District of Vermont

The Office of the United States Attorney for the District of Vermont stated that on February 28, 2019, Francis Macie, Linda Wainwright, Desiree Wells-Cooper, and Juan A. Sanchez, Jr., all of Brattleboro, were arrested and charged with violations of the federal Controlled Substances Act in connection with drug activity at 33 Oak Street, Apt. #4, in Brattleboro, Vermont. 

According to Court records, from in or about December 2018 through in or about February 2019, Francis Macie rented, used, and maintained 33 Oak Street, Apt. #4, in Brattleboro, Vermont for the purpose of distributing and using controlled substances, including heroin, fentanyl, and cocaine.  On December 28, 2018, law enforcement officers searched the residence at 33 Oak Street, Apt. #4 and seized over 200 grams of cocaine base, approximately 70 Oxycodone/Morphine pills, and firearms and ammunition, among other things.  On February 15 and 25, 2019, the Vermont State Police Vermont Drug Task Force, assisted by a confidential informant, purchased fentanyl from Desiree Wells-Cooper.  Both purchases took place at 33 Oak Street, Apt. #4.  On February 20 and 22, 2019, the Vermont State Police Vermont Drug Task Force, assisted by a confidential informant, purchased heroin from Denise Wainwright.  Both purchases took place at 33 Oak Street, Apt. #4.  On February 28, 2019, law enforcement officers executed another search warrant at 33 Oak Street, Apt. #4, leading to the arrests of Macie, Wells-Cooper, and Wainwright.  Also inside the residence was Juan A. Sanchez, Jr., who was arrested and charged with possession with intent to distribute cocaine and cocaine base.  Macie is charged with renting, using, and maintaining 33 Oak Street, Apt. #4 for the purpose of using and distributing controlled substances.  Wells-Cooper and Wainwright are charged with distributing controlled substances. 

The case is being investigated by the Vermont State Police Vermont Drug Task Force, the Brattleboro Police Department, and the Federal Bureau of Investigation. 

The defendants made their initial appearances on February 28 and March 1, 2019 before U.S. Magistrate Judge John M. Conroy.  Macie, Wells-Cooper, and Sanchez, Jr. were ordered detained.  Wainwright is scheduled for a detention hearing on March 6, 2019. 

If convicted, Macie, Wainwright, Wells-Cooper, and Sanchez, Jr. each face up to twenty years of imprisonment on each charge.  The actual sentences, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges contained in the complaints are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. 

The United States is represented in this matter by Assistant U.S. Attorneys Jonathan A. Ophardt and John J. Boscia.  Francis Macie is represented by John-Claude Charbonneau.  Linda Wainwright is represented by Ernest Allen.  Desiree Wells-Cooper is represented by Mark Oettinger.  Juan A. Sanchez, Jr. is represented by Karen Shingler.  

The Office of the United States Attorney for the District of Vermont stated that Douglas Bedell, age 56, of Williamstown, Vermont, has been indicted and detained on a federal firearms charge.  At his arraignment in U.S. District Court in Burlington on February 22, 2019, Bedell pleaded not guilty and was ordered detained in the custody of the U.S. Marshal’s Service pending disposition of the charge.  Bedell was also ordered to undergo a competency evaluation.

On December 12, 2018, Bedell was arrested by the Vermont State Police in Orange County and charged with Aggravated Domestic Assault after an altercation with a female.  Half-a-dozen firearms were found in his residence, along with over 1600 rounds of ammunition.  At the time, Bedell had two Vermont felony convictions, and was on State court release based on a 2017 Aggravated Assault with a Weapon charge in Washington County.  As a result, federal law barred his possession of firearms.  Bedell was detained in State custody after his December, 2018 arrest.  A Criminal Complaint filed by the Bureau of Alcohol, Tobacco and Firearms initiated the federal prosecution. 

The Criminal Complaint and Indictment are accusations only and Bedell is presumed innocent until and unless proven guilty.  The maximum possible sentence on the federal charge is 10 years imprisonment.  However, any sentence would be informed by the U.S. Sentencing Guidelines. 

U.S. Attorney Christina E. Nolan thanked the Vermont State Police and ATF for their investigative work and collaboration.  She stated: “this case exemplifies how federal guns laws may be brought to bear to address and prevent domestic violence in all Vermont communities.”  The United States is represented by Assistant U.S. Attorney William Darrow.  Bedell is represented by Assistant Federal Defender Elizabeth Quinn.   

The Office of the United States Attorney for the District of Vermont stated that Carmen Melari Ferrufino Perdomo, 29, of Charlotte, North Carolina, was sentenced on February 22, 2019, to a four-month period of incarceration upon her conviction for transporting aliens who had entered the United States illegally from Canada.  The prison term will be followed by a one-year period of supervised release.  Ferrufino was also ordered to pay $5,100 as a special assessment in light of the nature of her crime.  United States District Judge Christina Reiss ordered Ferrufino to surrender to the Bureau of Prisons on April 5, 2019.

Court records show that on March 17, 2018, Ferrufino flew from her home in North Carolina to Burlington, Vermont, where she rented a car.  She then drove in the early morning of March 18, 2018, to a pre-arranged location on the United States/Canada border to pick up six persons, all aliens who had just entered the United States illegally by walking through the woods.  The United States Border Patrol stopped Ferrufino a short while after she had picked up her passengers.  Records show that Ferrufino intended to drive all six aliens to New York City, and to receive payment in return. 

Counsel for Ferrufino argued for a sentence of six months of house arrest. Judge Reiss disagreed, noting the premeditated nature of Ferrufino's conduct, as well as the societal risks associated with Ferrufino bringing persons she did not know, who had just entered the country unlawfully, further into the United States.

The case was investigated by the United States Border Patrol. 

Ferrufino was represented by Assistant Federal Defender David McColgin.  Assistant United States Attorney Michael Drescher was the prosecutor.

The Office of the United States Attorney for the District of Vermont stated that Marvin A. Jones, 24, a resident of New Jersey who recently lived in Vermont, was sentenced to 36 months imprisonment on February 20, 2019, in United States District Court in Rutland.

Jones pleaded guilty in November, 2018, to purchasing a semi-automatic pistol in Vermont and selling it in New Jersey without a license to do so.  As part of a plea deal, Jones also resolved several pending, unrelated Vermont charges.  Court filings indicated that Jones acquired other firearms in Vermont during the same time period.

The Bureau of Alcohol, Tobacco and Firearms initiated the investigation when the pistol sold by Jones was recovered in the State of New Jersey and found to have been originally purchased in the State of Vermont.  The firearm was recovered from a New Jersey man in a stolen car, and was matched by ballistics tests to an earlier shooting in that area of New Jersey.  ATF investigators conducted numerous interviews and found the pistol had been purchased by Jones as a used gun via Armslist.com from the original owner.  Jones transported it from Vermont to New Jersey where he sold the firearm to an associate.  He had pending Vermont felony charges at the time.

Jones was represented by Assistant Federal Public Defender David McColgin.  The United States was represented by Assistant U.S. Attorney William Darrow. 

The Office of the United States Attorney for the District of Vermont stated that Walter Read, 76, of East Dorset, Vermont, was indicted on February 14, 2019 by a Burlington grand jury with one count of possession of child pornography and one count of access with intent to view child pornography.  On February 19, 2019, Read was arrested and arraigned in U.S. District Court in Burlington before The Honorable John M. Conroy.  At arraignment, Read pleaded not guilty to both charges.  Read is next scheduled to appear in federal court on February 22 for a hearing on the government’s motion for his pretrial detention. 

According to Court records, Read sustained a previous conviction in federal court for possession of child pornography.  For that conviction, The Honorable William K. Sessions III sentenced him in 2012 to 37 months in prison to be followed by five years of supervised release.  Read is accused of committing the instant child pornography offense – involving alleged downloading of images of child exploitation – while serving his term of federal supervised release. 

U.S. Attorney Christina E. Nolan is handling the prosecution of Read.  The lead federal investigator is a Homeland Security Investigations Special Agent.  Assistant Federal Public Defender Steven Barth represents Read. 

U.S. Attorney Nolan emphasized that the defendant is presumed innocent until and unless proven guilty.  If convicted, Read faces a ten-year mandatory minimum sentence for each count.  The advisory United States Sentencing Guidelines will also inform the Court at sentencing. 

U.S. Attorney Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force, Homeland Security Investigations, and the Manchester, Vermont Police Department. 

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice=s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney=s Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

U.S. Attorney Christina E. Nolan announced today that the District of Vermont collected $3,743,362.58 in criminal and civil actions in Fiscal Year 2018.  Of this amount, $704,388.04 was collected in criminal actions and $3,038,974.54 was collected in civil actions. 

Additionally, the U.S. Attorney’s Office in Vermont worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $19,390.41 in cases pursued jointly by these offices, all of which were results in criminal actions.          
 
As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2018.  The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices.

“The District of Vermont’s federal prosecutors and Civil Division attorneys work tirelessly to protect our citizens, to recover financial losses they sustain from criminal conduct, and to safeguard precious taxpayer resources,” said United States Attorney Christina E. Nolan. “Their efforts enabled us to achieve justice and recoup a significant amount of taxpayer dollars in Fiscal Year 2018.”

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.

“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice.  The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” Director James A. Crowell, IV, Executive Office for U.S. Attorneys.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.

 

The Office of the United States Attorney for the District of Vermont stated that two defendants have been indicted in Burlington on multiple charges, including Conspiracy to Distribute Cocaine Base, Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime, and Interstate Transportation of Firearms with Removed Serial Numbers.  The indictment follows a criminal complaint that had been previously filed, alleging that the two Boston residents agreed with one another and others to distribute crack cocaine and obtain firearms in the Swanton area between September 2017 and March 2018.  John Guerrero, 26, and Darwin Medina, 34, both of Boston, Massachusetts, were indicted in a four-count indictment by a federal grand jury in Burlington.  An arraignment on the indictment will be scheduled soon.

According to court records, John “Sunshine” Guerrero and Darwin “Weezy” Medina had moved into a residence in Swanton, Vermont area and used it as a place from which to distribute large quantities of crack cocaine—in excess of 280 grams.  They regularly brought cocaine powder to Vermont from South Boston, prepared crack cocaine from it in Swanton, and distributed it daily to multiple customers in exchange for cash or firearms.  The pair acquired multiple firearms by having drug customers “straw purchase” the guns, wherein the licensed firearms dealers were unaware that the actual purchasers were not the individuals appearing in the stores.  The serial numbers of many of the firearms were removed or obliterated by the defendants, who then transported or directed the transportation of many of the firearms from Vermont to Boston.  At least five of those firearms have since been recovered by law enforcement in the Boston area during investigations.  Guerrero and Medina were arrested on January 15, 2019, by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in Boston after a federal criminal complaint was filed earlier this year.  The defendants appeared in federal court in Burlington on February 5 for detention hearings, and they were remanded to the custody of the United States Marshal pending further case proceedings.

In an earlier phase of the investigation, the grand jury indicted five of the drug customers who had straw purchased approximately thirty firearms for Guerrero and Medina.  As noted in the criminal complaint associated with that case, those customers provided or helped to provide false information to gun stores in Franklin County to acquire the firearms and transfer them to Guerrero and Medina in exchange for crack cocaine.  The defendants completed firearm transaction forms when purchasing the firearms in which they falsely stated that they were the actual buyers of the firearms and were not unlawful users of any controlled substances.  https://www.justice.gov/usao-vt/pr/five-arrested-and-charged-straw-purchasers-30-firearms

The United States Attorney emphasizes that the charges contained in both indictments are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.  If they are convicted as charged, defendants John Guerrero and Darwin Medina face a minimum term of imprisonment of fifteen years and a maximum possible term of life imprisonment, but any sentence ultimately imposed will be advised by the United States Sentencing Guidelines.

U.S. Attorney Christina E. Nolan stated:  “It is of paramount importance that we stop the flow of dangerous drugs into Vermont and the trafficking of illegally acquired Vermont guns to drug source cities, like Boston.  This case is an outstanding example of the ATF working seamlessly with local police departments in Massachusetts and Vermont to do just that.  We will continue to pursue serious charges and sentences for those who mix guns and violence with the drug trade.” 

The United States Attorney’s Office acknowledges the work of ATF agents in Vermont and Massachusetts, the Saint Albans Police Department, and the South Boston Police Drug Control Unit in conducting this investigation.   U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Neighborhood, a nationwide commitment to reduce gun crime in America.  Led by the U.S. Attorney’s Office and ATF, Project Safe Neighborhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who violate federal gun laws.  For more information about Project Safe Neighborhood and Project Safe Vermont, please visit: https://www.justice.gov/psn.

Assistant United States Attorney Matthew Lasher will be leading the prosecution.  Defendant John Guerrero is represented by attorney David Kidney, and defendant Darwin Medina is represented by attorney Michelle Anderson Barth.

The Office of the United States Attorney for the District of Vermont stated that Jennifer Dwyer, 48, of St. Johnsbury, Vermont, has been indicted on a charge that she embezzled more than $2 million over a ten-year period from her Lyndonville employer, Northeast Agriculture Sales, Inc. (“NEAG”).  Dwyer was arraigned on the charge by U.S. Magistrate Judge John M. Conroy on January 24, 2019, where Dwyer pled not guilty and was ordered released pending trial.  If convicted, Dwyer faces a maximum possible penalty of 20 years in prison. 

According to the Indictment, NEAG, a family business, was established in 1987 and has locations in Lyndonville and Maine.  Dwyer was NEAG’s bookkeeper from approximately 1998 to 2017.  As bookkeeper, her responsibilities included customer billing, handling company accounts, and managing NEAG’s payroll system.  The Indictment charges that between 2007 and 2017, Dwyer embezzled approximately $2,221,079.47 from her employer through unauthorized electronic transfers of funds from NEAG’s payroll account to her personal checking account.  The government further alleges that Dwyer used the misappropriated funds to engage in on-line gambling and pay personal debts.  The Indictment also contains a Forfeiture Notice notifying Dwyer that it intends to seek forfeiture of any property constituting, or derived from, the proceeds of the alleged fraudulent scheme.          

Dwyer was arrested in Lyndonville by FBI Agents on January 17, 2019.

The United States Attorney’s Office noted that the Indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty.  Any sentence in this case will be advised by the federal Sentencing Guidelines. 

The Federal Bureau of Investigation is conducting the investigation in this matter.   

This prosecution is being handled by First Assistant U.S. Attorney Kevin J. Doyle.  Jennifer Dwyer is represented by John B. St. Francis, Esq. of Burlington.

The Office of the United States Attorney for the District of Vermont stated today that Greenway Health, LLC (Greenway), a Tampa, Florida-based developer of electronic health records (EHR) software, will pay $57.25 million to resolve False Claims Act allegations that Greenway caused its users to submit false claims to the government by misrepresenting the capabilities of its EHR product “Prime Suite” and providing unlawful remuneration to users to induce them to recommend Prime Suite.

“In the last two years my office has resolved two matters against leading EHR developers where we alleged significant fraudulent conduct.  These are the two largest recoveries in the history of this District and represent the return of over two-hundred and twelve million dollars of fraudulently obtained taxpayer monies.  These cases are important, not only to prevent theft of taxpayer dollars, but to ensure that the promise of health technology is realized in the form of improved patient safety and efficient healthcare information flow,” said Christina E. Nolan, United States Attorney for the District of Vermont.  “This resolution demonstrates my office’s initiative and resolve to vigorously uncover and to doggedly pursue these complex cases.  We will be unflagging in our efforts to preserve the accuracy and reliability of Americans’ health records and guard the public fisc against corporate greed.  EHR companies should consider themselves on notice.”

“Electronic health records are the central hub from which many health care decisions flow,” said Assistant Attorney General Joseph H. Hunt of the Justice Department’s Civil Division, “and both patients and providers rely on these technologies to safely and accurately record and transmit vital health information.”  “This resolution demonstrates our continued commitment to uncovering misconduct in the EHR space, and our determination to promote public health while holding accountable those who seek to abuse the government’s trust.”

The American Recovery and Reinvestment Act of 2009 established the Medicare and Medicaid EHR Incentive Program to encourage healthcare providers to adopt and demonstrate their “meaningful use” of EHR technology.  Under the program, the U.S. Department of Health and Human Services (HHS) made incentive payments available to eligible healthcare providers that adopt certified EHR technology and met certain requirements relating to their use of the technology.  To obtain certification for their product, companies that develop and market EHR technology are required to demonstrate that their product(s) satisfies all applicable HHS-adopted certification criteria.  Developers must first pass testing performed by an independent, accredited testing laboratory authorized by HHS, and then obtain and maintain certification by an independent, accredited certification body authorized by HHS.

In its complaint, the government contends that Greenway falsely obtained certification for its product Prime Suite when it concealed from its certifying entity that Prime Suite did not fully comply with the requirements for certification.  Among other things, Greenway’s product did not fully incorporate the standardized clinical terminology necessary to ensure the reciprocal flow of information concerning patients and the accuracy of electronic prescriptions.  Greenway accomplished its deception by preparing its test-run software to deceive the company hired to certify Prime Suite into believing that it could use the requisite clinical vocabulary. 

Additionally, in order to be eligible to receive incentive payments, healthcare providers were required to meet certain targets for EHR-related activities.  For example, at certain times providers were required to provide patients with clinical summaries following office visits.  In its complaint, the government further alleges that Greenway was aware that an early version of Prime Suite did not correctly calculate the percentage of office visits for which its users distributed clinical summaries and thereby caused certain Prime Suite users to attest falsely that they were eligible for EHR incentive payments.  Greenway refrained from rectifying this error in order to ensure that its users would continue to receive incentive payments.  As a result, numerous users of this earlier version of Prime Suite falsely attested that they were eligible for EHR incentive payments when, in fact, they had not met all necessary use requirements.

Finally, the government alleged that Greenway violated the Anti-Kickback Statute by paying money and incentives to its client providers to recommend Prime Suite to prospective new customers.

“The False Claims Act settlement in this case will hopefully be a deterrent to those who selfishly circumvent our federal healthcare programs for their own benefit,” said Chris Hacker, Special Agent in Charge of FBI Atlanta.  “The FBI will not tolerate companies stealing from federal taxpayers and the people who trust in the fairness of our federally funded healthcare programs.”

As part of the settlement, Greenway entered into a five-year Corporate Integrity Agreement (CIA) with the HHS Office of Inspector General (HHS-OIG) covering the company’s EHR software.  This innovative five-year CIA requires, among other things, that Greenway retain an Independent Review Organization to assess Greenway’s software quality control and compliance systems and to review Greenway’s arrangements with health care providers to ensure compliance with the Anti-Kickback Statute.  Greenway must provide prompt notice to its customers of any patient safety related issues and maintain on its customer portal a comprehensive list of such issues and any steps users should take to mitigate potential patient safety risks.  The CIA also requires Greenway to allow Prime Suite customers to obtain the latest versions of Prime Suite at no additional charge, the opportunity to migrate their data from Prime Suite to another Greenway-developed software product also at no additional charge, and to give Prime Suite customers the option to have Greenway transfer their data to another EHR software vendor without penalties, service charges, or any other fees other than contractual amounts still owed in connection with goods or services already provided.

“Electronic Health Records can be key to an integrated health system providing improved care” said Derrick Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Putting patients at risk will result in intensive investigation and compliance obligations such as those in OIG’s comprehensive five-year Corporate Integrity Agreement.”

This matter was jointly handled by Assistant United States Attorneys Owen C.J. Foster and Nikolas P. Kerest, of the U.S. Attorney’s Office for the District of Vermont, Kelley Hauser and Edward Crooke of the Commercial Litigation Branch of the Civil Division, the Northern District of Georgia, the HHS Office of Inspector General, and multiple HHS agencies and components.  Special Agents Gregory Peacock and Patrick Finno from the Federal Bureau of Investigation’s field office in Atlanta, Georgia provided significant investigative support to the investigation.  Health Care Fraud Investigators George Thabault and Richard Lewis provided important investigative resources. 

The case is captioned United States v. Greenway Health, LCC, 2:19-cv-20 (D. Vt.).  The claims resolved by the settlement are allegations only and there has been no determination of liability. 

The Office of the United States Attorney for the District of Vermont stated that Randy Holmes, 28, of Rockingham, Vermont, was sentenced on January 18, 2019, to 54 months imprisonment by United States District Court Chief Judge Geoffrey Crawford, in U.S. District Court in Burlington, Vermont. Judge Crawford also sentenced Holmes to a three-year period of supervised release by the U.S. Probation Office, which begins when Holmes is released from prison. Finally, the Court ordered the forfeiture of $34,000 of drug proceeds seized from Holmes.

Holmes previously pled guilty to conspiracy to distribute heroin and fentanyl and possession of firearms by a felon. Holmes agreed to the 54-month sentence. Holmes was facing a maximum sentence of twenty years imprisonment for the drug conspiracy and ten years imprisonment for the firearms offense.

According to court records, Holmes admitted that from March 2017 to March 2018, he conspired with others to sell heroin and fentanyl in the Springfield, Vermont area. On March 22, 2018, the Vermont State Police Drug Task Force and the Springfield Police Department executed a search warrant at Holmes’ residence on Randall Hill Road in Rockingham, Vermont. Law enforcement seized approximately 400 bags containing heroin and fentanyl, ten firearms, over 100 marijuana plants, and $34,000 in cash drug proceeds. The average weight for a “bag” of heroin is approximately 24 milligrams.

The Vermont Drug Task Force investigation revealed that Holmes was selling bags of a heroin/fentanyl mixture that were stamped “Hardball” and “Renegade.” In early 2018, heroin/fentanyl bags stamped “Renegade” were prevalent in Windsor and Windham Counties and were linked to several overdoses, both fatal and non-fatal.

This matter was investigated by the Vermont State Police Drug Task Force, Troopers from the Westminster Barracks, the Springfield Police Department, and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Joe Perella. Holmes is represented by David McColgin, Esq. of the Federal Defenders Office in Burlington.

The Office of the United States Attorney for the District of Vermont stated that federal charges were filed today against Everett Simpson, 41, formerly of St. Albans, Vermont for his involvement with the kidnapping of a New Hampshire woman over the weekend.

According to the unsealed complaint filed in the Federal District Court for the District of Vermont, Simpson is alleged to have kidnapped a woman and her young child from New Hampshire and transferred her to Vermont. The victims were subsequently released. The complaint charged a violation of the federal kidnapping statute, 18 U.S.C. §1201(a)(1), which carries a penalty of up to life in prison.

Simpson was arrested in Pennsylvania on Sunday. An arrest warrant was issued in connection with the federal charges. After his federal arrest, the government will seek to have Simpson transferred to Vermont in custody. The contents of the complaint are allegations only. Simpson is presumed innocent until proven guilty. Simpson also faces charges in Delaware County, Pennsylvania and Windsor County, Vermont.

The United States Attorney’s Office for the District of Vermont thanks the Federal Bureau of Investigation in Vermont and New Hampshire, the Vermont State Police, the Hartford Police Department, the Manchester Police Department, and the Upper Darby, Pennsylvania Police Department for their efforts in investigating and apprehending Mr. Simpson. The case will be handled by AUSA Matthew Lasher.

The Office of the United States Attorney for the District of Vermont stated that David Hughes, 37, of Rutland, Vermont, was charged by criminal complaint in United States District Court in Burlington, Vermont, with one count of production of child pornography and one count of possession of child pornography.  Hughes was arrested and made his initial appearance to answer the complaint in federal court on December 27, 2018.  At the January 2, 2019 hearing on the government’s motion for pretrial detention, U.S. Magistrate Judge John M. Conroy granted the motion and ordered Hughes detained without bail pending trial.  Hughes is next scheduled to appear in Federal court on January 10, 2019, at 3:00 pm.

According to court records and proceedings, in 2014, the Rutland Police Department investigated a report that Hughes had sexually assaulted a three-year old little girl while playing a game called “Find the kitty.”  Hughes was a friend of the family of the victim.  The investigation did not result in charges brought against Hughes. 

In late November 2018, a family member of the victim in the 2014 case discovered a box in his mother’s basement belonging to Hughes that contained video tapes of child pornography.  Specifically, the video tapes showed the 2014 victim and two other minor family members being exploited and sexually assaulted by Hughes.  In one of the tapes, Hughes encouraged the three-year victim to pull down her pants as they played a game called “Find the kitty.”  In a statement given to Rutland Police Department officers after discovery of the tapes, Hughes admitted to exploiting and sexually assaulting the children depicted in videos.  He admitted to producing the videos and explained that he “made the videos so it would keep going on.”  Rutland PD officers executed a search warrant at Hughes’ residence.  At that time, Hughes identified a desktop computer as belonging to him.  Investigators obtained a warrant to search that computer.  Approximately nine images of child pornography, including some images depicting infants, were found on that computer during a “preview” search.
 
Hughes was charged in Vermont Superior Court in Rutland with one count of aggravated sexual assault of a victim less than 13 years old, and one count of lewd and lascivious conduct with a child.  Hughes pleaded not guilty to both charges prior to his arrest on federal charges.  That case is being prosecuted by Rutland County Chief Deputy State’s Attorney Peter M. Bevere.  The lead state investigator is Rutland Police Department Detective Ryan Ashe. 

Assistant U.S. Attorney Barbara A. Masterson is handling the Federal prosecution of Hughes.  The lead Federal investigator is Homeland Security Investigations Special Agent Caitlin Moynihan.  Assistant Federal Public Defender Elizabeth K. Quinn represents Hughes. 

U.S. Attorney Nolan emphasized that the defendant is presumed innocent until and unless proven guilty.  If convicted, Hughes’ sentence will be determined by the advisory United States Sentencing Guidelines. 

U.S. Attorney Nolan commended the efforts of the Rutland Police Department, Castleton Police Department, Rutland Unit for Special Investigations at the Child First Advocacy Center, Vermont Internet Crimes Against Children Task Force, Homeland Security Investigations, and the Vermont Attorney General’s Office. 

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney's Offices, 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 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 Anthony Mickens (a.k.a. “K”), 26, of Hartford, Connecticut, was sentenced yesterday to 60 months imprisonment by United States District Court Judge Christina Reiss, in U.S. District Court in Burlington, Vermont. Judge Reiss also sentenced Mickens to a three-year period of supervised release by the U.S. Probation Office, which begins when Mickens is released from prison. Finally, the Court ordered the forfeiture of $5,592 of drug proceeds seized from Mickens at the time of his arrest.

Mickens previously pled guilty to conspiracy to distribute heroin and cocaine base and possession of firearms by a felon. Mickens was facing a maximum sentence of twenty years imprisonment for the drug conspiracy and ten years imprisonment for the firearms offense.

According to court records, in August 2017, Mickens conspired with others to distribute heroin and crack cocaine in Chittenden County. Mickens obtained his drugs from Connecticut.  At that time, Mickens lived at 46 Foxwood Circle in Williston and used a female drug user and other persons to sell drugs for him in Chittenden County. Mickens also unlawfully acquired two stolen .22 caliber pistols by trading heroin and crack cocaine to the thief for the guns. Given that Mickens had prior felony convictions he was prohibited from possessing any firearms.

Kelly D. Brady, Special Agent-in-Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), which covers all the New England states, stated: “ATF will continue to work with our state and local law enforcement counterparts, to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade”

The government wrote in its sentencing memorandum:

Heroin and crack cocaine are destroying lives and families in many Vermont communities. A strong message needs to continually be sent to persons, such as the defendant, who deal drugs for profit and prey on addicts, that there are significant legal consequences for distributing these addictive poisons and acquiring firearms through drug trafficking. A 60-month sentence in the context of this case achieves that deterrence goal.

U.S. Attorney Christina Nolan added: “This case, once again, highlights the link between trafficking in dangerous drugs and gun crime.  It is also an example of the success we achieve through the Vermont law enforcement model of collaboration on all levels to make communities safer.  The Vermont law enforcement team will never tire in its mission to bring strong consequences to those who engage in violence and unlawfully possess firearms in connection with the drug trade.”  

This case was jointly investigated by the Burlington Police Department, Williston Police Department, Winooski Police Department, Milton Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Joseph Perella is prosecuting this case case on behalf of the United States. Mickens is represented by Steven Barth, Esq., of the Federal Public Defenders Office.

The Office of the United States Attorney for the District of Vermont stated that Angelo Efthimiatos, 49, of Sudbury, Vermont, was convicted yesterday of flying an airplane without a valid pilot’s license following a two-day jury trial. Mr. Efthimiatos faces up to two years of incarceration on the charge.

According to the indictment in the case and information presented at trial, just after midnight on April 10, 2018, Efthimiatos landed a small plane at the Rutland Regional Airport in North Clarendon, Vermont. The flight originated in Nantucket, Massachusetts. Efthimiatos was intercepted by federal agents at the airport and was arrested.  At the time of his arrest in Vermont, Efthimiatos was on supervised release in the Southern District of Iowa for a prior conviction for transporting 50 kilograms or more of marijuana by plane.  He served 57 months in prison for that offense.  His airman’s certificate, at issue in the Vermont case, was revoked as of July 1, 2014 following his Iowa conviction. He has been detained since his arrest on April 10, 2018.

Sentencing in the case will be scheduled.

The United States Attorney’s Office recognized the excellent work of Special Agents from the Drug Enforcement Administration and the Department of Transportation’s Office of Inspector General to support the investigation and trial.  The FAA also provided extensive support during the case.

At trial, the government was represented by Assistant U.S. Attorneys Nicole Cate and Eugenia Cowles. Mr. Efthimiatos was represented by Craig S. Nolan, Esq. of Sheehey, Furlong, and Behm, P.C.

The Office of the United States Attorney for the District of Vermont stated that on November 27, 2018, United States District Judge Christina Reiss sentenced John Jones, a.k.a. “Champ,” of Springfield, Massachusetts, following his conviction at trial of conspiracy to distribute heroin and 28 grams or more of cocaine base; distribution of heroin; and possession with intent to distribute 28 grams or more of cocaine base.  Judge Reiss sentenced Jones to 85 months in prison, to be followed by four years of supervised release.

The evidence presented at trial revealed that from early 2015 through July 13, 2015, Jones conspired with Childlove Gelin, a.k.a. “Rome” and “Haiti,” and others, to distribute large quantities of heroin, cocaine base, and cocaine in southern Vermont.  On July 7, 2015, an informant working with the Vermont Drug Task Force purchased heroin from Jones.  On July 13, 2015, after selling cocaine base to another informant, Jones and Gelin led police on a prolonged, 130-mile-per hour car chase on Interstate 91.  During the course of their flight, $6,700 of cocaine base was thrown from the fleeing vehicle.  Jones and Gelin were ultimately apprehended in Massachusetts.  The trial evidence also detailed Jones’ manufacture of cocaine base and his sexual exploitation of addicts.

Jones was subject to a mandatory minimum sentence of 60 months for his crimes.  In imposing the 85-month sentence, Judge Reiss considered the defendant’s significant criminal history, which included convictions for shooting another individual in the chest at point-blank range, and three separate convictions for domestic assault and battery, one of which was an aggravated offense in which Jones struck and strangled the pregnant mother of his children.  The sentence also was based on the defendant’s intimidation of a witness.

United States Attorney Christina E. Nolan commended the efforts of the Vermont State Police, the Massachusetts State Police, the Brattleboro Police Department, the Springfield, Massachusetts Police Department, and the United States Department of Homeland Security for their work on this investigation.

The case was tried by U.S. Attorney Nolan and Assistant U.S. Attorney Nate Burris.  Jones was represented by Attorney Richard Bothfeld.

Christina E. Nolan, United States Attorney for the District of Vermont, stated that Shane David, 24, of Brooklyn, New York, was sentenced today in United States District Court in Burlington by U.S. District Court Judge Christina Reiss, to 72 months in prison followed by four years of post-release supervision, for possession with intent to distribute approximately 1.4 kilograms of crack cocaine and 1.05 kilograms of marijuana.

According to court records, on October 14, 2017, David was stopped by Vermont State Police for speeding on VT Route 22A in West Haven, Vermont.  A subsequent investigation led to substantial seizures from the vehicle of crack cocaine and marijuana with a combined street value of between $170,000 and $200,000.

On January 11, 2018, David was indicted by a federal grand jury on a one-count indictment charging him with Possession with Intent to Distribute crack cocaine and marijuana.  David pleaded guilty to a Superseding Information on August 10, 2018, pursuant to a negotiated plea agreement.

The case was jointly investigated by the Vermont State Police and the Federal Bureau of Investigation.  The United States Attorney commends those agencies for their work and cooperation.  David was represented by Assistant Federal Public Defender Elizabeth Quinn.  The prosecutor was Assistant U.S. Attorney Abigail Averbach.

The Office of the United States Attorney for the District of Vermont stated that five individuals were sentenced by United States District Judge William K. Sessions for their roles in a multi-year conspiracy to distribute heroin, cocaine base, and cocaine.  On November 19, 2018, Robbull Bryant was sentenced to a 90-month term of imprisonment, Elijah Ealey was sentenced to a 33-month term of imprisonment, and Jason Bunch was sentenced to an 18-month term of imprisonment.  Earlier this year, Earl Brown was sentenced to a 48-month term of imprisonment and Alfred Spellman was sentenced to a 25-month term of imprisonment.

According to court filings, from late 2014 through August 26, 2016, the defendants conspired together to distribute large quantities of heroin, cocaine base, and cocaine in Brattleboro, Vermont and surrounding areas.  With the assistance of confidential informants, law enforcement conducted 11 separate controlled purchases of heroin, cocaine base, and cocaine from the members of the conspiracy.  On August 26, 2016, an argument over a drug debt led to a shootout between Bryant and another individual in which Bryant fired multiple rounds from a Ruger .40 caliber semiautomatic handgun in a residential neighborhood in Putney, Vermont.

Bryant was additionally convicted of being a felon in possession of a firearm.  For his crimes he faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. The remaining defendants faced a statutory maximum term of 20 years in prison.  In imposing the sentences, Judge Sessions considered a number of factors, including the severity of the offense, the harm controlled substances have caused to Vermont communities, and the defendants’ criminal records.

United States Attorney Christina E. Nolan commended the efforts of the Federal Bureau of Investigation, Department of Homeland Security, Bureau of Alcohol Tobacco and Firearms, and the Vermont State Police for their work on this investigation.

The prosecution was handled by U.S. Attorney Nolan, and Assistant U.S. Attorneys Nate Burris, and Paul Van de Graff.  Bryant was represented by Attorney Michelle Barth, Ealey was represented by Attorney Richard Bothfeld, Bunch was represented by Attorney Robert Sussman, Brown was represented by Attorney Chandler Matson, and Spellman was represented by Attorney Craig Nolan.

The United States Attorney for the District of Vermont announced that Miguel Lopez-Castillo, 34, a Mexican national, pleaded not guilty on November 15, 2018, in United States District Court in Burlington to a charge that he was found in the United States after having been previously deported.  U.S. Magistrate Judge John M. Conroy ordered that Lopez-Castillo be detained pending trial, which has not been scheduled.

According to the indictment, Lopez-Castillo has twice been deported from the United States:  first in 2008 and again in 2012.  In late May 2018, agents with the Department of Homeland Security learned that Lopez-Castillo had at some point returned to the United States illegally, without having obtained authorization from the Attorney General to do so.  At the time of his indictment this past August, Lopez-Castillo was in the custody of the Vermont Department of Corrections following his arrest in Burlington.   That state case ended on November 15, 2018, with Lopez-Castillo’s guilty plea and time-served sentence.  Agents then took the defendant into federal custody. 

The United States Attorney emphasizes that the charge in the indictment is merely an accusation and that the defendant is presumed innocent unless and until he is proven guilty. 

If convicted, Lopez-Castillo faces up to two years of imprisonment and a fine of up to $250,000.  The actual sentence would be determined with reference to federal sentencing guidelines. 

Lopez-Castillo is represented by Assistant Federal Public Defender Barclay Johnson.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The United States Attorney for the District of Vermont announced that Debra Bluto, 64, of St. Albans Bay, pleaded not guilty today in United States District Court in Burlington to charges that she defrauded the Social Security Administration.  U.S. Magistrate Judge John M. Conroy released Bluto on conditions pending trial, which has not been scheduled.

On October 24, a federal grand jury in Rutland returned a four-count indictment charging Bluto with stealing government funds and making false statements to the Social Security Administration.  According to the indictment, Bluto’s grandson began receiving Supplemental Security Income benefits from the government in 2001.  SSI is a special needs-based benefit program designed to provide financial assistance to aged, blind and disabled persons who have little or no income.  The benefits for Bluto’s grandson were paid directly to Debra Bluto as her grandson’s representative payee.

For most of the period between May 2008 and January 2017, Bluto’s grandson was incarcerated following his convictions for serious crimes.  By law, Bluto’s grandson was not entitled to receive SSI benefits during any period of incarceration.  Nonetheless, Bluto continued to receive her grandson’s SSI benefits for the entire time he was in jail.  According to the indictment, in annual reports she had to file with the Social Security Administration, Debra Bluto concealed the fact that her grandson was in prison and falsely claimed that she used all the SSI funds to pay for his care.  In fact, the indictment charges, Debra Bluto converted those illegitimate payments – which totaled approximately $50,000 - to her own benefit.

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

If convicted, Bluto faces up to ten years of imprisonment and a fine of up to $250,000.  The actual sentence would be determined with reference to federal sentencing guidelines.

This case was investigated by the Office of the Inspector General of the Social Security Administration.

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

The Office of the United States Attorney for the District of Vermont announced that Cameron Weaver, a resident of Philadelphia, was sentenced yesterday in United States District Court in Rutland after pleading guilty to possession with intent to distribute fentanyl and cocaine base.  Chief U.S. District Judge Geoffrey W. Crawford sentenced Weaver to 18 months in prison and three years of supervised release.  Mr. Weaver has been incarcerated since his arrest on March 13, 2018. 

According to court records, on March 13, 2018, the Vermont Drug Task Force used a confidential informant to purchase from Weaver approximately seven grams of cocaine base, commonly referred to as crack cocaine, and over 100 bags of heroin.  Subsequent laboratory testing confirmed that the bags tested positive for heroin and fentanyl.  Shortly after the purchase, law enforcement stopped Mr. Weaver’s car and placed him under arrest.  During a subsequent search of Weaver, law enforcement recovered approximately $4700 in cash, just over 400 bags of heroin, and approximately 8 grams of cocaine base.  Subsequent laboratory testing confirmed that the heroin tested positive for heroin and fentanyl.  These seizures of cash and drugs occurred while Weaver was on pre-trial diversion for a felony money laundering offense in New Jersey.     

This case was investigated by the Vermont Drug Task Force, with the assistance of the South Burlington Police Department.  Weaver is represented by Jason J. Sawyer.  The government is represented by Assistant U.S. Attorney Jonathan Ophardt.

United States Attorney Christina E. Nolan announced today that, as part of the State’s overall strategy to ensure the integrity of the upcoming election, she has specially assigned Assistant United States Attorney (AUSA) Michael Drescher to lead the efforts of the U.S. Attorney’s Office (USAO).  The Vermont USAO program occurs in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018 elections.  AUSA Drescher has been appointed to serve as the District Election Officer (DEO) for the District of Vermont and, in that capacity, is responsible for overseeing the Office’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington, D.C., the Vermont Secretary of State’s Office, and the Vermont Department of Public Safety.

U.S. Attorney Nolan said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will act promptly and aggressively, working with its federal and state partners, to protect the integrity of the election process.”

The Department of Justice has played a long-standing and important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s enduring Election Day Program furthers these goals and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department of Justice in order for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or be assisted by a person of their choice.

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Nolan stated that AUSA/DEO Drescher will be on duty in this District while the polls are open.  AUSA/DEO Drescher can be reached at 802-951-6725 during regular office hours, and then at 802-651-8246 after hours on election day.  In addition, the Vermont Secretary of State’s Office has established a Hotline which Vermonters can call to report any election-related complaints.  The Hotline number is 1-800-439-VOTE (8683).

The FBI will also have special agents in each field office throughout the country to receive complaints related to allegations of election fraud and other election abuses. Vermonters can call (518) 431-7200 and calls will be directed to the appropriate field office.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by completing a complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

U.S. Attorney Nolan said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, the Department of Justice Civil Rights Division, the Vermont Secretary of State’s Office, or the Vermont Department of Public Safety.”

Vermont Secretary of State Jim Condos, the State’s Chief Election Official, stated: “Securing Vermont’s elections takes a dedicated team of state and federal partners. Our state and federal partners are all working diligently with us to ensure that when a Vermont voter goes to the polls on Election Day they can cast their ballot confident in the integrity and security of their vote.”  He added, “No Vermont voter should be denied their Constitutional right to cast a ballot, and any voter experiencing issues on Election Day may call our Election Day hotline at 1-800-439-VOTE (8683).”

The United States Attorney for the District of Vermont announced that Marco Antonio Lam Peralta (also known as Tony Lam), 45, of South Londonderry, Vermont, was sentenced Tuesday to ten years of imprisonment following his conviction for conspiracy to distribute more than a kilogram of heroin.  The sentencing followed Lam's guilty plea, as well as his unsuccessful effort to withdraw from his guilty plea.  United States District Judge William K. Sessions III also ordered that Lam serve five years of supervised release following the completion of his prison sentence.  Lam has been in the custody of the United States Marshals Service since his March 2016 arrest. 

Court records indicate that during the summer and fall of 2015 Lam conspired with his co-defendant Diego Mejia Paredes to ship large quantities of heroin from Guatemala, hidden in Guatemalan food supplement packaging, to various addresses in Southeastern, Vermont.  In early October 2015 customs officials discovered more than 41 kilograms of heroin in one such shipment, addressed to a restaurant in Manchester Center, Vermont.  Mejia arrived at the restaurant to take delivery of the shipment.  While waiting for the heroin to arrive, Mejia spoke with Lam over the phone, and Lam called DHL, the shipping company used by the conspiracy to import the heroin.

Additional investigation led agents to conclude that this was the conspiracy's eighth shipment into Vermont in 2015.   The previous shipments were sent to locations associated with Lam, including his pizza shop, Tony's New York Style Pizzeria in Bondville, as well as Lam's previous residence in Manchester, Vermont.  Evidence also showed that Lam directed Mejia as to where to address several of these shipments, and Mejia directed Lam with regard to other aspects of the conspiracy.

Lam is a citizen of Guatemala.  Court records reflect that he is likely to be removed from the United States following his prison sentence.  In December 2017 Judge Sessions sentenced Lam's co-defendant Mejia Paredes to a 180 month term of imprisonment.

This case was investigated by the Department of Homeland Security, the Drug Enforcement Administration, the Vermont State Police, and the Bureau of Alcohol, Tobacco and Firearms, with assistance from the Manchester, Vermont, Police Department. 

Lam is represented by Mark Kaplan.  The prosecutor is Assistant United States Attorney Michael Drescher.

The Office of the United States Attorney for the District of Vermont stated that Jamal
Hall, age 41, of Brooklyn, New York and Rutland, Vermont, was arraigned today in U.S. District
Court in Burlington on a charge of being a felon in possession of a firearm.

As detailed in the government’s motion for detention, shortly after midnight on April 13, 2018, Hall fired a .40 caliber semi-automatic pistol inside of the Hide-A-Way Tavern in Rutland, Vermont. That night, Hall became engaged in a confrontation with another male patron. In response to the male patron swinging his fist at Hall, Hall pulled the pistol from his waistband and fired in close range at the male patron. The bullet did not strike the male patron, nor did it strike multiple other people nearby. Hall is a prior felon with drug convictions in both New
York and Vermont. Accordingly, Hall is prohibited from possessing firearms under federal law.

At his appearance in federal court today before United States Magistrate Judge John M.
Conroy, Hall entered a plea of not guilty. The defendant was ordered detained pending further proceedings.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives as well as the Rutland Police Department. The Vermont State Police were instrumental in the defendant’s arrest, which occurred after the defendant led law enforcement on a high-speed chase in Southern Vermont. The Rutland County State’s
Attorney’s Office also provided valuable assistance.

“This case demonstrates the commitment of the U.S. Attorney’s Office to protect
Vermont communities, in all parts of the state, from those who engage in gun violence. Illegal possession and use of firearms —particularly in bars and nightclubs — puts the innocent public and law enforcement officers at great risk. Those who commit such crimes will be brought to justice through the collaborative efforts of federal, state, local, and county law enforcement agencies.”

“This investigation exemplifies ATF’s commitment to protect our communities from violent criminals who possess firearms” said ATF Acting Special Agent in Lawrence
Panetta. “ATF will continue to collaborate with our law enforcement partners to eradicate violent gun related crime.”

Rutland County State’s Attorney Rose Kennedy stated, “This case represents the collaborative efforts of local, state and federal authorities to try and keep the community safe. I want to thank U.S. Attorney Nolan for making the prosecution of illegal firearms possession cases a priority.”

Assistant U.S. Attorney Andrew C. Gilman represents the United States. Assistant
Federal Defender Elizabeth K. Quinn represents Hall. The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally‐based strategies to reduce violent crime.

The Office of the United States Attorney for the District of Vermont stated that Timothy Durkin, 43, was sentenced yesterday in United States District Court in Rutland, Vermont, to serve five years in prison after his guilty plea to maliciously destroying by means of fire real property used in interstate commerce.  Chief U.S. District Judge Geoffrey W. Crawford also ordered Durkin to serve a three year term of supervised release upon his release from prison.

According to court records and proceedings, in the early morning hours of October 27, 2017, Durkin set fire to a building located at 3579 Waterbury-Stowe Road in Waterbury, Vermont.  The fire destroyed the entire building.  In December 2017, after he was arrested on unrelated charges in Washington County Superior Court, Durkin admitted to the arson.

Assistant U.S. Attorney Jonathan A. Ophardt handled the prosecution.  Durkin was represented by Assistant Federal Public Defender David L. McColgin.  U.S. Attorney Christina E. Nolan commended the efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Vermont State Police in the investigation and prosecution of Durkin.

These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.

The Office of the United States Attorney for the District of Vermont stated that Hilary Denault-Reynolds, 53, formerly of St. Albans, Vermont, was sentenced on October 22, 2018, in United States District Court in Rutland, Vermont, to serve seven years in prison after his guilty plea to one count each of distribution of child pornography and possession of child pornography.  Chief U.S. District Judge Geoffrey W. Crawford also ordered Denault-Reynolds to serve a fifteen year term of supervised release upon his release from prison.

According to court records and proceedings, in spring of 2016, internet service providers Yahoo and Chatstep transmitted “Cybertips” to the National Center for Missing and Exploited Children (NCMEC) that a user, later identified as Denault-Reynolds, had transmitted images of child pornography over their online platforms.  NCMEC forwarded the tips to the Vermont Internet Crimes Against Children Task Force (the ICAC).  The ICAC investigated the tips and obtained warrants to search Denault-Reynolds’ Yahoo account and ultimately his residence in St. Albans, Vermont.  On November 17, 2016, law enforcement executed the residential search warrant and seized multiple computers and electronic storage devices from Denault-Reynolds.  Forensic examination of the computers and devices revealed that they contained thousands of images and videos of child pornography, and that Denault-Reynolds distributed child pornography to others using Yahoo Messenger.  Subsequent investigation revealed that Denault-Reynolds had also bragged online about his sexual abuse of children earlier in his life, and that he had spent years “grooming” a child who lived near him.

The government was represented by Assistant U.S. Attorney Nicole P. Cate.  Denault-Reynolds was represented by Assistant Federal Public Defender David L. McColgin. 

United States Attorney Christina E. Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations in the investigation and prosecution of Denault-Reynolds. 

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The Office of the United States Attorney for the District of Vermont, the Office of the Attorney General for the State of Vermont, the Vermont Department of Public Safety, and Vermont Center for Crime Victim Services announced today that the Vermont State Police (VSP) and the Vermont Center for Crime Victim Services (CCVS) have received a $1.2 million grant to combat human trafficking.  This U.S. Department of Justice grant, which was awarded September 27, 2018, will allow VSP and CCVS to work collaboratively with the Vermont Human Trafficking Task Force (VT HTTF) to eradicate the exploitation of human beings for labor and commercial sex.  With this grant, Vermont will initiate a statewide approach in the fight against this violation of basic human rights.

This grant is designed to support the delivery of comprehensive and specialized services for all victims of human trafficking and the investigation and prosecution of sex and labor trafficking cases.  CCVS and VSP will develop and fund at least three new positions entirely dedicated to promoting victim-centered and trauma-informed investigations and comprehensive service delivery.  The $1.2 million grant covers a three-year period beginning October 1, 2018.

Since 2013, under the leadership of the U.S. Attorney’s Office and the Vermont Attorney General’s Office, the VT HTTF has worked to facilitate a collaborative effort to eliminate and prevent the trafficking of persons within the State of Vermont; to pursue prosecution of perpetrators; and to protect, rehabilitate, and empower survivors of human trafficking.  Human trafficking is a crime that causes deep and lasting trauma to even the strongest of its survivors. 

Human trafficking is the act of compelling a person by force, fraud, or coercion to provide labor or a commercial sex act.  Coercion may be subtle and insidious, and traffickers often threaten serious physical, psychological, and emotional harm.  Human trafficking is a global, national, and local problem, and Vermont is not immune to this crisis.  Drug addicts and other vulnerable people such as children, the disabled, and the undocumented are specifically targeted and recruited by traffickers for exploitation.  Between 2014 and mid-2017, in the Chittenden County area alone, the HTTF’s data collection efforts estimate that there were over 250 suspected incidents of human trafficking. 

Senator Patrick Leahy (D-VT) said, “I’m proud of the great work done by Vermont’s Human Trafficking Task Force to secure this highly competitive grant.  As Vice Chairman of the Senate Appropriations Committee, I’ve worked to ensure these funds are available to Vermont and to other states, where some people may not be aware that human trafficking is a problem.  Make no mistake, human trafficking can be found everywhere, particularly in areas hard hit by the illicit drug trade.  With this grant, Vermont will have more tools to identify victims and target those who are profiting from this insidious trade.”      

United States Attorney Christina E. Nolan remarked, “The HTTF and its partners are very grateful to Senator Leahy and the Appropriations Committee for ensuring the availability of funds to combat human trafficking, and we thank the Department of Justice for granting Vermont’s application for this important funding.  Human trafficking is one of the most dangerous and least recognized crimes occurring in Vermont, and it is a particularly awful component of the opioid trade.  Tragically, drug dealers routinely earn money by using brutal violence and other forms of coercion to compel addicts to perform sex acts.  We are currently prosecuting some of the worst perpetrators of this horrific crime in federal court, and offenders should be on notice that they will be targets for federal prosecution in Vermont.  As with the opioid crisis, it is only through a multidisciplinary, holistic approach uniting the enforcement, treatment, and prevention communities, that we can successfully combat the inhumanity and horror that is human trafficking.  We have pursued this forward-leaning approach through the HTTF, and this grant will allow us to strengthen our partnerships and expand our efforts – particularly to areas outside Chittenden County – so that we can identify and rescue more victims, support more brave survivors, and bring strong consequences to the perpetrators of this grievous injustice.”

Vermont Attorney General T.J. Donovan stated, “This grant will make a difference for Vermont and for all Vermonters impacted by human trafficking. With these funds and dedicated professionals, we will now be able to direct our efforts in a very targeted way. We will be better able to protect victims and hold those who profit from human trafficking accountable.”

“This grant will allow us to make a giant step forward in our fight against this modern day slavery,” stated Commissioner of Public Safety Thomas D. Anderson.  “Every year millions of men, women, and children are trafficked in countries around the world.  Vermont is not immune from this crime.  This grant will allow us to better protect victims and the public,” stated Anderson.

Vermont Center for Crime Victim Services Director Chris Fenno observed that “with this grant, Vermont will be able to strengthen the Human Trafficking Task Force and work across the state with allied professionals to help ensure that victims are identified and assisted.  These funds will greatly enhance collaboration and continue building a strong and unified response to hold accountable those who engage in modern day slavery.”

Additional Task Force partners include Give Way to Freedom, United Way, Vermont Network Against Domestic and Sexual Violence, Vermont Coalition of Runaway and Homeless Youth Programs, HOPE Works, Spectrum Youth and Family Services, Disability Rights Vermont, Federal Bureau of Investigation, Homeland Security Investigations, U.S. Drug Enforcement Administration, U.S. Department of State Diplomatic Security Service, U.S. Department of Labor OIG, Vermont Department for Children and Families, Burlington Police Department, South Burlington Police Department, Colchester Police Department, Rutland Police Department, and the Office of the Chittenden County State’s Attorney.

The Vermont Human Trafficking Task Force is led by Co-Chairs Assistant United States Attorney Abigail Averbach, Assistant Attorney General Cindy Maguire, and Dr. Aron Steward of the Department for Children and Families, and is comprised of subcommittees dedicated to Law Enforcement, Victim Services, and Training and Outreach. 

To make a report to law enforcement, call the Vermont Human Trafficking Hotline: 1-888-98HUMAN (1-888-984-8626).  Information regarding the human trafficking of a youth (under the age of 18) should be reported to the Department for Children and Families by calling Vermont Centralized Intake: 1-800-649-5285.

If you become aware of an instance of human trafficking and would like to speak with a trained specialist who can help assess the situation and provide information and referrals, call: 211.  For more information about human trafficking, please visit https://humantraffickinghotline.org or www.justice.gov/humantrafficking. 

The Office of the United States Attorney for the District of Vermont stated that Shane Allen Edgerly, age 42, of Milton and Fairfield, Vermont, was arraigned yesterday in U.S. District Court in Burlington on a charge of possessing child pornography.

According to a Criminal Complaint filed October 4, 2018, a search warrant was executed that day at Edgerly’s residence after an investigation by Homeland Security Investigations.  During the search, images of child pornography were seized.

At an appearance in federal court last week, Edgerly was detained based largely upon his prior record in the State of Vermont.  Yesterday a federal Grand Jury passed down an indictment alleging his possession of child pornography.

The indictment, and the prior criminal complaint, are accusations only and the defendant is presumed innocent until and unless proven guilty.  

The investigation was conducted by HSI, assisted by Vermont’s Internet Crimes Against Children Task Force.  Edgerly is represented by Steven Barth of the Federal Public Defender’s Office.  The United States is represented by Assistant U.S. Attorney William Darrow.

The Office of the United States Attorney for the District of Vermont stated that Cody Clark, 27, of Bristol, Vermont, was sentenced on October 18, 2018, in United States District Court in Burlington, Vermont, to serve 120 months in prison after his guilty plea to one count of receipt of child pornography.  U.S. District Judge Christina Reiss also ordered Clark to serve a thirty (30) year term of supervised release, and to pay a $100 special assessment. 

According to court records and proceedings, in the summer of 2017, Google transmitted a “Cybertip” to the National Center for Missing and Exploited Children (NCMEC) that a user, later identified as Clark, had uploaded images of child pornography to Clark’s Google account.  NCMEC forwarded the tip to the Vermont Internet Crimes Against Children Task Force (the ICAC).  The ICAC investigated the tip and obtained a warrant to search Clark’s residence in Bristol, Vermont.  On September 2, 2017, law enforcement executed the search warrant and seized several computers and other devices from Clark.  Officers also discovered a minor child in his bed.  During a statement made to law enforcement, Clark admitted that he produced and possessed images of child pornography, that he knew he had a problem and needed help, and that he had inappropriately touched young boys in his care, though he claimed that such touches were non-sexual.  A forensic examination of his devices confirmed that Clark had produced images of child pornography, and possessed images that he had downloaded from the Internet.

United States Attorney Christina E. Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations in the investigation and prosecution of Clark.  She added: 

“Let this case serve as a reminder that those who sexually exploit children will be targets for federal prosecution, and a top priority for federal investigators.  Society should be measured by how it protects its most innocent and vulnerable members, and the Vermont law enforcement community will bear this in mind as we relentlessly pursue those who harm children and advocate for serious sentences.  As Judge Reiss said in imposing sentence, this defendant’s conduct was ‘unforgiveable and a violation of trust.’”   

Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Clark.  Clark was represented by Assistant Federal Public Defender Elizabeth Quinn.  

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit  www.projectsafechildhood.gov.

The Office of the United States Attorney for the District of Vermont stated today that Wayne Oddo, 54, of Poultney, was sentenced to 24 months’ imprisonment by Chief United States District Court Judge Geoffrey W. Crawford sitting in Rutland, Vermont. Chief Judge Crawford also sentenced Oddo to a three-year period of supervised release by the U.S. Probation Office, which will begin when Oddo is released from prison.

Oddo previously pled guilty to a violation of a federal law that prohibits making a residence, or other place, available for the purpose of manufacturing, storing, distributing, or using any controlled substance. This statute imposes a maximum sentence of twenty years imprisonment, up to a $500,000 fine, and up to three years of supervised release.

According to court records, from about December 2016 to March 2017, Oddo housed two out-of-state drug dealers who sold heroin and crack cocaine in Rutland County. These two drug dealers, Richard Torruellas (a.k.a. “Scoob”), 23, and Franseco Escribano (a.k.a. “Brisco”), 35, were known as the “Jersey Boys,” as they were from the Jersey City, New Jersey area. Both previously pled guilty to conspiring to distribute heroin and cocaine base and each received sentences of 54 months’ imprisonment.

According to the government, Torruellas and Escribano often stayed overnight at Oddo’s residence on Morse Hollow Road in Poultney with their supply of drugs. During the day, they would go into Rutland and use local addicts to sell most of their drugs. In exchange for letting them stay at his residence, Torruellas and Escribano gave Oddo small, personal use amounts of drugs and paid some of his bills. Oddo also allowed Torruellas and Escribano to target shoot with his guns in his backyard.

During the execution of a search warrant at his residence on March 15, 2017, Oddo admitted that he moved the body of Alexandra Rooker, 26, who had fatally overdosed a week earlier at Oddo’s residence. Specifically, Oddo stated that he had moved her body to his shed because of the smell and had not reported her death to anyone.

Several months before the discovery of Rooker’s body, there was another drug related-death at Oddo’s home, and in that situation too, Oddo never called for help. In light of these facts, in its sentencing memorandum, the government argued that a significant sentence of imprisonment was appropriate:

It is astonishing that over a six-month period there were two-drug related deaths at his residence and, in both instances, the defendant appeared to lack the basic decency to notify law enforcement. Most people, even those battling the demons of addiction, know instinctively that there is a line below which it is simply immoral to descend. Hiding the body of a deceased person falls well below that line. The defendant appears to have had no qualms about descending to that dark place.

U.S. Attorney Christina Nolan stated:

“In light of the defendant’s disregard for the dignity of deceased persons, a significant sentence was warranted. This tragic case also shows how destructive and corrosive the opioid crisis is in the State of Vermont.”

“The opioid crisis in Vermont requires a multi-faceted law enforcement approach aimed at reducing supply, which will complement statewide efforts to reduce demand by making drug treatment more accessible to addicts. As part of our continued vigorous prosecutions of large-scale drug dealers, it is necessary to also target those lower-level residents who enable larger out-of-state dealers by providing them with a places to stay, store their product, and conduct drug trafficking activities. Prosecuting these individuals and shutting down these safe houses is necessary because oftentimes these facilitators will host a succession of out-of-state drug dealers. In appropriate cases, such as when the owner of the property is aware of the drug dealing and fails to take reasonable and safe steps to stop it, such as by contacting law enforcement, we will consider utilizing federal forfeiture law to seize and forfeit the property.”

Rutland County State’s Attorney Rosemary Kennedy stated:

 “I want to thank the US Attorney’s Office for all their work on this case. The State looks forward to prosecuting the matter in State court.”

This case was investigated by the Vermont State Police Drug Task Force, the Rutland City Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Joseph Perella prosecuted the case on behalf of the United States. Wayne Oddo is represented by Steven Barth, Esq., of the Federal Public Defenders Office.

One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Jeff Sessions has made the centerpiece of the Department’s violent crime reduction strategy. 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 Vermont and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders.  The U.S. Attorney’s Office has partnered with all levels of law enforcement, local organizations and community stakeholders to reduce violent crime and make our state safer for everyone.

“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs.  I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face.  Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.” 

U.S. Attorney Christina Nolan stated:  “There is no place for violence in Vermont in any context, whether it be in the home, in relation to the drug trade, or in connection with property crime.  The U.S. Attorney’s Office is committed to prioritizing anti-violence prosecutions.  We will work tirelessly to root out violence across the state, and always in close collaboration with community organizations, federal, state, local, and county law enforcement, the Vermont Attorney General’s Office, and state prosecutors.  As we continue to work in unity, as a single Vermont law enforcement team, we will send a message of zero tolerance to those who commit senseless violence and flout firearms laws, and we will create safer and more peaceful communities for Vermonters.” 

Achievements

As we celebrate the one-year anniversary of the revitalized PSN program, here are some highlights of the U.S. Attorney’s Office PSN program over the past year:

• In January 2018, Assistant U.S. Attorney Wendy Fuller was appointed the Violent Crime Coordinator to oversee PSN prosecutions and initiatives in Vermont and to conduct intake of U.S. Attorney’s Office violent crime cases. 

• The U.S. Attorney’s Office has strengthened relationships, communication, and partnerships at all levels of law enforcement in Vermont, and in every corner of the state, in order to maximize our cooperation in violent crime cases.  In particular, the U.S. Attorney meets regularly, in person, with each State’s Attorney to ensure close collaboration in all matters, including violence and gun crime.  

• The U.S. Attorney’s Office established a PSN Task Force, comprised of federal, state, and local agencies and community partners.  The mission of the Task Force is to collaborate in violent crime cases and regularly communicate intelligence concerning top violent crime offenders, discuss trends in violent crime, and share best practices and violence prevention strategies.  Members of the Task Force come from northern and southern Vermont. 

• The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives have conducted numerous trainings for state, county and local law enforcement throughout the state.  These sessions cover the scope and interplay of state and federal gun laws, federal case intake procedures, and violent crime investigative resources available to law enforcement at all levels. 

• The U.S. Attorney’s Office requested and received three new, full-time Assistant U.S. Attorneys, increasing its AUSA ranks by more than 15 percent.  These new resources will allow the U.S. Attorney’s Office to increase its violent crime caseload and provide greater support to our state and local partners. 

Enforcement Actions

• The U.S. Attorney’s Office continues to deploy resources to support our partners, to bring charges in cases of violence, and to bring justice to violent crime offenders.  Case highlights from the past year include:

• On 8/21/2018, Richard Monroe was sentenced to 25 years in prison following his conviction for shooting and killing Kevin DeOliveira in Burlington in connection with a cocaine dispute.  Read more www.justice.gov/usao-vt/pr/richard-monroe-sentenced-twenty-five-years-prison-connection-murder-kevin-deoliveira

• On 6/1/2018, Howard Hoisington was sentenced to 24 years in prison following his conviction for setting two individuals on fire in Barre (and killing one) in connection with the drug trade.  Read more www.justice.gov/usao-vt/pr/howard-hoisington-sentenced-24-years-prison-fatal-arson-case

• On 8/16/2018, Michael Bickford was sentenced to 8 years in prison following his conviction for conduct in Springfield involving bank robbery at gunpoint, attempted kidnapping, carjacking, and a standoff with police. Read More www.justice.gov/usao-vt/pr/perkinsville-man-sentenced-armed-pharmacy-and-bank-robbery-case

• Over the past year, an operation in Barre, supported with Organized Crime Drug Enforcement Task Force (OCDETF) funds, led to state and federal charges against 58 defendants, and to the seizure of 71 firearms, 2,187 rounds of ammunition, 888 bags of heroin, and 161 grams of crack cocaine.  This operation exemplifies the positive impacts and support that federal OCDETF funds can provide to local law enforcement and communities. 

• On 9/13/2018, five St. Albans individuals were indicted for straw purchasing a total of approximately 30 firearms and trading them to drug dealers in Massachusetts. Read more www.justice.gov/usao-vt/pr/five-arrested-and-charged-straw-purchasers-30-firearms

Community Partnerships

Circle, a nonprofit serving victims and survivors of domestic violence, has joined the PSN effort and was recently approved as a fiscal agent for federal PSN grant funding awarded to Vermont.  Circle will join with law enforcement in helping to educate Vermonters about violent crime and domestic violence and devising and implementing violence prevention strategies throughout the state.

Improvements to Community Safety

• The FBI’s official crime data for 2017 reflects that, following historic increases in violent crime, the nationwide violent crime rate began to decline.  Specifically, the nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.

• Preliminary information for 2018 gives reason for optimism that our PSN efforts are producing positive results.  Public data from 60 major American cities shows that violent crime decreased by nearly five percent in those cities in the first six months of 2018, compared to the same period a year ago.

• Vermont saw a 20 percent decrease in homicides from 2016 to 2017.  In 2018, year to date, homicides in Vermont are down nearly 50 percent from 2016.  In 2018, year to date, homicides arising from domestic violence are down more than 30 percent.  Moreover, robberies in Vermont decreased nearly 25 percent from 2016 to 2017.  In 2018, year to date, robberies are down more than 50 percent from 2016. 

These data reveal what the Vermont law enforcement community knows:  by working together, side-by-side, we reduce violence and gun crime and keep our communities safe.  There is much work ahead.  We will continue to forge strong partnerships with law enforcement agencies and community stakeholders to promote justice and peace for Vermonters. 

These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.

 

The Office of the United States Attorney for the District of Vermont stated that on October 4, 2018, a federal grand jury returned an indictment charging Grant Vance and Gregory Paradis with drug-related crimes.  The indictment alleges that between early 2018 and June 28 of 2018, Vance and Paradis conspired to distribute buprenorphine, and that on June 28, 2018, Vance possessed with intent to distribute buprenorphine.   

According to court records, Vance was employed as a Correctional Officer at the Northern State Correctional Facility in Newport, Vermont, where Paradis was an inmate.  Informants provided law enforcement with information regarding Vance’s introduction of buprenorphine into the correctional facility and subsequent distribution to Paradis.  Court records also show that a federal search warrant for Vance’s person and vehicle was executed on June 28, 2018.  A magic marker containing suspected buprenorphine was located as a result of the search.

If convicted, the defendants’ sentences will be advised by the federal sentencing guidelines.  The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendants are presumed innocent unless and until they are proved guilty.

United States Attorney Christina E. Nolan commended the efforts of the Federal Bureau of Investigation, the Vermont State Police, and the Vermont Department of Corrections.

The United States is represented by Assistant U.S. Attorney Nate Burris. Vance is represented by Assistant Federal Public Defender David McColgin.

The Office of the United States Attorney for the District of Vermont stated that United States District Judge Christina Reiss today sentenced Michael Brockenbaugh, 37, of the Bronx, New York, to a 14-year term of imprisonment, followed by five years of supervised release, following Brockenbaugh's guilty plea to conspiring to distribute more than a kilogram of heroin and more than 280 grams of crack cocaine.  The 14-year term of imprisonment was part of a negotiated plea agreement, which Judge Reiss approved.

Court filings indicate that Brockenbaugh, whose nickname in Vermont was “J.D.,” was the leader of the conspiracy that distributed crack cocaine and heroin on Mallets Bay Avenue in Winooski from 2013 to 2015.  The conspiracy utilized group text messaging to customer lists that featured, “Hump Day Specials,” “TGIF Specials,” and “Happy Hour Specials,” during which customers could get a free hit of, or a discounted price for, the drugs being sold by the conspiracy.  Brockenbaugh, the boss of the conspiracy, set the price to be charged and directed others to manage distribution from various residences on Mallets Bay Avenue in Winooski. 

Twenty persons have been convicted in Vermont Federal Court for crimes relating to their role in this conspiracy. 

This case was investigated by the Drug Enforcement Administration in Vermont and Connecticut, the Vermont State Police, the police departments of Winooski, Burlington, South Burlington, St. Albans, Williston, and Milton, Vermont, as well as the United States Marshals Service and the Department of Homeland Security.  U.S. Attorney Christina Nolan praised the collaborative effort of law enforcement at all levels, which led to the dismantling of a significant drug trafficking organization that sold large quantities of deadly narcotics in Chittenden County.  She noted that the U.S. Attorney’s Office would continue to prioritize combatting the drug trade in partnership with federal, state, local, and county investigators. 

Brockenbaugh was represented by Michael Shklar, Esq.  The case was prosecuted by Assistant United States Attorneys Michael Drescher and Kunal Pasricha.

The Office of the United States Attorney for the District of Vermont stated that two persons have been sentenced for their respective roles in the smuggling and transporting of fourteen illegal aliens who traveled on foot from Quebec to Derby, Vermont in October 2017. The two defendants are Alberto Alvarado-Castro, 30, a Mexican citizen, and Hector Perez-Alvarado, 26, a Honduras citizen. Pursuant to plea agreements reached between the Government and the defendants, United States District Court Chief Judge Geoffrey W. Crawford sentenced Alvarado-Castro to three years imprisonment and Perez-Alvarado to time-served, which amounted to about one-year imprisonment.

Alberto Alvarado-Castro previously pled guilty to smuggling aliens for financial gain, which carries a three-year mandatory minimum sentence and a ten-year maximum sentence. Hector Perez-Alvarado pled guilty to transporting aliens for financial gain, which carries a ten-year maximum sentence.

According to the complaint affidavit and the statements made at the recent hearings, late in the evening of October 7, 2017, Alberto Alvarado-Castro guided the fourteen aliens through the woods on the border to a van parked in Derby, which was driven by Hector Perez-Alvarado. In multiple trips, Perez-Alvardo drove the aliens to a motel in Derby, where, on the last trip, they were all apprehended by the U.S. Border Patrol. Eleven of the smuggled illegal aliens were Guatemala citizens and three were Mexican citizens.

According to the Government’s sentencing memorandum, both defendants were lower-level couriers in the smuggling operation, but Alvarado-Castro was the leader between the two. In addition, Alvarado-Castro had a significant criminal record, including multiple illegal entries into the United States and burglary convictions. The Government’s sentencing memorandum stated that Alvarado-Castro’s “typical pattern was to illegally enter the United States, commit felony property crimes shortly after re-entry, get convicted of the felonies, be removed from the United States, and then repeat the cycle.” The Government stated that the higher sentence for Alvarado-Castro was justified in light of his significant criminal record and his leadership role in the offense.

This matter was investigated by the United States Border Patrol and Homeland Security Investigations. “This case is an excellent example of the dedication and hard work put forth by Border Patrol agents to keep our country and communities safe,” said U.S. Border Patrol Swanton Sector Chief Patrol Agent Robert Garcia. “Our agents did an outstanding job thwarting this smuggling attempt.”

U.S. Attorney Christina Nolan commended the Border Patrol and Homeland Security Investigations for interdicting this significant smuggling event, one of the largest in recent memory.  She added: “We will continue to work closely with our law enforcement partners in the U.S. and Canada to uphold the integrity our northern border and dismantle criminal organizations that operate on both sides of the boundary.”

The Assistant U.S. Attorney prosecuting this matter is Joe Perella. Elizabeth Quinn, Esq., of the Federal Public Defender’s Office represents Perez-Alvarado. David Watts, Esq., of Burlington represents Alvarado-Castro. Robert Sussman, Esq., of Burlington represents Perez-Ramirez.

The Office of the United States Attorney for the District of Vermont stated that Jason Bonds, 43, of Ascutney, Vermont, was sentenced on October 1, 2018, in United States District Court in Burlington, Vermont, to serve 45 months in prison after his guilty plea to one count of possession of child pornography.  U.S. District Judge William K. Sessions III also ordered Bonds to serve a five (5) year term of supervised release, and to pay a $100 special assessment. 

According to court records and proceedings, in 2016 Google discovered images of child pornography on its platform.  Google transmitted a “Cybertip” to the National Center for Missing and Exploited Children, which forwarded the tip to the Vermont Internet Crimes Against Children Task Force (the ICAC).  The ICAC investigated the tip and ultimately obtained a warrant to search Bonds’ former residence in Ascutney, Vermont.  Upon learning that Bonds no longer resided there, law enforcement went to his new residence in Westminster, Vermont.  In an interview with investigators, Bonds disclosed that he had viewed child pornography on his laptop computer, which he surrendered to investigators. During a forensic examination of Bonds’ computer, law enforcement found approximately 1,300 images and videos depicting child pornography.  Some of the images were of children ranging in age from infant to age six (6), and depicted sadistic and masochistic conduct.  Law enforcement also found evidence that Bonds went to chat rooms on the Internet where he chatted with whom he believed were 12 and 13-year old children. 

During the investigation of the child pornography allegations, a prepubescent girl whom Bonds knew claimed that he sexually assaulted her.  On May 22, 2018, Bonds pleaded guilty to lewd and lascivious conduct involving that child in Vermont state court.  He is expected to be sentenced on the state charges on October 2, 2018.  Bonds’ guilty plea to these charges in state court was a condition of his federal plea agreement. 

United States Attorney Christina E. Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force, Homeland Security Investigations, and the Brattleboro Police Department in the investigation and prosecution of Bonds.  The prosecution of Bonds was handled by Assistant U.S. Attorney Barbara A. Masterson.  Bonds was represented by Assistant Federal Public Defender Steven L. Barth.  

U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit  www.projectsafechildhood.gov.

The Office of the United States Attorney for the District of Vermont announced that Carol Philbin, 66, of St. George, Vermont, appeared today in federal district court in Burlington to answer to charges that, following her mother’s death in July 2009, Philbin unlawfully collected $93,345 in Social Security Administration benefits issued to her mother and used the money for her own expenses.   The Information filed in the case covers the time-period between July 2009 and April 2014.  United States District Court Judge Christina Reiss accepted Philbin’s guilty plea to the one count charged in the Information and released Philbin on conditions.  Judge Reiss ordered Philbin to be back in U.S. District Court on February 11, 2019, for sentencing. 

According to court documents, Carol Philbin was formerly Vice President for Personal Trusts at Merchant’s Bank and a trust officer before that at various other banks.  Following her mother’s non-fatal stroke, Philbin served as Trustee for her mother’s estate during her mother’s lifetime. As such, Philbin was aware that her mother was receiving Social Security benefits while she was alive. When her mother died on July 2, 2009, Philbin knew that her responsibilities included notification to various parties, including the Social Security Administration.  Philbin failed to notify the Social Security Administration of her mother’s death, despite being aware of her duty to so report.  Instead, between July 2009 and April 2014, Philbin continued to receive the benefits issued to her mother and used the money for her own expenses.  In total, Philbin unlawfully received and retained $93,345.00 in social security payments.

Philbin pleaded guilty to one count of making a false statement to a department or agency of the United States, a violation of 18 U.S.C. § 1001(a)(2).  Philbin faces up to five years of imprisonment, followed by up to three years of supervised release.  Philbin further faces a fine of up to $250,000.  The actual sentence, however, will be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  As part of her negotiated plea with the government, the government agreed to recommend a sentence of time served if Philbin pays $50,000 in restitution to the Social Security Administration on or before sentencing and $43,345 in restitution in yearly installments over a period of three years. 

The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach.  Carol Philbin is represented by Peter Langrock of Langrock Sperry & Wool of Burlington, Vermont.

A federal inmate formerly residing in Pennsylvania pleaded guilty today to murder, carjacking and kidnapping, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Christina Nolan for the District of Vermont.

Donald Fell, 38, formerly of Wilkes-Barre, Pennsylvania, pleaded guilty to a federal indictment arising from the Nov. 27, 2000 kidnapping, carjacking and murder of 53-year old Teresca King.

Fell pleaded guilty to all four charges pending against him, including carjacking with death resulting, kidnapping with death resulting, brandishing a firearm in furtherance of a crime of violence and transportation of a firearm by a fugitive from justice.  Chief U.S. District Court Judge Geoffrey W. Crawford accepted Fell’s guilty plea in U.S. District Court in Rutland, Vermont.  Immediately after the guilty plea, Judge Crawford sentenced Fell to serve life in prison without the possibility of release.  Fell also agreed to waive direct appeal.

During the plea, Fell admitted to murdering Rutland man Charles Conway while Fell’s friend and now deceased co-defendant Robert Lee murdered Fell’s mother Debra Fell, 46, in an apartment on Robbins Street in Rutland.  The two men then carjacked and kidnapped Teresca King in Rutland and drove into New York State, where they killed Mrs. King.  Lee and Fell were natives of Wilkes-Barre, Pennsylvania, who came to Vermont in late 2000.

According to the  plea agreement, on the evening of Nov. 26, 2000, defendant Donald R. Fell, Robert Lee, Debra Fell, and Charles Conway were socializing in the apartment of Debra Fell on Robbins Street in Rutland.  In the early morning hours of Nov. 27, 2000, Fell attacked Charles Conway with a knife and killed him.  Robert Lee attacked Debra Fell with another knife, killing her.

After killing Conway and Debra Fell, Fell and Lee walked together to the Price Chopper grocery store in Rutland, carrying an unloaded Mossberg 12-gauge shotgun, looking for a car in which to leave Vermont.  At approximately 3:30 a.m., Fell and Robert Lee confronted Teresca King when she arrived in her Vermont plated Plymouth Neon automobile at the Price Chopper to work her early morning shift.  At shotgun point, Fell and Lee stole King’s car keys and forced her into the backseat of her car.  The two men then took turns driving the car west out of Vermont into New York State, and then south for several hours.  Shortly after dawn on Nov. 27, 2000, the men parked King’s car at the side of the road in rural Dover Plains, New York, and took King into the woods.  In a spot not visible from the road, Fell and Lee battered King to death, kicking her in the head and striking her face with a rock as she lay on her back.  Leaving King’s body in the woods, Fell and Lee continued driving south in her car.

The two men stopped in their hometown of Wilkes-Barre for a night.  In Wilkes-Barre, they stole a pair of Pennsylvania license plates from another Plymouth Neon and put them on King’s car, and discarded King’s Vermont plates.  Continuing southwest, the two men paused to refuel in Clarksville, Arkansas, where a local law enforcement officer stopped the Plymouth Neon due to the stolen plates.  Fell and Lee were arrested, and the Mossberg 12-gauge shotgun was seized.

The United States extends its sympathy and gratitude to Mrs. King’s family, who closely followed the case since 2000, attending all court hearings and displaying remarkable patience with the extraordinary delays.  The United States also extends its sympathy to the family members of Charles Conway.  In his plea today, Fell acknowledged that he murdered Mr. Conway while Fell’s deceased co-defendant, Robert Lee, was murdering Fell’s mother, Debra Fell.  By encompassing Fell’s role in these murders in the plea, the loss of the lives of Mr. Conway and Mrs. Fell are recognized.

The investigation was conducted by the FBI, the Rutland Police Department, the Vermont State Police, the New York State Police and the Clarksville, Arkansas Police Department.  The U.S. Marshal’s Service also worked hard on the case over the years.

The case was prosecuted by Assistant U.S. Attorneys Bill Darrow and Jon Ophardt, along with Trial Attorney Sonia Jimenez of the Criminal Division’s Capital Case Section of the Department of Justice.

U.S. Attorney Christina Nolan commended U.S. Attorney’s Office prosecutors and staff for their commitment and tremendous work on this case for more than 17 years.  She noted that Assistant U.S. Attorney Darrow has prosecuted this case with distinction and remarkable dedication over its entire lifespan, and she thanked the Department’s Capital Case Section and its prosecutors for their support and partnership.  She acknowledged the tremendous toll that nearly 18 years of litigation has taken on the victims’ families and stated that, in supporting the plea agreement, the United States hoped to bring that protracted ligation to resolution and secure finality for the victims, the public, law enforcement, and all other parties involved.  

WASHINGTON – A federal inmate formerly residing in Pennsylvania pleaded guilty today to murder, carjacking and kidnapping, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Christina Nolan for the District of Vermont.

Donald Fell, 38, formerly of Wilkes-Barre, Pennsylvania, pleaded guilty to a federal indictment arising from the Nov. 27, 2000 kidnapping, carjacking and murder of 53-year old Teresca King.

Fell pleaded guilty to all four charges pending against him, including carjacking with death resulting, kidnapping with death resulting, brandishing a firearm in furtherance of a crime of violence and transportation of a firearm by a fugitive from justice.  Chief U.S. District Court Judge Geoffrey W. Crawford accepted Fell’s guilty plea in U.S. District Court in Rutland, Vermont.  Immediately after the guilty plea, Judge Crawford sentenced Fell to serve life in prison without the possibility of release.  Fell also agreed to waive direct appeal.

During the plea, Fell admitted to murdering Rutland man Charles Conway while Fell’s friend and now deceased co-defendant Robert Lee murdered Fell’s mother Debra Fell, 46, in an apartment on Robbins Street in Rutland.  The two men then carjacked and kidnapped Teresca King in Rutland and drove into New York State, where they killed Mrs. King.  Lee and Fell were natives of Wilkes-Barre, Pennsylvania, who came to Vermont in late 2000.

According to the  plea agreement, on the evening of Nov. 26, 2000, defendant Donald R. Fell, Robert Lee, Debra Fell, and Charles Conway were socializing in the apartment of Debra Fell on Robbins Street in Rutland.  In the early morning hours of Nov. 27, 2000, Fell attacked Charles Conway with a knife and killed him.  Robert Lee attacked Debra Fell with another knife, killing her.

After killing Conway and Debra Fell, Fell and Lee walked together to the Price Chopper grocery store in Rutland, carrying an unloaded Mossberg 12-gauge shotgun, looking for a car in which to leave Vermont.  At approximately 3:30 a.m., Fell and Robert Lee confronted Teresca King when she arrived in her Vermont plated Plymouth Neon automobile at the Price Chopper to work her early morning shift.  At shotgun point, Fell and Lee stole King’s car keys and forced her into the backseat of her car.  The two men then took turns driving the car west out of Vermont into New York State, and then south for several hours.  Shortly after dawn on Nov. 27, 2000, the men parked King’s car at the side of the road in rural Dover Plains, New York, and took King into the woods.  In a spot not visible from the road, Fell and Lee battered King to death, kicking her in the head and striking her face with a rock as she lay on her back.  Leaving King’s body in the woods, Fell and Lee continued driving south in her car.

The two men stopped in their hometown of Wilkes-Barre for a night.  In Wilkes-Barre, they stole a pair of Pennsylvania license plates from another Plymouth Neon and put them on King’s car, and discarded King’s Vermont plates.  Continuing southwest, the two men paused to refuel in Clarksville, Arkansas, where a local law enforcement officer stopped the Plymouth Neon due to the stolen plates.  Fell and Lee were arrested, and the Mossberg 12-gauge shotgun was seized.

The United States extends its sympathy and gratitude to Mrs. King’s family, who closely followed the case since 2000, attending all court hearings and displaying remarkable patience with the extraordinary delays.  The United States also extends its sympathy to the family members of Charles Conway.  In his plea today, Fell acknowledged that he murdered Mr. Conway while Fell’s deceased co-defendant, Robert Lee, was murdering Fell’s mother, Debra Fell.  By encompassing Fell’s role in these murders in the plea, the loss of the lives of Mr. Conway and Mrs. Fell are recognized.

The investigation was conducted by the FBI, the Rutland Police Department, the Vermont State Police, the New York State Police and the Clarksville, Arkansas Police Department.  The U.S. Marshal’s Service also worked hard on the case over the years.

The case was prosecuted by Assistant U.S. Attorneys Bill Darrow and Jon Ophardt, along with Trial Attorney Sonia Jimenez of the Criminal Division’s Capital Case Section of the Department of Justice.

U.S. Attorney Christina Nolan commended U.S. Attorney’s Office prosecutors and staff for their commitment and tremendous work on this case for more than 17 years.  She noted that Assistant U.S. Attorney Darrow has prosecuted this case with distinction and remarkable dedication over its entire lifespan, and she thanked the Department’s Capital Case Section and its prosecutors for their support and partnership.  She acknowledged the tremendous toll that nearly 18 years of litigation has taken on the victims’ families and stated that, in supporting the plea agreement, the United States hoped to bring that protracted ligation to resolution and secure finality for the victims, the public, law enforcement, and all other parties involved.  

The Office of the United States Attorney for the District of Vermont stated that James O’Dell, 54, and Robin Buell, 50, both of Bennington County, VT appeared today in United States District Court in Burlington, following their arrests for conspiracy to distribute cocaine and cocaine base.

According to court documents, the Vermont Drug Task Force and the Federal Bureau of Investigation conducted an investigation into the distribution of cocaine and cocaine base in the Bennington, Vermont area.  During the investigation, O’Dell was identified as a significant source of cocaine in the Bennington, Vermont area. On four separate occasions, O’Dell delivered cocaine to Robin Buell, who sold the cocaine to a Vermont Drug Task Force informant.

On September 13, 2018, the Vermont Drug Task Force and the FBI arrested O’Dell and executed a federal search warrant at O’Dell’s Bennington home.  In O’Dell’s home, law enforcement found approximately 360 grams of cocaine base, 386 grams of cocaine and 4 lbs. 6.5 oz. of marijuana. The total street value of the cocaine found in O'Dell's residence is $74,600. A search of one of O’Dell’s vehicles yielded a total of $24,961.00 in cash.

O’Dell appeared before U.S. Magistrate Judge John M. Conroy on September 14, 2018 on charges of conspiracy to distribute cocaine base and conspiracy to distribute cocaine. He was remanded to the custody of the U.S. Marshals Service pending further proceedings in the case. On September 18, 2018, O’Dell was released on pre-trial conditions that include, but are not limited to, surrendering his passport, drug testing, and reporting regularly to pretrial services.

On September 17, 2018, Robin Buell was arrested at his home in Bennington. Buell appeared before U.S. Magistrate Judge John M. Conroy on September 18, 2018 and was remanded to the custody of the U.S. Marshals Service.  On September 19, 2018, Buell was released on pre-trial conditions that include, but are not limited to, drug testing and reporting regularly to pretrial services.

United States Attorney Christina Nolan stated:  “This case is an outstanding example of how Vermont law enforcement officers at the federal, state, local, and county level come together to root out dangerous drug trafficking from our communities.  Law enforcement at all levels understand that there is suffering in every corner of our state and we will continue to collaborate and deploy resources accordingly. Because of this extraordinary team effort, two drug dealers are out of business, nearly $75,000 in addiction-based profit has been cut short, and Bennington County is safer.” 

“These arrests demonstrate our overall strategy and relentless determination to eradicate drugs in our community,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigations. “We are proud to work side by side with the Vermont State Police, Bennington Police, and the U.S. Attorney's Office to bring these individuals to justice.”

The charges against O’Dell and Buell are merely accusations and the defendants are presumed innocent unless and until they are proven guilty.

In addition to the Vermont Drug Task Force and the FBI, members from the Vermont State Police-Shaftsbury, Bennington Police Department, and the Bennington County Sheriff's Department assisted with the arrest and search warrant.  The Bennington County State’s Attorney’s Office also provided valuable assistance.

O’Dell is represented by David L. McColgin.  Buell is represented by Karen R. Shingler.  Assistant U.S. Attorney Andrew C. Gilman represents the United States.

The Office of the United States Attorney for the District of Vermont stated that Jeremy A. Churchill, 38, of Cabot, Vermont, was sentenced today by Chief United States District Court Judge Geoffrey W. Crawford to six years in federal prison for possessing stolen handguns.  Churchill pleaded guilty to the stolen firearms charge in May 2018.

According to court filings, on May 16, 2017 Churchill burglarized two residences in East Montpelier, Vermont, stealing handguns and ammunition from one of them.  The Vermont State Police stopped Churchill’s vehicle that same day, seized it, and obtained a State of Vermont search warrant.  Executing the warrant, they found items stolen from both residences, including two Smith & Wesson handguns and ammunition.  Between May and August 2017, Churchill was implicated in four home burglaries.  He faces pending charges in State court based upon those other offenses.

At sentencing before Judge Crawford today, Churchill urged that he was a drug addict with a poor childhood, warranting a lesser sentence.  The government responded that he had 35 State of Vermont and New Hampshire convictions, and past leniency had failed to deter him.  Churchill has 20 pending State of Vermont charges.  
 
The U.S. Attorney thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Vermont State Police, for their work on the case. 

The United States was represented by Assistant U.S. Attorney Bill Darrow.  Churchill was represented by Assistant Federal Public Defender David McColgin.

Since August 2018, members of the Vermont State Police Drug Task Force (VDTF), Homeland Security Investigations (HSI) and the Federal Bureau of Investigation (FBI) have been investigating the importation, sale and distribution of heroin and fentanyl in the greater Caledonia County area.  The investigation identified both local distributors and out-of-state suppliers of heroin and fentanyl.

As part of the investigation, on September 6, 2018, members of the Vermont State Police Westminster Barracks stopped Richard Trudeau, 31, and Julie Hurst, 40, of St. Johnsbury, Vermont, on I-91 in Springfield, Vermont.  A subsequent search of Trudeau and Hurst’s vehicle yielded approximately 4000 bags of heroin that later tested positive for the presence of fentanyl. 

On September 13, 2018, members of the VDTF, HSI and FBI coordinated with various agencies in the Commonwealth of Massachusetts to arrest Luis A. Rodriguez, 22, of Mt. Holyoke, Massachusetts, a suspected source of supply for heroin and fentanyl in Caledonia County.  Rodriguez was taken into custody in Northampton, Massachusetts and was found to be in possession of approximately 5000 bags of a substance that later tested positive for the presence of fentanyl.  Subsequent investigation revealed that Rodriguez had an additional 4,880 bags of heroin/fentanyl at his residence in Holyoke. 

As a result of this joint investigation, approximately 14,000 bags of suspected heroin/fentanyl were seized, with an estimated street value of approximately $95,000. The following Agencies were instrumental in this coordinated effort:  Vermont State Police, Vermont Drug Task Force, Homeland Security Investigations, Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Holyoke Police Department, Northampton Police Department, Easthampton Police Department, Massachusetts State Police, Hampden County Sheriff’s Department, Hampshire County Sheriff’s Department, Hampshire County Narcotics Task Force, and the FBI Western Massachusetts Gang Task Force. U.S. Attorney Christina Nolan praised the collaborative investigation of state and federal law enforcement in Vermont and Massachusetts.  “These seizures of the deadly drug fentanyl potentially saved thousands of Vermonters.  At the same time, our law enforcement community deprived a dangerous drug trafficking organization of nearly $100,000 in proceeds that would have been earned on the backs of the suffering addicted.  Combatting the fentanyl crisis will continue to be a top priority for the U.S. Attorney’s Office and we will work tirelessly with our partners at all levels of law enforcement and across state lines to bring justice to those who would profit hugely from the tragedy of addiction.”

“Effective coordination between federal, state, and local agencies is absolutely essential for us to identify and disrupt drug traffickers,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. “The FBI, together with our law enforcement partners, will continue to investigate and bring justice to individuals like those arrested in this case.”

Hurst and Trudeau appeared in federal court on September 7, 2018, before U.S. Magistrate Judge John M. Conroy.  Rodriguez appeared in federal court on September 14 and September 18, 2018, before U.S Magistrate Judge John M. Conroy.   All were detained pending further proceedings in this case. Assistant U.S. Attorney Andrew C. Gilman represents the United States in this matter. Lisa B. Shelkrot represents Hurst.  Mark A. Kaplan represents Trudeau.  Michael L. Desautels and David L. McColgin represents Rodriguez.   

The Office of the United States Attorney for the District of Vermont stated that Suzette Kenney, 41, of Barre, and Kim Kuncz, 49, of Montpelier, were charged on August 30, 2018 in separate indictments of multiple counts of cocaine base distribution (a.k.a. “crack cocaine”). Both women recently appeared before Magistrate Judge John M. Conroy and pled not guilty to these offenses. Magistrate Judge Conroy remanded both to the custody of the U.S. Marshals Service, though he ordered that Kuncz could be released to a residential drug treatment facility once a bed became available. Kenney has not submitted a proposal for release at this time.

The Kenney Indictment alleges that she sold cocaine base on three different occasions in June, July, and September of 2017. The Kuncz indictment alleges that she sold cocaine base on three occasions in March and April of 2018. The indictment is an accusation only and the defendant is presumed innocent unless and until proven guilty. If convicted, the actual sentences will be advised by the Federal Sentencing Guidelines. The maximum sentence for each of these charges is twenty years imprisonment, up to a $1,000,000 fine, and up to three years of supervised release, to begin after any term of imprisonment is served.

This case is being investigated by the Vermont State Police Drug Task Force and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Joe Perella. Kenney is represented by Kevin Henry, Esq. of Burlington and Kuncz is represented by Tom Sherrer, Esq., of Burlington.

The Office of the United States Attorney for the District of Vermont stated that Frank Weir, 56, of Shrewsbury, appeared in federal court today for an arraignment on a two-count indictment charging him with possessing a machine gun without a permit in February 2016. According to the government’s allegation, the firearm in question was a Thompson U.S. Navy 1928 submachine gun, .45 caliber (manufactured by Colt). The second charge alleges that this same firearm had an obliterated serial number.

Weir pleaded not guilty in federal court today before Magistrate Judge John M. Conroy, who ordered that Weir be held in the custody of the U.S. Marshals Service until trial. Until recently, Weir was in the custody of the State of Vermont pursuant to the State’s second-degree murder charge against Weir for the shooting death of Donna Marzilli on February 15, 2016. The machine gun at issue in this federal case is not alleged to be related to the State’s murder charge.

Pursuant to a plea agreement between Weir and the State of Vermont filed today, the State of Vermont dismissed, without prejudice, its charge against Weir to permit the federal charges to proceed first. Under the State plea agreement, it is contemplated that Weir will first resolve the federal case and the State will then refile its Second Degree Murder charge.

The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. Under the National Firearms Act, a person may not possess a machine gun unless it is registered to that person in the National Firearms Registration and Transfer Record. A violation carries a maximum penalty of ten years. Under the Gun Control Act, it is unlawful to possess a firearm with an obliterated serial number. This offense carries a maximum sentence of five years. If Weir is convicted, the Court would determine the actual sentence after consideration of the advisory sentencing guidelines.

This case is being investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and the Vermont State Police. The United States is represented by Assistant U.S. Attorney Joe Perella and Frank Weir is represented by Peter Langrock, Esq. of Middlebury.

The Office of the United States Attorney for the District of Vermont announced that on September 14, 2018, four Guatemalan citizens—Carlos Jose Cordova-Sanabria, Lester Ariel Morales-Moran, Elmer Estuardo Juarez-Franco, and Daniel Garcia-Cruz—were arrested and charged in connection with an alien smuggling event in the Newport, Vermont area.  The four defendants appeared today in federal court in Burlington before United States Magistrate Judge John M. Conroy and entered pleas of not guilty to the federal charges.  The Court ordered Cordova-Sanabria, Morales-Moran, and Juarez-Franco detained pending trial.  Garcia-Cruz’s detention hearing will take place on September 19.

According to the Criminal Complaint, in the early morning hours of September 13, 2018, Border Patrol Agents received information of possible illegal activity in an area east of the Beebe Plain Port of Entry in Newport, Vermont. Agents responded to the area and observed individuals walking into a wooded area. Agents later observed a vehicle arrive in the same general area. A U.S. Border Patrol Agent witnessed three individuals appear from a wooded area and enter this same vehicle.  Agents stopped the vehicle and identified the driver as Garcia-Cruz. Garcia-Cruz and the three passengers were all confirmed to be aliens without documentation allowing them to be in the United States legally.

United States Attorney Christina Nolan recognized the efforts of law enforcement on both sides of the border to address international human smuggling:  “I commend our partners in the U.S. Border Patrol for their outstanding work in stemming the flow of smuggled individuals into Vermont.  Preserving the integrity of the border will continue to be a top priority for the U.S. Attorney’s Office, and we will continue working with our partners at all levels of law enforcement in Vermont and Canada to dismantle criminal organizations that operate across our border.

The United States Attorney emphasizes that the charges are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.

The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.

For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.

The prosecutor in this case is Assistant U.S. Attorney Paul Van de Graaf. Daniel Garcia-Cruz is represented by Assistant Federal Defender David McColgin.  Robert Behrens represents Cordova-Sanabria, Morales-Moran, and Estuardo Juarez-Franco.

The Office of the United States Attorney for the District of Vermont announced that on September 13, 2018, Tyson Wells, Dara Bessette, Sierra Lacoste, Laci Baker, and Megan West, all of St. Albans, were arrested and charged with knowingly providing false information to firearms dealers in connection with the purchase of a firearm.  In total, the defendants are responsible for the purchase of approximately thirty firearms that are believed to have been smuggled into Boston, Massachusetts, in connection with criminal gang activity.

The defendants appeared today in federal court in Burlington before United States Magistrate Judge John M. Conroy and entered pleas of not guilty to the federal complaint charging them with false statements in connection with the purchase of firearms.  The defendants were ordered temporarily detained pending a detention hearing on September 17, 2018.

According to the criminal complaint, the defendants provided or helped to provide false information to gun shops; namely, information representing that they were purchasing the firearms for themselves and not for another person.  In fact, these defendants conducted “straw-purchases” of firearms in exchange for either cocaine or heroin from drug dealers operating in Saint Albans and Swanton, Vermont.  The defendants completed firearm transaction forms when purchasing the firearms in which they falsely stated that they were the actual buyers of the firearms and were not unlawful users of any controlled substances.  The gun shops that these individuals patronized in Vermont are currently licensed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives as federal firearms licensees and were not aware of the falsehoods involved in the straw-purchases. 

U.S. Attorney Christina Nolan commended the collaborative investigation of ATF and the St. Albans Police Department leading to these important arrests.  She noted, “This case highlights the commitment of the U.S. Attorney’s Office to prioritize firearms offenses.  Those who violate gun laws by diverting weapons to the black market endanger innocent citizens and empower dangerous criminals.  Federal, state, and local law enforcement will work as a team to bring consequences for such conduct, and will target such individuals for federal prosecution.”

U.S. Attorney Nolan also noted that this prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

“The straw purchasing and illegal trafficking of firearms is a serious criminal activity and often puts firearms in the hands of individuals who can’t legally purchase or possess them,” said Lawrence Panetta, Assistant Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division.  “ATF remains dedicated to identifying, investigating and arresting these individuals and making our streets and communities safer from violent firearm related acts.” 

St. Albans Chief of Police Gary Taylor added, “This case is an excellent example of municipal law enforcement working with our federal law enforcement partners to make our community and our neighbors’ community in Boston safer.”

If convicted, Wells, Bessette, Lacoste, Baker, and West each faces up to ten years of imprisonment.  The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges in the complaint are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.

The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach.  Tyson Wells is represented by the Office of the Public Defender.   Dara Bessette is represented by Richard Goldsborough.  Sierra Lacoste is represented by Richard Bothfeld.   Laci Baker is represented by Ernest Allen III.   Megan West is represented by Thomas Sherrer.  The case is currently under investigation by ATF agents in Vermont and Massachusetts and the St. Albans Police Department.

The Office of the United States Attorney for the District of Vermont stated that Brett Ferrell, 33, of New York, was sentenced today in United States District Court in Rutland for traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor.  Chief United States District Judge Geoffrey W. Crawford sentenced Ferrell to a term of 78 months of imprisonment followed by five years of supervised release.  Ferrell has been in custody since his arrest on August 30, 2016.

According to court records, in mid-August 2016, Ferrell posted ads on Craigslist seeking to meet girls under the age of 18 for the purpose of sex.  Ferrell then had a multi-day electronic message conversation with a law enforcement officer posing as a 13-year-old girl from Vermont.  During the conversation, Ferrell repeatedly stated that he wanted to have sex with the supposed 13-year-old.  Ferrell, who lived in New York, made arrangements to meet with the supposed 13-year-old at a hotel in South Burlington, Vermont.  Ferrell then made reservations at the hotel and traveled from New York to Vermont for this illicit encounter.  At the designated meeting time on the morning of August 30, 2016, Ferrell was arrested by law enforcement officers outside of the hotel.

United States Attorney Christina Nolan commended the efforts of Homeland Security Investigations, U.S. Customs and Border Protection, and the Vermont Internet Crimes Against Children Task Force (ICAC).  She noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney’s Offices, 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 identify and rescue victims.  For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Ferrell was represented by Assistant Federal Defender Elizabeth Quinn.  The government was represented by Assistant United States Attorney Nicole Cate.   

The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Salmen Hernandez-Ayala, 48, a citizen of Mexico, was sentenced today in United States District Court in Burlington for transporting three illegal aliens within the United States.  United States District Judge Christina Reiss sentenced Hernandez-Ayala to time served.  Hernandez-Ayala has been in custody since his arrest on May 17, 2018.

According to court records, Hernandez-Ayala hired a taxi in New York City and traveled in the taxi to a location near the United States / Canada border, where he picked up the three aliens and traveled south away from the border.  Shortly after 3:00 a.m. on May 17, 2018, United States Border Patrol agents stopped the taxi on U.S. Route 5 in Derby, Vermont and determined that Hernandez-Ayala, who was in the front passenger seat, and the three aliens in the rear seat were illegally present in the United States.

The three aliens were charged, convicted, and sentenced as follows:

Eliezer Esteban Gamez-Saban, 21, a citizen of Guatemala, was charged with illegal reentry into the United States after having previously been removed from the United States, a felony offense.  On June 7, 2018, he pleaded guilty and was sentenced by United States District Judge Christina Reiss to time served.

Jorge Campos-Navarro, 21, a citizen of Mexico, was charged with illegal entry into the United States, a misdemeanor offense.  On June 28, 2018, he pleaded guilty and was sentenced by United States Magistrate Judge John M. Conroy to time served.

Bryan Antonio Cruz-Salvador, 20, a citizen of Mexico, was charged with illegal entry into the United States, a misdemeanor offense.  On June 28, 2018, he pleaded guilty and was sentenced by United States Magistrate Judge John M. Conroy to time served.

The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.

For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.

Hernandez-Ayala was represented by Assistant Federal Defender Elizabeth Quinn. Gamez-Saban was represented by Thomas Sherrer.  Campos-Navarro and Cruz-Salvador were represented by Stephanie Greenlees.  Assistant U.S. Attorney Nicole Cate represented the government.

The Office of the United States Attorney for the District of Vermont stated that Betty Miller, 71, formerly of Shelburne, Vermont, was sentenced today by the Honorable Christina Reiss to a term of five years of probation, including extensive mental health treatment, following her plea to knowingly possessing ricin in violation of 18 U.S.C. §175b(c). The Court also imposed a $10,000.00 fine. Miller pled guilty in May 2018 pursuant to an agreement between the parties. Under that agreement, Miller acknowledged producing, storing and attempting to use ricin at her former senior living facility in the fall of 2017. 

U.S. Attorney Christina Nolan offered thanks to the F.B.I., Shelburne Police Department, Shelburne Fire Department, Vermont State Police, Vermont Hazardous Material Response Team, and Vermont National Guard 15 Civil Support Team for their swift and tireless efforts to ensure the safety of the community following the discovery of the ricin at issue in this case.

AUSA Eugenia A. P. Cowles appeared for the government. Ms. Miller was represented by Paul S. Volk, Esq.

The Office of the United States Attorney for the District of Vermont stated today that Alexis Vlachos, 41, of Montreal, Quebec, was sentenced today in United States District Court by Judge William K. Sessions III to 51 months imprisonment for smuggling of over 100 handguns from Vermont to Quebec. Vlachos previously pled guilty to conspiring to export, and actually exporting, firearms from the United States to Canada, without a license, in violation of the Arms Control Export Act.

As part of his guilty plea, Vlachos agreed to the following facts: From July 2010 to April 2011, Vlachos and other persons, including defendants Annette Wexler and Jaime Ruiz, executed a plan to smuggle over 100 handguns, purchased in Florida, to Quebec, Canada, by way of northern Vermont and northeast New York. As part of this conspiracy, Annette Wexler and another coconspirator purchased these handguns from multiple federally licensed firearms dealers in the Tampa, Florida area. At the time of purchasing these firearms at the gun stores, Wexler and a coconspirator made multiple misrepresentations about the nature of these purchases on forms required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
 
After purchasing these firearms, Annette Wexler, Jaime Ruiz, and another coconspirator transported these firearms to Quebec through northeastern Vermont and northeastern New York. As part of the conspiracy, Vlachos would usually take custody of the firearms in Quebec, where he sold many of them.

Some of the firearms smuggled into Quebec were first brought to the Haskell Free Library in Derby Line, Vermont by Annette Wexler and Jaime Ruiz. The Haskell Free Library building straddles the international border of Derby Line, Vermont and Stanstead, Quebec.

On at least two occasions, in about March of 2011, Annette Wexler and Jaime Ruiz worked together to stash several firearms contained in small backpacks inside the trashcan of the library bathroom. Wexler then coordinated with Vlachos, who had entered the library from Quebec, to retrieve the firearms from the bathroom. Vlachos then transported the firearms to Quebec, where he sold many of them.

In April 2011, a coconspirator in Florida purchased thirty-four firearms from a federally licensed firearms dealer in the Tampa, Florida area. Vlachos and Wexler then drove these guns to a remote section of northeastern Vermont near Lake Wallace. Vlachos hiked these firearms across the international border into Quebec.

This conspiracy involved the smuggling of at least 104 handguns from the United States to Canada. Neither Vlachos, nor any of the others involved in these offenses, obtained a license from the United States Department of State prior to exporting these handguns to Canada. 

Annette Wexler previously pled guilty to conspiring to make false statements to licensed gun dealers and unlawful exportation. On July 25, 2017, United States District Judge J. Garvan Murtha sentenced Wexler to time-served and two years of supervised release. Ruiz also pled guilty to two offenses relating to this smuggling conspiracy but, due to his death by illness, the charges against him were dismissed.
 
Vlachos was originally charged with these offenses in January 2015 but the process of extraditing him to the United States took over two years to complete. Vlachos faced a maximum possible term of imprisonment of twenty years.

U.S. Attorney Christina E. Nolan praised the multiagency investigation that led to the conviction of Vlachos.  She stated:  “Because Canadian and U.S. law enforcement agencies joined forces to conduct a thorough investigation and secure this conviction, a dangerous gun trafficker with a long criminal history is off the street and innocent Canadians and Americans are safer.  This is an outstanding example of how we work as a cross-border law enforcement community with our partners in Quebec and support each other as we strive to secure justice and safer communities for our citizens.” 

“Swanton Sector Border Patrol depends on the close and continued collaboration with our federal, state, local, tribal and international law enforcement partners to accomplish its mission to secure the border,” said Swanton Sector Acting Chief Patrol Agent Robert Garcia.  “The country and border community is a safer place thanks to the hard work of all the partner agencies involved in this investigation.”

“Homeland Security Investigations is proud to stand with our domestic and foreign law enforcement partners in stemming the flow of cross-border arms trafficking,” said Peter C. Fitzhugh Special Agent in Charge, Homeland Security Investigations (HSI) Boston. “This investigation and the resulting prison sentence should be a clear indication of HSI’s commitment to disrupting and dismantling Transnational Criminal Organizations, both domestic and abroad.”
 
This case is being prosecuted by Assistant U.S. Attorney Joseph Perella. Vlachos is represented by Paul Volk, Esq. of Burlington. This case was jointly investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Border Patrol. In addition, the Royal Canadian Mounted Police and the Surete du Quebec provided assistance in this investigation.

The Office of the United States Attorney for the District of Vermont stated that two Nigerian men were sentenced by Chief United States District Judge Geoffrey Crawford for their role in a conspiracy to steal personal financial information from employees of local governments, including the State of Vermont.  Earlier this month, Eneye Dania, 31, of Nigeria was sentenced to a 17-month term of imprisonment, and Osariemen Isibor, 32, was sentenced to approximately 14 months he had spent in custody prior to his sentencing.  Following the completion of their sentences, both men are expected to be removed from the United States and returned to Nigeria.

The conspiracy involved sending employees of local governments, colleges, and universities, "spearphishing" emails designed to look like they were sent by the employer's human resources departments.  The emails advised the employee to click on a link to log into the employer's human resources webpage in order to access payroll and tax withholding data.  Rather than connecting the employee to the employer's HR webpage, however, the employee was sent to a page operated by members of the conspiracy.  When employees attempted to log on with their usernames and passwords, those log on credentials were captured by members of the conspiracy.  Using those credentials, members of the conspiracy accessed the employees' real data, and attempted to file fake tax returns on behalf of the employee, with the hope of receiving a fraudulent tax refund.   The IRS detected most of the fraudulent tax filings before refunds issued. 

In Court filings, the United States Attorney emphasized that both men participated in the crime while more than 5,000 miles away, in Nigeria, then traveled to the United States after participating in this scheme, apparently unaware that the Federal Bureau of Investigation Cyber Agents were on their case. 

The case was investigated by Vermont-based cyber agents of the FBI Albany Cyber Task Force, and the Criminal Investigations division of the Internal Revenue Service, also located in Vermont. 

Assistant United States Attorney Michael Drescher was the prosecutor.  Dania was represented by Robert Sussman, Esq.  Isibor was represented by Paul Volk, Esq.

The Office of the United States Attorney for the District of Vermont stated that Michael Bernier, age 34, from East Montpelier, Vermont, pleaded not guilty today to firearms charges before United States Magistrate Judge John M. Conroy in Burlington.  A federal grand jury returned an indictment charging Bernier with possession of firearms while being an unlawful user of heroin and cocaine base and making false statements regarding his drug use when purchasing the firearms.  Magistrate Judge Conroy has ordered Bernier detained pending trial.

According to court records, Bernier purchased two of the same type of make, model, and caliber semi-automatic pistols from R&L Archery in Barre, Vermont over the course of two days on June 22 and 23, 2018.  The make and model that Bernier purchased are commonly used by firearm traffickers in the area.  When agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives contacted Bernier about the purchases days later, Bernier told them that the firearms had been stolen out of his vehicle.  Investigation has revealed that Bernier was a user of heroin and cocaine base at the time of the purchases.

The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. If he is convicted, Bernier faces a maximum possible term of imprisonment of ten years.  The actual sentence would be determined with reference to the federal sentencing guidelines.

In addition to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Attorney’s Office lauded the work of the Montpelier Police Department in assisting with the case.  The United States is represented by Assistant U.S. Attorney Nicole Cate.  Bernier is represented by Kevin Henry, Esq.

U.S. Attorney Christina Nolan noted that this prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.