District of Vermont

The Office of the United States Attorney for the District of Vermont stated that today Richard Monroe, age 26, was sentenced to serve 25 years in prison in United States District Court in Rutland, Vermont, for possessing firearms in furtherance of his cocaine trafficking and discharging a handgun and killing Kevin DeOliveira on January 2, 2015. At the time of his death, DeOliveira was 23 years old and enrolled at the University of Vermont. In April, Monroe pleaded guilty to two federal crimes in front of Chief Judge Geoffrey Crawford. He admitted to conspiring with Zachery Hust and others to distribute over 500 grams of cocaine during the second half of 2014. He also pleaded guilty to a firearms charge that he carried, used and possessed firearms during, and in furtherance of, the cocaine conspiracy, and, in particular, that he discharged a handgun on January 2, 2015, resulting in the death of Kevin DeOliveira.

In court, Monroe admitted participating in the cocaine conspiracy. During 2014, Monroe regularly obtained quantities of cocaine from DeOliveira and redistributed part of that cocaine to various customers in the Burlington area. In late 2014, Hust joined the conspiracy. For example, Hust and Monroe planned to obtain a kilogram of cocaine to sell to a marijuana customer of Hust, though that deal never came to fruition. During 2014, the conspiracy involved well over 500 grams of cocaine.

Monroe also acknowledged carrying, using, and possessing firearms in furtherance of this cocaine conspiracy. In 2014, the defendant possessed several firearms, including two handguns, a Glock and a Browning Buckmark .22. He regularly carried the Glock or displayed it in his residence when distributing cocaine. Monroe also admitted shooting DeOliveira and killing him on January 2, 2015. In late 2014, Monroe had a financial dispute with DeOliveira over several ounces of cocaine that had been damaged. DeOliveira claimed that the defendant owed him several thousand dollars for the cocaine. Monroe disputed this debt. On the morning of January 2, 2015, Monroe approached the door of DeOliveira's residence at 58 Green Street in Burlington. When DeOliveira opened the door of his apartment, the defendant discharged his Browning Buckmark .22 pistol, firing one bullet into DeOliveira’s eye. This shot killed Kevin DeOliveira.

U.S. Attorney Christina Nolan stated: “we commend our law enforcement partners in the Burlington Police Department and ATF for their collaboration and dogged investigation, which resulted in justice for Kevin DeOliveira and his devoted family. We know they continue to grieve, but we hope today’s significant sentence gives them some peace and an opportunity to move forward. This was a senseless crime of terrible violence that rocked the Burlington community. We hope the resolution of this case will be a signal to that community and the entire state that the U.S. Attorney’s Office and its partners at all levels will not tolerate violence in connection with the drug trade or in any other context, and that we will always join together to rectify this form of injustice and keep our communities safe. We also thank the Chittenden County State’s Attorney’s Office for its early assistance with this important case.”

The charges Monroe pleaded guilty to carry a mandatory minimum of 15 years, with a maximum sentence of life. Monroe, however, pleaded guilty pursuant to a binding plea agreement in which the parties agreed to a sentence of 25 years in prison. Today, the court accepted the plea agreement after a hearing before the court where both Monroe and Kevin’s mother addressed Chief Judge Crawford. Monroe has been detained since his arrest on June 12, 2017.

“Richard Monroe murdered Kevin DeOliveira in 2015. Proving this beyond a reasonable doubt and holding him accountable for this killing was not a simple matter, but that is why the men and women of the United States Attorney's Office and the Burlington Police Department are relentless in seeking justice for the crime victims in our city," said Brandon del Pozo, the Chief of Police of Burlington, Vermont. "Monroe's sentencing today will not bring Kevin back, but it will remind those who loved him that we did not forget that the government had a duty to hold his assailant responsible. And so he will be."

“Today’s sentencing demonstrates ATF’s commitment to targeting violent criminals who possess firearms in furtherance of narcotics trafficking”, said Mickey Leadingham, ATF Special Agent in Charge Field of the Boston Field Division. “Additionally, ATF’s forensic laboratory played a pivotal role in this investigation as they did specialized ballistic comparisons to the recovered firearm. ATF will continue to collaborate with our law enforcement partners to eliminate these type of crimes and keep our communities safe.”

The arrest of Monroe was the culmination of a multi-agency investigation that began in early 2015. The collaborative effort was led by the Burlington Police Department and the Bureau of Alcohol, Tobacco, and Firearms. United States Attorney Christina E. Nolan and Assistant United States Attorney Paul J. Van de Graaf prosecuted the case. Monroe is represented by Attorneys Mark Kaplan and Natasha Sen.

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 Michael Bickford, age 38, formerly of Perkinsville, Vermont, was sentenced on August 6, 2018 in the United States District Court in Burlington on charges stemming from the December 5, 2016 armed robbery of the River Street Pharmacy in Springfield, Vermont.  Bickford also admitted to committing the armed robberies of the Windsor County South Credit Union in Springfield, Vermont on October 18, 2016 and the Mascoma Savings Bank in Springfield, Vermont on November 10, 2016.  United States District Judge Christina Reiss sentenced Bickford to 92 months of imprisonment, followed by three years of supervised release.  Bickford was also ordered to pay $230.71 in restitution to the River Street Pharmacy. 

As described in court records, at about 8:30 a.m. on December 5, 2016, Bickford entered the River Street Pharmacy located at 100 River Street in Springfield, Vermont armed with a pistol and wearing a dark-colored mask.  Bickford approached the counter, pointed the pistol at a pharmacy employee’s midsection, and demanded prescription medications.  While the first employee went to get prescription medications, Bickford pointed the pistol at a second employee.  After the first employee gave Bickford the prescription medications, Bickford fled the pharmacy.  Later that day, as law enforcement tried to confront Bickford, Bickford drove off at high speed and fled from police.  Later that day, after an armed standoff with police, law enforcement arrested Bickford and found the loaded pistol in his vehicle, along with the prescription medications and pill bottles stolen from the River Street Pharmacy.

Also as described in court records, Bickford admitted that on October 18, 2016, he robbed the Windsor County South Credit Union located at 383 River Street in Springfield, Vermont.  During this robbery, Bickford was armed with a handgun and unlawfully took about $3,324.  Bickford also stole the keys to a vehicle from a credit union employee.  Bickford further admitted that on November 10, 2016, he robbed the Mascoma Savings Bank located at 270 River Street in Springfield, Vermont.  During this robbery, Bickford was armed with a handgun and unlawfully took about $12,000.  Bickford also stole a truck from one of the bank employees.

The case was investigated by the Springfield, Vermont Police Department, the Weathersfield, Vermont Police Department, the Windsor County Sheriff’s Department, the Vermont State Police, and the Federal Bureau of Investigation.  The Windsor County State’s Attorney’s Office also assisted in the investigation.  “We thank our partners at the U.S. Attorney's Office for removing this individual from our streets.  Today Windsor County is a safer place,” said David J. Cahill, Windsor County State’s Attorney.

U.S. Attorney Christina Nolan added: “This case exemplifies our ongoing initiative to come together at all levels of law enforcement to combat violence in Vermont.  Bickford’s crime is among the most egregious we see in federal court.  He put our brave police officers and law abiding, hardworking Vermonters at great risk of death or serious bodily injury.  This is intolerable, and we will continue to collaborate to bring justice to violent offenders, particularly those who use firearms.” 

Bickford is represented by Jordana Levine of Marsicovetere & Levine Law Group, P.C.  The United States is represented by Assistant United States Attorney John J. Boscia.

The Office of the United States Attorney for the District of Vermont stated today that Megan Harpp, 26, of Rutland, was sentenced by U.S. District Court Judge Geoffrey Crawford to 24 months imprisonment. Harpp previously pled guilty to conspiracy to distribute heroin. Judge Crawford also sentenced Harpp to three years of supervised release, which will begin when Harpp is released from jail.

According to Court records, on April 14, 2016, Louis Tobin and Megan Harpp were stopped by the Vermont State Police on Route 103 in Rutland County. Tobin had a bag in the car, which contained approximately 2,050 bags of heroin. Tobin also possessed about 37 bags of heroin on his person along with $1,735 in cash. Both Tobin and Harpp were returning from Chicopee, Massachusetts, where they purchased the heroin. They had intended to return to the Rutland area, where they would sell the heroin. Both Harpp and Tobin were arrested and indicted for conspiracy to distribute heroin by the federal grand jury sitting in Rutland. Louis Tobin, formally of both Rutland and Bennington, Vermont, was previously sentenced by U.S. District Court Judge Geoffrey Crawford to 48 months imprisonment.

After Harpp’s arrest in April 2016, she was released on conditions pending trial but failed to appear at a subsequent proceeding. Harpp was a fugitive for more than a year before she was arrested in the New York City area in December 2017.

This case was investigated by the Vermont State Police Drug Task Force and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Joseph Perella. Megan Harpp is represented by Steven Barth of the Federal Public Defenders Office. Tobin was represented by Michael Shklar, Esq., of Newport, Vermont.

The United States Attorney for the District of Vermont announced that Katie Stygles, 29, of Piermont, New Hampshire, was sentenced today in United States District Court in Rutland to five years of probation following her guilty plea to a charge of credit card fraud.  Chief U.S. District Judge Geoffrey Crawford also ordered that Stygles pay restitution totaling $71,583. 

On September 28, 2017, a federal grand jury in Burlington returned a two-count indictment charging Stygles with wire fraud and access device fraud.  According to the indictment, Stygles began working for ARC Mechanical Contractors in Bradford, Vermont in 2010.  In February 2016, she was promoted to the position of office manager.  In that job, Stygles had access to the company credit card number, which she used to order supplies.

According to the indictment, beginning in August 2016 and continuing through early May 2017 when she was fired, Stygles used the ARC Mechanical credit card about 130 times to purchase tack, barn supplies and equine, canine and livestock products for KMS Stables, a business that Stygles owned.  She ordered the products from a vendor in Ohio using ARC Mechanical’s telephones and computers.  During this time period, Stygles also diverted customer payments that were intended for ARC Mechanical into a Pay-Pal account for KMS Stables, and used ARC Mechanical’s United Parcel Service account to pay for goods she was shipping to customers of KMS Stables. 

The indictment charges that the total fraud amounted to more than $70,000.

This case was investigated by the Bradford Police Department and the United States Secret Service.

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

The Office of the United States Attorney for the District of Vermont announced that Bhaskar Patel, 67, of Windermere, Florida, appeared today in federal district court in Rutland to answer to charges that, while employed by Schneider Electric Building Americas, he unlawfully solicited and accepted $2,536,119.19 in bribes and kickbacks associated with federal energy savings performance contracts (“ESPCs”) issued to Schneider Electric by various federal agencies.  The Information filed in the case covers the time-period between June 6, 2011 and April 19, 2016.  Chief District Court Judge Geoffrey W. Crawford accepted Patel’s guilty plea to both of the counts charged in the Information and released Patel on conditions.  Judge Crawford ordered Patel to be back in U.S. District Court on December 7, 2018 for sentencing. 

According to court documents, law enforcement initially received information that Patel had altered and falsified a bid document submitted to Schneider Electric by a Vermont subcontractor.  That subcontractor was bidding for work on an ESPC at the United States Department of Veterans Affairs, White River Junction, Vermont Medical Center (“VA-WRJ”).  Patel selected a different subcontractor to work on Schneider’s project, and – in order to cover his tracks – falsified the losing local bid.  From there, investigators uncovered a wide-ranging scheme to defraud the federal government, whereby Patel received in excess of $2.5 million in illegal bribes and kickbacks in exchange for awarding a piece of Schneider Electric’s enormous federal contracts to subcontractors who agreed to pay bribes and kickbacks for the work.  Patel directed the subcontractors to pay him by check, often diverting funds through his adult son and daughter, and insisting on a bogus reference notation.

For each contract named in the Information, Patel, a Senior Project Manager, was authorized and directed by Schneider Electric to obtain bids from subcontractors and recommend for selection the subcontractors that would be awarded a contract under an ESPC. 

According to the Information, Patel accepted illegal kickbacks and bribes in connection with a $70 million project for the United States Coast Guard (“USCG”) in Aguadilla, Puerto Rico; a $24.7 million project for the United States Department of Agriculture (“USDA”) in Albany, California; a $12.6 million project for the United States General Services Administration (“GSA”) in St. Croix, U.S. Virgin Islands; a $21.8 million project for GSA in San Juan, Puerto Rico and St. Thomas, U.S. Virgin Islands; a proposed project of $42.4 million for work on the VA medical centers in Vermont, Massachusetts, Rhode Island, and Maine; and a $114.3 million project for the U.S. Navy for work on the Naval base in Coronado, California.

Patel pleaded guilty to one count of accepting illegal kickbacks in connection with federal contracts, a violation of 41 U.S.C. §§ 8702 and 8707, and one count of accepting bribes in connection with federal contracts, a violation of 18 U.S.C. § 666.  Patel faces up to ten years of imprisonment, followed by up to three years of supervised release, on each of the counts of conviction.  Patel further faces a fine of up to $5,072,238.38, or twice his ill-gotten gains.  The actual sentence, however, will be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.  The government also filed a Notice of Forfeiture in the amount of $2,536,119.19, which Patel agreed to as part of his guilty plea.  As part of his negotiated plea with the government, the government agreed to reduce the forfeiture from $2.5 million to $1.75 million if Patel pays $950,000 in forfeiture on or before his sentencing date.

United States Attorney Christina E. Nolan commended the collaborative investigative efforts of the VA Office of Inspector General, the GSA Office of Inspector General, the Naval Criminal Investigative Service, the USDA Office of Inspector General, and the Coast Guard Investigative Service, stating: “This important conviction results from a team effort by talented law enforcement officers from a cross-section of government agencies.  Patel’s crime involved a sweeping fraud that harmed many federal agencies and the American citizens and government employees who depend upon them.  The U.S. Attorney’s Office is committed to continuing to collaborate with our law enforcement partners in all agencies to combat large-scale financial fraud and guard against misuse, diversion, and theft of taxpayer dollars.  Unmasking and combatting crimes of greed will remain a top priority of the USAO.  I also commend the talented AUSAs in the district of Vermont who worked with law enforcement over the course of a lengthy investigation to achieve justice in this complex case.  Our skilled prosecutors will remain focused and relentless in their pursuit of justice in complex fraud cases, in collaboration with our agency partners.”

“Federal energy savings performance contracts are intended to save VA money.  Bribery and other corrupt acts by contractors instead divert and waste precious dollars intended for our nation’s veterans,” said VA-OIG Special Agent-in-Charge Sean J. Smith.  “The VA Office of Inspector General will continue to work with our partners in the law enforcement community to prevent this type of fraud and hold any wrongdoers accountable.”

USDA-OIG Special Agent-in-Charge Bethanne M. Dinkins commented, “We appreciate the commitment of the U.S. Attorney’s Office and the cooperative efforts of our law enforcement partners throughout this significant investigation.  Mr. Patel’s guilty plea sends a strong message regarding the benefit of working across agency lines to protect the integrity of the procurement process throughout Government.  The USDA Office of Inspector General will continue to dedicate resources to investigate those who unlawfully solicit and accept bribes and kickbacks involving USDA contracts.”

CGIS Special Agent in Charge Art Walker stated, “The Coast Guard Investigative Service is committed to protecting Coast Guard assets, personnel, and operations worldwide.  CGIS Special Agents from the Major Procurement Fraud Division coordinated with federal law enforcement partners to uncover this massive scheme that defrauded the U.S. Government.”

“The GSA Office of Inspector General will continue to aggressively investigate GSA contractors who engage in bribery and kickback schemes at the expense of the government,” added Special Agent in Charge, Luis Hernandez.

NCIS Northeast Field Office Special Agent in Charge Leo S. Lamont stated, “Fraud is never a victimless crime. In this case involving bribery and kickbacks related to the mischarging of the Navy for services and construction, the victims are not just our men and women in uniform, but all American taxpayers. NCIS will continue to tirelessly pursue all those who seek to take advantage of the Department of the Navy and its interests while keeping the procurement system fair and honest.”

The United States is represented in this matter by Assistant U.S. Attorneys Abigail Averbach, Owen Foster, and Paul van de Graaf.  Bhaskar Patel is represented by David Haas, Esq., of Haas Law in Orlando, Florida; and Heather Ross, Esq., of Sheehey, Furlong & Behm PC in Burlington, Vermont.

The United States Attorney’s Office and the Swanton Sector of the United States Border Patrol announce that Jose Moreira de Sousa, 51, a naturalized U.S. citizen who lives in Newark, N.J., was sentenced today in United States District Court in Burlington to one-year of probation following his guilty plea to a charge that he transported two illegal aliens within the United States.  U.S. District Judge Christina Reiss also fined Moreira de Sousa $1000 and ordered him to pay special assessments totaling an additional $5100. 

According to court records, on the morning of October 17, 2017, a concerned citizen notified agents at the Beecher Falls Border Patrol station that a suspicious person driving an Audi with New Jersey license plates was at a cabin literally feet from the U.S. – Canadian border.  Agents learned that the car was driven by Moreira de Sousa and that he had entered the United States from Canada earlier that day. 

Agents surveilled Moreira de Sousa, who appeared to be alone, in the vicinity of the cabin and followed him to a local restaurant, where he bought coffee and muffins for three persons.  He then returned to the cabin.  Shortly thereafter, Moreira de Sousa and two other men emerged from the cabin and got into the defendant’s Audi.  Agents followed the car as it drove away.  When the vehicle pulled to the side of the road, agents approached, determined that Moreira de Sousa was a U.S. citizen and that the two occupants were Portuguese nationals who had walked across the border, with Moreira de Sousa’s assistance, a few hours before.  Neither alien had permission to enter the United States. 

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.

Moreira De Sousa was represented by Douglas Kallen.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Tammy Wilder, age 47, formerly of Barre, Vermont was sentenced on July 30, 2018, on a charge of conspiracy to commit robbery stemming from the fatal arson that occurred in Northfield, Vermont in December 2015.  She was also sentenced for her role in making a place available for storing, distributing, and using controlled substances in 2014.  United States District Judge Christina Reiss sentenced Wilder to a 15-year term of incarceration, followed by three years of supervised release.  Wilder was also ordered to pay restitution to the victims of her offenses in the amount of $620,025.92.

As described in court records, in the fall of 2015, Howard Hoisington, Jonathan Zampieri, Tammy Wilder, Kevin Atwood, and Kim Hoisington committed a series of robberies of drug dealers in the Washington County area of Vermont.  Some of these robberies involved a scheme of dousing a person selling drugs with gasoline and threatening them with a lighter to rob them of their drugs.  The last of these robberies resulted in a fire that destroyed a building in Northfield and killed innocent bystander Brittany Burt. 

On December 14, 2015, Howard Hoisington, Zampieri, Tammy Wilder, Kim Hoisington, and Amanda Wilder drove in Zampieri’s vehicle to pick up Atwood in Montpelier.  They all drove to the Cumberland Farms in Northfield where Zampieri filled two mason jars with gasoline.  From there, the group drove to the apartment of Efren Serrano on Union Street in Northfield, Vermont, from whom they had arranged to purchase crack cocaine.  Zampieri, Howard Hoisington, and Atwood went to Serrano’s apartment and kicked in the front door.  They found Serrano and Serrano’s girlfriend, Brittany Burt, in the bedroom.  Serrano and Burt were doused with gasoline and the men demanded Serrano’s drugs.  When Serrano did not respond, Zampieri pulled out a lighter. The lighter went off, igniting the gasoline vapors and causing the room to burst into flames.  Zampieri, Howard Hoisington, and Atwood fled the building.  At some point, Serrano was able to run from the building on fire.  Serrano sustained life threatening injuries, but he survived.  Brittany Burt could not escape the building.  She died on the bedroom floor.

Tammy Wilder’s co-defendants, Howard Hoisington, Jonathan Zampieri, Kim Hoisington, and Richard Hoisington, have all pleaded guilty to various charges.  Howard Hoisington was sentenced to 24 years in prison for his role in the fatal arson.  Richard Hoisington was sentenced to 13 months of imprisonment for conspiring to distribute controlled substances.  The other co-defendants await sentencing.

This case provides an example of the United States Attorney’s Office Violent Crime Initiative, aimed at pursuing federal prosecutions involving the intersection of drug trafficking and violence.  United States Attorney Christina Nolan commended the efforts of Vermont State Police, Vermont Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Northfield Police Department, Barre City Police Department, and Berlin Police Department.  The United States Attorney’s Office worked in partnership with the Washington County State’s Attorney’s Office to investigate and resolve this important matter.

United States Attorney Nolan added, “To describe this crime as senseless and abhorrent would be an understatement.  It is a stark example of the horrific violence that too often arises from the trafficking of crack cocaine and other dangerous drugs.  Federal prosecutors will work tirelessly with our federal, state, and local law enforcement partners to demonstrate zero tolerance for crimes of such depravity.  Resolution and justice for the victims and their families was achieved through the collaborative efforts of our federal, state, and local investigators, and through the teamwork of state and federal prosecutors.  We will continue to come together to achieve justice for victims, and peace and security for Vermonters.  There is no place for such horrific violence in our state and our charging priorities will so reflect.”

ATF Assistant Special Agent in Charge Lawrence Panetta said, “Arson is a crime of extreme violence that puts the lives of the public and first responders in grave danger.  ATF is committed with our local, state, and federal public safety partners to ensure our communities remain free from the dangerous acts arsonists commit and utilize all the necessary resources to bring these individuals to justice.”

“Tammy Wilder’s sentencing brings this case one step closer to resolution for the Burt family and the other victims of these crimes,” added Lieutenant Todd Baxter of the Vermont State Police.  “VSP remains committed to preventing and investigating violent crime throughout the State of Vermont, and bringing those who commit violent crimes to justice.” 

Tammy Wilder is represented by Ian Carleton and Kevin Lumpkin of Sheehy, Furlong & Behm P.C.  The United States is represented by AUSAs Paul Van de Graaf and John Boscia. 

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 John Chinnici, 33, of Bennington, Vermont, was convicted on July 27, 2018, in United States District Court in Burlington, Vermont, following a jury trial.  U.S. District Judge Christina Reiss ordered Chinnici to remain in custody after the jury returned its verdict.

According to court records and proceedings, on January 11, 2016, at approximately 12:30 am, two masked men, one of whom carried a handgun, approached two employees of the Martin’s Mobil Mini-Mart in Bennington, Vermont as the employees walked to deposit the store’s night receipts at the drop box of a nearby bank.  After demanding the employees hand over the bag containing the money, the robbers ordered the men to lie on the ground.  The robbers then ran away.  The employees returned to the store and called 911.

Through investigation, the Bennington Police Department determined that Austin Mayhew, 29, of Bennington, was one of the robbers.  Mayhew identified Chinnici as the man who committed the robbery with him and as the person who carried the handgun.  When interviewed by law enforcement, Chinnici claimed that he was not in Bennington on the night of the robbery; he claimed that he spent the night in East Dover at the home of friends.

Mayhew eventually pleaded guilty in Vermont state court to committing the robbery.  He testified at Chinnici’s trial pursuant to a court-ordered grant of immunity.  In addition to Mayhew’s testimony, the government presented evidence which rebutted Chinnici’s false alibi.  The government also presented evidence from Chinnici’s cell phone, including evidence that his cell phone was in Bennington at the time of the robbery, not in East Dover, texts he exchanged with a former-girlfriend which detailed that he came into money during the night of the robbery, and photos of receipts showing that he sent the former girlfriend nearly $1,000 in the days following the robbery.

United States Attorney Christina E. Nolan commended the efforts of the ATF and the Bennington Police Department in the investigation and prosecution of Chinnici.  The prosecution of  Chinnici was handled by Assistant U.S. Attorneys Barbara A. Masterson and Joseph R. Perella.  Chinnici was represented by Ernest (Bud) Allen. 

Chinnici faces a sentence of up to 20 years incarceration, followed by a period of supervised release, restitution, a possible fine, and a mandatory special assessment.  Chinnici’s sentence will be determined by the sentencing judge after consultation with the United States Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553(a). 

The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Zein Diaz-Ventura, 27, a citizen of Mexico, was convicted and sentenced today in United States District Court in Rutland for reentering the United States after having previously been removed from the country.  United States District Court Chief Judge Geoffrey W. Crawford sentenced Diaz-Ventura to time served.  Diaz-Ventura has been held without bail since his arrest on May 11, 2018.  Custody of Diaz-Ventura will be transferred from the United States Marshal’s Service to the Department of Homeland Security for removal proceedings.

According to court records, Diaz-Ventura was the passenger in a vehicle with license plates “not on file” traveling on State Route 105 in Richford, Vermont in the evening on May 11, 2018.  U.S. Border Patrol pulled over the vehicle and subsequently determined that Diaz-Ventura has two prior 2012 misdemeanor convictions for illegal entry into the United States and has been removed from the United States on three occasions.  In addition, Diaz-Ventura was convicted of misdemeanor battery (domestic violence) in Florida in 2012.

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.

Diaz-Ventura is represented by Assistant Federal Defender David McColgin. The prosecutor is Assistant U.S. Attorney Nicole Cate.

The United States Attorney’s Office announces that Francisco Ramirez-Espinosa, 29, a citizen of Mexico, appeared Friday in United States District Court in Burlington on a charge that he transported four illegal aliens within the United States. U.S. Magistrate Judge John M. Conroy ordered that Ramirez-Espinosa be temporarily detained.

According to the criminal complaint, on the evening of July 12, 2018, Agents from the Swanton Border Patrol Station encountered Ramirez-Espinosa driving a car with New Jersey license plates near the Highgate Springs Port of Entry. The four passengers in the vehicle and the defendant are citizens of Mexico who have no immigration status in the United States.

The United States Attorney emphasizes that the charge in the complaint is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty. If convicted, the defendant faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.

Ramirez-Espinosa is represented by David McColgin of the Office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Abigail Averbach.

The United States Attorney for the District of Vermont announced that Courtney Hallstrom, 23, of Northfield, pleaded not guilty today in United States District Court in Burlington to a charge that she made materially false statements in connection with her purchase of a firearm. U.S. Magistrate Judge John M. Conroy ordered that Hallstrom be detained pending a July 18 bail hearing.

On July 12, 2018, a federal grand jury returned a one-count indictment accusing Hallstrom of making two false statements during her purchase of a .380 caliber semi-automatic pistol from a licensed firearms dealer on May 15, 2018. According to the indictment, Hallstrom falsely swore on the Firearms Transaction Record that she was the actual purchaser of the gun, that is, she was not buying the gun on another person’s behalf. Hallstrom allegedly also falsely claimed that she was not an unlawful user of narcotics. In fact, according to court records, it is alleged that Hallstrom traded the gun to a convicted felon in exchange for a gram of crack cocaine.

The United States Attorney emphasizes that the indictment is merely an accusation and that Hallstrom is presumed innocent unless and until she is proven guilty.  

WASHINGTON - Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced today the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS announced today that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse.

Attorney General Sessions and Secretary Azar were joined in the announcement by Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Deputy Director David L. Bowdich of the FBI, Assistant Administrator John Martin of the Drug Enforcement Administration (DEA), Deputy Inspector General Gary Cantrell of the HHS Office of Inspector General (OIG), Deputy Chief Eric Hylton of IRS Criminal Investigation (CI), Centers for Medicare and Medicaid Services (CMS) Deputy Administrator and Director of the Center for Program Integrity Alec Alexander and Director Dermot F. O’Reilly of the Defense Criminal Investigative Service (DCIS).

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and State Medicaid Fraud Control Units.

The charges announced today aggressively target schemes billing Medicare, Medicaid, TRICARE (a health insurance program for members and veterans of the armed forces and their families), and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.

“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”

“Every dollar recovered in this year’s operation represents not just a taxpayer’s hard-earned money—it’s a dollar that can go toward providing healthcare for Americans in need,” said HHS Secretary Azar. “This year’s Takedown Day is a significant accomplishment for the American people, and every public servant involved should be proud of their work.”

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

In connection with the national healthcare fraud takedown, the Office of the United States Attorney for the District of Vermont announced that Jennifer Stocker, 41, of New Haven, Vermont, was charged this week. On June 26, 2018, the government filed a criminal information charging Stocker with making false statements in applications for benefits funded with monies including from the U.S. Department of Health and Human Services. The charge stems from multiple applications that Stocker submitted between March 2014 and December 2015 for child care, health care, and other benefits in which Stocker falsely concealed the fact that she was married. In a plea agreement also filed June 26, 2018, Stocker has agreed to plead guilty and pay restitution totaling $139,597.35. As part of the plea agreement, the parties have agreed to jointly recommend a sentence of a five year term of probation.

The United States Attorney emphasized that the charges in the information are merely accusations and that the defendant is presumed innocent unless and until she is proven guilty. If convicted, Stocker faces up to five years’ imprisonment and a fine of up to $250,000. The actual sentence would be determined by the judge overseeing the case with reference to federal sentencing guidelines.

The Department of Health and Human Services Office of Inspector General and the State of Vermont, Program Integrity Units for the Child Development Division, Economic Services Division, and the Office of Vermont Health Access investigated Stocker’s actions. Stocker is represented by Assistant Federal Public Defender Elizabeth Quinn. The prosecutor is Assistant U.S. Attorney Nicole Cate.

U.S. Attorney Christina Nolan praised the federal and state investigative partners for their diligent and thorough investigation of Stocker’s fraud. “We will continue to prioritize prosecution of those who fraudulently obtain public funds, working with our outstanding federal and state investigative partners. The U.S. Attorney’s Office is committed to deploying civil and criminal resources to protect taxpayer dollars and bring justice to those who steal from the treasury.”

“Those who engage in health care fraud are exploiting programs that provide care for millions of Americans,” said Phillip M. Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services Office of Inspector General. “This takedown sends a clear message that we will aggressively pursue criminals to ensure they are held accountable for their actions.”

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in 10 locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,700 defendants who collectively have falsely billed the Medicare program for over $14 billion.

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

WASHINGTON - Today, the Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Secret Service (USSS), the U.S. Postal Inspection Service (USPIS) and the U.S. Drug Enforcement Administration (DEA), announced the results of a year-long, coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the Darknet. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on Darknet market sites, exchanging U.S. currency for virtual currency. Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets, that lead to the arrest and impending prosecution of more than 35 Darknet vendors.

These results were announced by Deputy Attorney General Rod J. Rosenstein, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Special Agent-in-Charge Angel M. Melendez of HSI New York Field Office, Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service (USPIS) New York Division, Assistant Director Kenneth Jenkins of the U.S. Secret Service (USSS) Office of Investigations, and Special Agent in Charge James J. Hunt of the U.S. Drug Enforcement Administration (DEA) New York Division.

“Criminals who think that they are safe on the Darknet are wrong,” said Deputy Attorney General Rosenstein. “We can expose their networks, and we are determined to bring them to justice. Today, we arrested more than 35 alleged Darknet vendors. We seized their weapons, their drugs, and $23.6 million of their ill-gotten gains. This nationwide enforcement effort will reduce the supply of deadly drugs like fentanyl that are killing an unprecedented number of Americans. I want to thank our federal prosecutors, and the dedicated federal agents with DEA, Homeland Security Investigations, the Postal Inspection Service, and the Secret Service for their outstanding work.”

“The Darknet is ever-changing and increasingly more intricate, making locating and targeting those selling illicit items on this platform more complicated. But in this case, HSI special agents were able to walk amongst those in the cyber underworld to find those vendors who sell highly addictive drugs for a profit,” said HSI Executive Associate Director Benner. “The veil has been lifted. HSI has infiltrated the Darknet, and together with its law enforcement partners nationwide, it has proven, once again, that every criminal is within arm’s reach of the law.”

“Postal Inspectors and their law enforcement partners will spare no resource or expense to shine a light on the sale and distribution of illicit and dangerous items on the Darknet, that serve to destroy the lives of many through addiction and despair,” said Inspector in Charge Rendina. “Today’s announcement of our law enforcement partnership and operation sends a strong message to those who choose this illegal path, we are watching and will bring you to justice for your crimes against the American public.”

“The Secret Service is proud to work with our law enforcement partners to help combat one of the largest threats to the U.S. financial infrastructure, money laundering with virtual currency,” said U.S. Secret Service Assistant Director Jenkins. “The Secret Service continues to adapt along with these cyber criminals to maintain our level of success in stopping them.”

“At this crucial time of unprecedented drug related deaths, one of the greatest threats we face is cyber drug trafficking,” said DEA Special Agent in Charge Hunt. “Because the Darknet invites criminals into our homes, and provides unlimited access to illegal commerce, law enforcement is taking steps to identify and arrest those involved. I applaud all the agencies who participated in this groundbreaking investigation.”

The extensive operation, which culminated in four weeks of more than 100 enforcement actions around the country, resulted in the following:

• Federal arrests of more than 35 Darknet vendors who engaged in tens of thousands of sales of illicit goods; • Execution of 70 search warrants, resulting in the seizure of massive amounts of illegal narcotics, including 333 bottles of liquid synthetic opioids, over 100,000 tramadol pills, 100 grams of fentanyl, more than 24 kilograms of Xanax, and additional seizures of Oxycodone, MDMA, cocaine, LSD, marijuana, and a psychedelic mushroom grow found in a residence; • Seizure of more than 100 firearms, including handguns, assault rifles, and a grenade launcher; • Seizure of five vehicles that were purchased with illicit proceeds and/or used to facilitate criminal activity; • Seizure of more than $3.6 million in U.S. currency and gold bars; • Seizure of nearly 2,000 Bitcoins and other cryptocurrencies, with an approximate value of more than $20 million; • Confiscation of 15 pill presses, which are used to create illegal synthetic opioids; and
• Seizure of Bitcoin mining devices, computer equipment, and vacuum sealers.

Amongst those charged federally, include:

• Antonio Tirado, 26, and Jeffrey Morales, 32, of the Bronx, New York, were arrested on June 18, and separately charged by the U.S. Attorney’s Office for the Southern District of New York with distribution and possession with intent to distribute narcotics, including cocaine, LSD (also known as “acid”), marijuana, and hashish oil. Additionally, Tirado was charged with possession of a firearm in furtherance of his drug trafficking offenses. Following an investigation into a Darknet marketplace vendor using the moniker “Trapgod,” investigators executed search warrants at homes in two residential neighborhoods in the Bronx leading to Tirado and Morales. As alleged in the complaints, during the execution of the search warrants at the Tirado and Morales residences, agents seized controlled substances including powder cocaine, marijuana, and LSD, as well as various precursor powders, liquids, and reagents, and other narcotics-related paraphernalia including marijuana growing equipment, a home chemistry lab, scales, and heat sealing packaging materials. In Tirado’s home, agents recovered a fully loaded shotgun alongside a narcotics stash. Investigators in Tirado’s apartment recovered additional evidence of Darknet narcotics distribution, such as numerous U.S. Postal Service shipping boxes, already addressed to customers around the United States, which boxes contained hairbrushes some of which had already been packed with powder cocaine for distribution.

• Jian Qu, 30; Raymond Weng, 24; and Kai Wu, 22, all of Queens, New York, along with Dimitri Tseperkas, 22, and Cihad Akkaya, 22, of Middle Island and Port Jefferson, New York, respectively, were each arrested on June 18, and charged by the U.S. Attorney’s Office for the Southern District of New York with participation in a conspiracy to distribute more than 1,000 kilograms of marijuana. Tseperkas and Akkaya were also charged with firearms offenses relating to the drug conspiracy. Investigators monitoring Darknet marketplaces found accounts used by some of the conspirators, leading agents to execute search warrants at three addresses in residential communities in Flushing and Mt. Sinai, New York. From the residences, agents recovered approximately $400,000 in U.S. currency, 140 kilograms of suspected marijuana and an additional 10 kilograms of suspected marijuana vape cartridges, 12 kilograms of suspected Xanax pills, over half a kilogram of suspected ecstasy, four pill presses, mixers, and pill press parts, over a dozen kilograms of various powders, packaging materials, and paraphernalia. While searching the residence where Akkaya and Tseperkas were found, investigators recovered three loaded shotguns, including a tactical double-barreled shotgun loaded with 14 shells, and over 50 shotgun shells, as well as significant quantities of narcotics, packaging materials, and paraphernalia including a money-counting machine. Review of electronic evidence recovered from the residences proved the conspirators’ connections to Darknet marketplaces, use of cryptocurrency, and narcotics distribution schemes.

• Ryan Farace, 34, of Reisterstown, Maryland, and Robert Swain, 34, of Freeland, Maryland, were charged by the U.S Attorney’s Office for the District of Maryland related to a scheme to manufacture and distribute alprazolam tablets, which are typically sold under the brand name “Xanax.” The indictment alleges that Farace distributed the drugs through sales on the dark web in exchange for Bitcoin, and that Farace and Swain laundered the drug proceeds through financial transactions designed to conceal the source and ownership of the illegal funds. To date, law enforcement has seized various crypto currency, to include bitcoin, valued at over $22 million at the time of the seizures, and over $1.5 million in cash, which was seized from Farace’s residence upon the execution of a search warrant on Jan. 18. As part of the indictment, the government seeks the forfeiture of no less than $5.665 million, plus the value of 4,000 Bitcoin believed to be the proceeds of the illegal drug sales, two residences, and a vehicle used to facilitate the drug distribution.

• Nicholas J. Powell, 32, and Michael Gonzalez, 27, former and current residents of Parma, Ohio, respectively, were charged by the U.S. Attorney’s Office for the Northern District of Ohio with conspiracy to distribute controlled substances and laundering money using the dark web. The complaint alleges that Powell used various monikers on Darknet marketplaces as part of his criminal scheme, including “TheSource,” “BonnienClyde,” BnC,” “BCPHARMA,” and “Money TS.” The conspiracy operated on multiple Darknet marketplaces, including Silk Road 2, AlphaBay, and HANSA. The conspiracy involved distributing Xanax, steroids, marijuana and other drugs across the country using these and other Darknet monikers. Powell and Gonzalez would then launder the funds as cryptocurrencies such as Bitcoin, Etherium, and Komodo through individuals specializing in money laundering on Darknet marketplaces. At the time of arrest, law enforcement had already seized approximately $437,000 in cryptocurrencies from Powell.

• Jose Robert Porras III, 21, and Pasia Vue, 23, both of Sacramento, were charged with drug distribution, money laundering, and illegally possessing firearms, in a 16-count indictment returned by a grand jury in the Eastern District of California. According to the indictment, Porras and Vue were using the online monikers “Cannabars” and “TheFastPlug,” to distribute marijuana, Xanax, and methamphetamine on various dark web marketplaces, including Trade Route, Wall Street Market, and Dream Marketplace. Porras and Vue then laundered the Bitcoin proceeds of their drug distribution through the HSI undercover agent located in New York. After receiving the Bitcoin from Porras and Vue, the undercover agent mailed parcels of cash to them in Sacramento. HSI and USPIS agents seized nine weapons including an AK-47 magazine and ammunition, 30 pounds of marijuana, $10,000 in U.S. currency, a vehicle, and over 100 bars of Xanax.

• Sam Bent, 32, of St. Johnsbury, Vermont (and formerly of East Burke, Vermont), and his cousin, Djeneba Bent, 26, also of St. Johnsbury (and formerly East Burke) were charged with conspiracy to distribute LSD, MDMA (also known as “ecstasy”), cocaine, and marijuana in an indictment returned by a federal grand jury in the District of Vermont. The indictment alleges that the conspiracy involved setting up accounts on dark web marketplaces, establishing online identities, accepting Bitcoin in exchange for sales over the dark web, and mailing controlled substances from several different post offices in Northeastern Vermont and Northwestern New Hampshire in an effort to avoid detection. The indictment also charges Sam Bent with four counts of money laundering involving three different exchanges of bitcoin drug distribution proceeds for U.S. currency.

• In Fresno, California, a federal grand jury returned an 11-count indictment on May 17, against Daniel Boyd McMonegal, 35, of San Luis Obispo and Mariposa, California, charging him with drug distribution and money laundering in the Eastern District of California. According to the indictment, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market. McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a non-profit medical marijuana cooperative. McMonegal then laundered the Bitcoin proceeds of his drug distribution through an undercover agent located in New York. After receiving the Bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa.

More than 50 Darknet vendor accounts were identified and attributed to the real individuals selling illicit goods on Darknet market sites such as Silk Road, AlphaBay, Hansa, Dream, and others. HSI-New York Field Division and MLARS coordinated with law enforcement and federal prosecutors to investigate 65 targets identified by the undercover operation in more than 50 Federal districts, including: the District of Arizona, the Eastern District of Arkansas, the Western District of Arkansas, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Connecticut, the Middle District of Florida, the Northern District of Florida, the Southern District of Florida, the Northern District of Iowa, the District of Kansas, the District of Maryland, the Eastern District of Michigan, the District of Minnesota, the Eastern District of North Carolina, the Western District of North Carolina, the District of New Hampshire, the Northern District of New York, the Southern District of New York, the Western District of New York, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Middle District of Pennsylvania, the District of South Carolina, the District of South Dakota, the Eastern District of Texas, the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the District of Vermont, the Eastern District of Washington, and the Western District of Washington. FBI was part of the investigative team in the Northern District of California.

The investigation is ongoing.

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The United States Attorney’s Office and the Swanton Sector of the United States Border Patrol announce that, in the early morning hours of June 23, 2018, Border Patrol agents arrested two adult individuals for being found in the United States, having been previously removed from the country. Lucio Hernandez-Martinez, an alien of Mexican citizenship, and Manuel Antonio Flores-Martinez, an alien of Peruvian citizenship, had their initial appearances in federal court in Burlington yesterday before The Honorable John M. Conroy, United States Magistrate Judge for the District of Vermont.

According to the criminal complaint, in the early morning of June 23, Border Patrol agents received a report of possible illegal activity in Norton, Vermont, in an area known for unlawful cross border activity. Agents responded to the area and found the two defendants hiding in a ditch. Both attempted to flee when they observed border patrol agents, and both were later apprehended. Investigation revealed that both men were aliens without permission to enter or remain in the U.S. Hernendez-Martinez was ordered removed on three previous occasions. Flores-Martinez was ordered removed on two prior occasions.

United States Attorney Christina E. Nolan commended Border Patrol for its efficient and effective handling of this matter, and for its diligence in protecting the integrity of Vermont’s northern border.

“I commend the agents involved in this arrest,” said Beecher Falls Station Patrol Agent in Charge Paul Kuhn. “Through their vigilance they were able to interdict two aliens, who had previously been removed, from furthering their illegal entry into the United States.”

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 Wendy Fuller. Lucio Hernandez-Martinez is represented by Frank J. Twarog. Manuel Antonio Flores-Martinez is represented by Maryanne E. Kampmann.

The United States Attorney’s Office and the Swanton Sector of the United States Border Patrol announce that, during late evening hours of June 22, 2018, Border Patrol agents arrested five adult Mexican citizens that had illegally entered the United States. Agents also arrested another man, also a citizen of Mexico, after he picked up the individuals who had crossed illegally. Four of the individuals who crossed the border illegally, Marlene Hernandez-Cruz, Alejandro Gomez-Diaz, Jose Armando Carrillo-Carrillo, and Oscar Gomez-Montejo, were charged with illegally entering the country. The fifth individual who crossed illegally, Luis Enrique Gonzalez-Jimenez, is charged with entering illegally having been previously removed from the country. The final individual, who picked up the other five, Evelio Balcazar-Correa, is charged with alien smuggling. All six defendants made their initial appearances in federal court in Burlington before The Honorable John M. Conroy, United States Magistrate Judge for the District of Vermont.

According to the criminal complaint, in the late evening of June 22, Border Patrol Agents received a report of possibly illegal activity east of Holland, Vermont. Agents responded to the area and observed suspicious activity in the area of a pickup truck. After stopping the truck, agents identified Balcazar as one of its passengers. They also located the remaining charged individuals in the back of the truck, with their clothes and shoes covered in dirt and mud. Balcazar and the five individuals in the back of the truck were confirmed to be aliens without documentation allowing them to be in the United States. Post-arrest statements revealed that Balcazar had coordinated with individuals in Canada to pick up the Mexican citizens and bring them to the United States. Balcazar stated that he had repeatedly engaged in alien smuggling.

United States Attorney Christina E. Nolan commended Border Patrol for its efficient and effective handling of this matter, and for its diligence in protecting the integrity of Vermont’s northern border.

“This arrest is another great example of the vigilance our Border Patrol agents display on a daily basis,” said Newport Station Patrol Agent in Charge Richard Ross. “These agents prevented a smuggler from bringing aliens into the interior of the United States.”

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 Wendy Fuller. Marlene Hernandez-Cruz, Alejandro Gomez-Diaz, Jose Armando Carrillo-Carrillo and Oscar Gomez-Montejo are represented by John-Claude Charbonneau. Luis Enrique Gonzalez-Jimenez is represented by Mark D. Oettinger. Evelio Balcazar-Correa is represented by Elizabeth Quinn.

The United States Attorney for the District of Vermont announced that Daniel Burgess, 51, of Stowe, was sentenced in United States District Court in Rutland to 24 months of imprisonment following his guilty plea to a charge of wire fraud. Chief U.S. District Judge Geoffrey Crawford also ordered that Burgess serve a three-year term of supervised release following completion of his prison sentence and pay restitution in the amount of $248,900. The court directed Burgess to surrender to the Bureau of Prisons on July 24 to begin serving his sentence.

On October 27, 2016, a federal grand jury in Burlington returned a one-count wire fraud indictment against Burgess. According to the indictment, Burgess engaged in the business of buying and selling securities through a company he owned named Tucker Financial Services. The indictment alleges that in July 2011, Burgess entered into a contract with a woman from Nevada in which Burgess agreed to try to sell 520,000 shares of a penny stock the woman owned. Under the terms of the agreement, the woman would receive 80% of the gross proceeds of any stock sales and Burgess would be entitled to the remaining 20%.

The indictment charges that between August and October 2011, Burgess sold all 520,000 shares of the stock for a total of about $619,000. The woman’s 80% share of the sale proceeds was about $495,000. Burgess paid her about $246,000, but fraudulently converted the remaining money to his own use. Among other things, he financed an expensive European wedding and honeymoon with his victim’s money.

This case was investigated by the Federal Bureau of Investigation and the Vermont Department of Financial Regulation.

Burgess is represented by Brice Simon. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Assistant United States Attorney Owen C.J. Foster of the United States Attorney’s Office for the District of Vermont was one of 162 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony today in Washington D.C.

The District of Vermont was one of 35 districts represented at the ceremony that was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues. But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded. Today, we pause to honor and recognize a small portion of your work.”

AUSA Foster received the award for Superior Performance as an AUSA-Civil for his outstanding accomplishments in investigating and settling United States ex rel. Delaney v. eClinialWorks LLC, 2:15-CV-00095-WKS (D. Vt.). In its complaint-in-intervention, the government contended that eClinicalWorks falsely obtained that certification for its electronic health records software when it concealed from its certifying entity that its software did not comply with the requirements for certification. Under the terms of the settlement ClinicalWorks, three of its founders, and three of its employees paid a total of $155 million. This is by far the largest False Claims Act recovery in the District of Vermont and was one of the largest in 2017 nationwide. And, it was achieved over a highly-efficient two-year period. AUSA Foster was the leader of the investigation and the driving force behind its progress and ultimate resolution. AUSA Foster, a relatively new AUSA when the case started, had no background in computer science or health care. Nevertheless, he diligently reviewed documents and dug for answers until he, not only understood how EHR systems should work and how eClinicalWorks’ system failed, but also how to discuss those systems with the engineers involved in their development and the lawyers responsible for determining the outcome of the case. AUSA Foster’s devotion and commitment to this case was truly remarkable.

"AUSA Owen Foster successfully carried out a first-of-its-kind investigation with great efficiency and recovered a significant sum of money for the taxpayers,” stated United States Attorney Christina E. Nolan. “AUSA Foster is deserving of the Director’s Award and our gratitude for his public service.”

EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.

The Office of the United States Attorney for the District of Vermont and the Office of the Attorney General for the State of Vermont are pleased to announce that on June 7, 2018, the Vermont Human Trafficking Task Force (VT HTTF) executed a Memorandum of Understanding (MOU) contractually implementing the state’s multidisciplinary approach to combating human trafficking affecting the State of Vermont and its residents. Vermont recognizes that the act of trafficking another human being is a violation of basic human rights and is determined to bring an end to the exploitation of human beings for labor or commercial sex.

Since 2013, under the leadership of the U.S. Attorney’s Office and the Vermont Attorney General’s Office, the 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 through comprehensive social, medical, and legal services. Human trafficking is a crime that causes deep and lasting trauma to even the strongest of its survivors. This formal agreement to work collaboratively across disciplines illustrates Vermont’s commitment to bringing a victim-centered and trauma-informed approach to our work as we fight to end human trafficking. Executing a formal MOU is a significant and crucial step forward to eradicate the modern-day slavery known as human trafficking, a crisis facing the nation and Vermont.

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. Due to the inherent challenges of counting those whose activities are deliberately shielded from sight, we believe that the incidence of sex and labor trafficking in Vermont statewide is substantially higher than these numbers suggest.

Vermont’s United States Attorney, Christina E. Nolan, emphasized the link between human trafficking and the opiate crisis in Vermont, stating, “Human trafficking continues to be one of the most dangerous, but least understood, aspects of the opioid trade in Vermont. Drug dealers coerce addicts to perform commercial sex acts for the benefit of the dealers’ illegal organizations, deliberately perpetuating the victims’ addiction in order to exploit them for commercial gain. Trafficking in people compounds the damage that trafficking in opioids has caused our state, and often involves use of brutal violence and abuse against victims. Our response to that epidemic must continue to bring the problem of human trafficking out of the shadows, get trafficking survivors the help and services they need, and prosecute the traffickers who prey on some of our most vulnerable Vermonters by intentionally exacerbating their addictions for financial gain. From an enforcement perspective, those who engage in this horrific crime should be on notice that they will be targets for federal prosecution.”

Vermont’s Attorney General, T.J. Donovan, added, “I'm proud to partner with U.S. Attorney Christina Nolan and her team to combat human trafficking. This is about protecting basic human rights and ensuring that survivors have the help and services they deserve.”

Anyone can be a victim of human trafficking, regardless of race, age, gender, nationality, socio-economic status, or sexual orientation. Trafficking victims are often manipulated via false promises concerning relationships, employment, lifestyle, or drug availability, and victims are lured into situations where their will is deliberately broken down, so that they can be controlled by the trafficker. Human trafficking does not necessarily occur behind closed doors. In many cases, the trafficker’s control over the victim is so profound that the trafficker can control the victim even when he or she is out in the community, interacting with people on a daily basis.

MOU signing members include the United States Attorney’s Office for the District of Vermont, the Office of the Attorney General for the State of Vermont, the Federal Bureau of Investigation, Homeland Security Investigations, Vermont State Police, Vermont Center for Crime Victim Services, and Give Way to Freedom. Partnering agencies include the United States Drug Enforcement Administration, 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, Office of the Chittenden County State’s Attorney, United Way, Vermont Network Against Domestic and Sexual Violence, Vermont Coalition of Runaway and Homeless Youth Programs, HOPE Works, Spectrum Youth and Family Services, and Disability Rights Vermont.

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 Vermont Human Trafficking Task Force is led by co-chairs Assistant United States Attorney Abigail Averbach and Assistant Attorney General Cindy Maguire and is comprised of subcommittees dedicated to Law Enforcement, Victim Services, and Training and Outreach. Any professionals or community members interested in a training or awareness event should contact the Vermont U.S. Attorney’s Office at (802) 951-6725.

The United States Attorney for the District of Vermont announced that a federal grand jury in Rutland today indicted Randall Swartz, 58, of Orleans, on 11 counts of mail fraud. Swartz will be arraigned on these charges in the near future in U.S. District Court in Burlington. No court date has been set.

According to today’s indictment, until January 2017 when he was fired, Swartz was employed as the maintenance manager at Agri-Mark’s cheese-making plant in Cabot. As maintenance manager, Swartz was responsible for maintaining, repairing and replacing all machinery and equipment at the Cabot site. The maintenance budget amounted to several hundred thousand dollars each month. Swartz also owned a side-business, Kingdom RO, which sold reverse osmosis systems that were used by producers of maple syrup to concentrate and purify maple sap. Agri-Mark also employed reverse osmosis technology at its Cabot facility.

The indictment alleges that beginning no later than 2010 and continuing up to the time of his termination, Swartz defrauded Agri-Mark by causing the company to order hundreds of thousands of dollars worth of reverse osmosis equipment that was too small for Agri-Mark to use in its cheese-making processes. Instead, Swartz allegedly stole the equipment and installed it in smaller RO systems he sold to clients of Kingdom RO. It is charged that Swartz further defrauded Agri-Mark by using company employees, on company time, to assemble and install these RO systems. The indictment alleges that Swartz used the U.S. Postal Service and private commercial carriers to deliver this fraudulently-obtained RO equipment either to the Cabot plant or to Swartz’ house.

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

If convicted, Swartz faces up to 20 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 Vermont State Police, the Federal Bureau of Investigation and U.S. Department of Homeland Security Investigations.

Swartz is represented by Richard Goldsborough. The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that two persons have pled guilty to 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, 25, a Honduras citizen.

Alberto Alvarado-Castro pled guilty to smuggling aliens for financial gain, which carries a three-year mandatory minimum sentence and a ten-year maximum sentence. The parties agreed that Alvardo-Castro’s sentence should be three years, which is still subject to the Court’s approval. Hector Perez-Alvarado pled guilty to transporting aliens for financial gain, which carries a ten-year maximum sentence. The parties have not agreed to a specific sentence for Perez-Alvarado. United States Chief Judge Geoffrey W. Crawford will conduct both sentencings, which are currently scheduled for September 27, 2018 in Rutland. Both defendants are detained and in the custody of the U.S. Marshals Service.

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. The Government alleges that Alvarado-Castro has multiple prior felony burglary convictions in the United States.

This matter was investigated by the United States Border Patrol and Homeland Security Investigations. “This case serves as 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 Acting Chief Patrol Agent Robert Garcia. “Our agents did an outstanding job thwarting this smuggling attempt and the U.S. Attorney's Office did an excellent job prosecuting it.”

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.

May 17, 2018 – Attorney General Jeff Sessions and U.S. Attorney for the District of Vermont Christina Nolan announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."

In the District of Vermont, which will receive three new AUSAs, one of these prosecutors will focus on violent crime, one on affirmative civil enforcement, and one on prosecuting immigration crimes. The allocation of an additional violent crime AUSA will permit the U.S. Attorney’s Office to place even greater emphasis on violent criminal conduct, such as homicides, arsons, robberies, and other criminality involving the use of firearms. In the civil enforcement arena, the additional AUSA position will allow federal prosecutors to bring powerful civil resources to bear on those who endeavor to obtain federal funds by fraudulent means. This increase in civil resources will also support Attorney General Sessions’ vision to combat the opiate epidemic in Vermont and across the country using the full range of criminal and civil enforcement tools against opioid over-prescribers and pill diverters. Finally, the addition of a position focused on immigration crime increases the District of Vermont’s capacity to protect the integrity of the northern border and prosecute those who enter or remain in the United States in violation of our nation’s immigration laws.

In response to the Attorney General’s announcement, U.S. Attorney Nolan noted: “We in Vermont are grateful to the Department for recognizing these areas of critical law enforcement need, and sending resources to our State so that we can address these needs efficiently and effectively. My office will make immediate use of this violent crime resource to target those whose criminal conduct strikes at the heart of Vermont’s safety and security. In addition, the allocation of a civil enforcement AUSA position is a clear call for us to continue to attack the opiate scourge in Vermont in a creative and comprehensive manner, with resort to all civil and criminal mechanisms at our disposal. As a state situated along the international border with Canada, Vermont prosecutors must combat unlawful border crossings and work to dismantle smuggling rings that import people and contraband into the country. The District of Vermont will use this criminal immigration AUSA position to do its part to ensure the security of our nation and preserve the integrity of our border and immigration laws.

To see more information on the locations of the 311 Assistant United States Attorney positions click here.

The Office of the United States Attorney for the District of Vermont stated that Howard Hoisington, age 34, formerly of Berlin, Vermont was sentenced on May 31, 2018 on charges of arson with death resulting and conspiracy to commit robbery stemming from the fatal arson that occurred in Northfield, Vermont in December 2015. United States District Judge Christina Reiss sentenced Hoisington to a 24-year term of incarceration, followed by five years of supervised release. Hoisington was also ordered to pay restitution to the victims of his offenses in the amount of $620,025.92.

As described at Hoisington’s sentencing and in court records, in the fall of 2015, Howard Hoisington, Jonathan Zampieri, Tammy Wilder, Kevin Atwood, and Kim Hoisington committed a series of robberies of drug dealers in the Washington County area of Vermont. Some of these robberies involved a scheme of dousing a person selling drugs with gasoline and threatening them with a lighter to rob them of their drugs. The last of these robberies resulted in a fire that destroyed a building in Northfield and killed innocent bystander Brittany Burt.

As also described at Hoisington’s sentencing and in court records, on December 14, 2015, Howard Hoisington, Zampieri, Tammy Wilder, Kim Hoisington, and Amanda Wilder drove in Zampieri’s vehicle to pick up Atwood in Montpelier. They all drove to the Cumberland Farms in Northfield where Zampieri filled two mason jars with gasoline. From there, the group drove to the apartment of Efren Serrano on Union Street in Northfield, Vermont, from whom they had arranged to purchase crack cocaine. Zampieri, Howard Hoisington, and Atwood went to Serrano’s apartment and kicked in the front door. They found Serrano and Serrano’s girlfriend, Brittany Burt, in the bedroom. Serrano and Burt were doused with gasoline and the men demanded Serrano’s drugs. When Serrano did not respond, Zampieri pulled out a lighter. The lighter went off, igniting the gasoline vapors and causing the room to burst into flames. Zampieri, Howard Hoisington, and Atwood fled the building. At some point, Serrano was able to run from the building on fire. Serrano sustained life threatening injuries, but he survived. Brittany Burt could not escape the building. She died on the bedroom floor.

Howard Hoisington’s co-defendants, Jonathan Zampieri, Tammy Wilder, Kim Hoisington, and Richard Hoisington have all pleaded guilty to various charges. They await sentencing.

This case provides an example of the United States Attorney’s Office Violent Crime Initiative, aimed at pursuing federal prosecutions involving the intersection of drug trafficking and violence. United States Attorney Christina Nolan commended the efforts of Vermont State Police, Vermont Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Northfield Police Department, Barre City Police Department, and Berlin Police Department. The United States Attorney’s Office worked in partnership with the Washington County State’s Attorney Scott William to investigate and resolve this important matter.

United States Attorney Nolan added, “To describe this crime as senseless and abhorrent would be an understatement. It is a stark example of the horrific violence that too often arises from the trafficking of crack cocaine and other dangerous drugs. Federal prosecutors will work tirelessly with our federal, state, and local law enforcement partners to demonstrate zero tolerance for crimes of such depravity. Resolution and justice for the victims and their families was achieved through the collaborative efforts of our federal, state, and local investigators, and through the teamwork of state and federal prosecutors. We will continue to come together to achieve justice for victims, and peace and security for Vermonters. There is no place for such horrific violence in our state and our charging priorities will so reflect.”

ATF Assistant Special Agent in Charge Lawrence Panetta said, “Arson is a crime of extreme violence that puts the lives of the public and first responders in grave danger. ATF is committed with our local, state, and federal public safety partners to ensure our communities remain free from the dangerous acts arsonists commit and utilize all the necessary resources to bring these individuals to justice.”

“Howard Hoisington’s sentencing is an important first step in resolving this case and bringing closure to the Burt family and the other victims of these crimes,” added Lieutenant Todd Baxter of the Vermont State Police. “VSP remains committed to preventing and investigating violent crime throughout the State of Vermont, and bringing those who commit violent crimes to justice.”

Howard Hoisington is represented by Steven Barth and Elizabeth Quinn of the Federal Public Defender’s Office. The United States is represented by AUSAs Paul Van de Graaf and John Boscia.

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 on May 29, 2018, Adam Jankowski, 33, was sentenced to 92 months in federal prison after his guilty plea to the charge of conspiracy to distribute 100 grams or more of heroin. United States District Court Judge Geoffrey W. Crawford also ordered that Jankowski serve four years of federal supervised release after his prison term.

According to court records, in July of 2016 the Burlington Police Department commenced an investigation into the defendant and his involvement in trafficking heroin. In November of 2016 the Burlington Police Department seized nearly 2,500 bags of heroin from a vehicle returning to South Burlington from Holyoke, Massachusetts. Following his arrest, Jankowski admitted to trafficking at least 10,000 bags of heroin into Vermont between August and December of 2016.

For his crimes, Jankowski faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. In imposing a sentence of 92 months, Judge Crawford considered a number of factors, including the severity of the offense, the harm heroin has caused to Vermont communities, and Jankowski’s criminal record.

United States Attorney Christina E. Nolan commended the efforts of the Burlington Police Department for their work in this investigation.

“During his 92 months in federal prison, Mr. Jankowski will have time to reflect on the ways he exploited Vermonters and stripped them of their dignity,” said Brandon del Pozo, Burlington Chief of Police. “There are no set of mitigating circumstances that ‘force’ Jankowski to profit from destroying people’s lives. The court has sentenced him accordingly. I’d like to thank our police, marshals and the US Attorney for Vermont for making that possible.”

The prosecution was handled by Assistant U.S. Attorney Nate Burris. Jankowski was represented by Assistant Federal Public Defender Elizabeth Quinn.

The Office of the United States Attorney for the District of Vermont announced that Denny Reyes, 28, of Bronx, New York, was sentenced on May 29, 2018, in United States District Court in Burlington, Vermont, to serve concurrent terms of thirty-six and ten months in federal prison after his conviction at trial for Aiding and Abetting Alien Smuggling for Financial Gain and the Unlawful Transportation of Illegal Aliens within the United States. U.S. District Court Judge Christina Reiss also ordered Reyes to serve a two-year period of supervised release following his prison term, and to pay a $200 special assessment.

According to court records and proceedings, on February 6, 2015, federal and state law enforcement agents surveilled Reyes as he drove from New York City to Highgate Springs, Vermont. Shortly after midnight on February 7, law enforcement followed Reyes as he drove to the top of Highgate Springs, on a road that ends at the border between the U.S. and Canada. There, waiting law enforcement agents watched as Reyes sat in his parked car, poised to act as the paid get-away driver for three illegal aliens whom law enforcement had just observed walking across the border from Canada and into the U.S. with the help of a foot guide. As soon as the three illegal aliens ran for Reyes’ car, law enforcement announced their presence and attempted to make apprehensions. The foot guide evaded law enforcement and absconded back to Canada on foot. Reyes and the three illegal aliens were arrested shortly after they also attempted to flee the area, in Reyes’ car. Reyes thereafter exercised his right to proceed to trial. On December 21, 2017, a jury returned a verdict of guilty as to both of the crimes charged against him.

United States Attorney Christina Nolan commended the efforts of the Border Patrol and its state and federal partners for their cooperation and success in maintaining the integrity of our northern border.

“Swanton Sector appreciates the support of the U.S. Attorney’s Office in Burlington in their diligent prosecution of this case. When criminals face a real consequence, it acts as a deterrent to those who would break the law,” said U.S. Border Patrol Swanton Sector Acting Deputy Chief Patrol Agent Bradley Curtis, “This case is an excellent example of what can be accomplished when using the whole-of-government approach.”

The United States was represented in this matter by First Assistant U.S. Attorney Kevin Doyle, Criminal Chief Eugenia Cowles, and Assistant U.S. Attorney Abigail Averbach. Denny Reyes was represented by the Office of the Federal Public Defender. The case was jointly investigated by members of the U.S. Border Patrol, Customs and Border Protection; Vermont State Police; and the Drug Enforcement Administration.

The Office of the United States Attorney for the District of Vermont announced that Shawn Alonso, 35, of Corona, New York, was sentenced today for conspiracy to distribute more than one kilogram of heroin. District Judge Christina Reiss sentenced Alonso to a 120-month term of incarceration, followed by a 5-year term of supervised release. Previously, on May 10, 2018, District Judge Christina Reiss sentenced Tamara Moody, 38, of Richmond Hill, New York, to an 87-month term of incarceration, followed by a 4-year term of supervised release. As part of their plea agreements, Alonso and Moody agreed to the forfeiture of jewelry appraised at $241,915 which was seized from their persons, as well as $13,653.65 seized from their bank accounts.

According to Court records, Alonso and Moody were arrested on March 18, 2017, in Colchester, Vermont, while attempting to deliver 1.106 kilograms of heroin. This amount of heroin would equate to approximately 35,000 dosage units of heroin, and retail on the streets of Vermont for approximately $350,000. At the time of their arrests, Alonso was wearing jewelry with an appraised value of $208,990, and Moody was wearing jewelry with an appraised value of $32,925. The government’s investigation revealed that Alonso and Moody had traveled extensively in the year prior to their arrests, including trips to Saint Maarten, the U.S. Virgin Islands, Las Vegas, and multiple cities in Florida. A search of the couples’ Atlanta apartment revealed Moody had recently spent over $12,000 to purchase furs, Alonso had purchased season tickets to the Atlanta Hawks, and both Alonso and Moody had paid over $50,000 of payments to a contractor in Atlanta for renovations of a tattoo parlor. Banking records revealed over $100,000 of cash deposits into Alonso’s bank account, with suspicious banking activity in Vermont dating back to September of 2012. Alonso and Moody were found to have transported over three kilograms of heroin into Vermont for the purpose of its distribution to Vermonters.

Acting United States Attorney Eugenia A. P. Cowles commended the investigative efforts of the Drug Enforcement Administration (DEA); the Vermont State Police (VSP); the Colchester Police Department; Vermont Fish and Game; Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF); the Winooski Police Department; the United States Border Patrol the Essex Police Department; the Williston Police Department, the Chittenden County Sheriff’s Office; and the Burlington Police Department, in the successful arrests and prosecutions of Alonso, Moody, and others in this investigation. She added, “the United States Attorney’s Office remains committed to apprehending and prosecuting those who distribute heroin for profit. With the help of our law enforcement partners, we will continue to pursue defendants like these who endanger Vermonters and exacerbate the opiate epidemic to line their own pockets.”

“DEA is committed to investigating and dismantling Drug Trafficking Organizations and individuals like Mr. Alonso and Ms. Moody, who are responsible for distributing lethal drugs like heroin to the citizens of Vermont,” said DEA Special Agent in Charge Brian D. Boyle. “Let these sentences be warnings to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state, and federal partners to bring to justice anyone who distributes deadly drugs.”

Alonso was represented by Lisa Shelkrot, Esq. Moody was represented by Maryanne Kampmann, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.

The Office of the United States Attorney for the District of Vermont stated that, on May 23, Daniel Greenwood, age 42, was arraigned in United States District Court in Burlington, Vermont, in connection with a federal indictment charging him with possessing a firearm as a convicted felon in October 2017 and with committing a burglary of the Kinney Drugs in Cambridge, Vermont that same month. Greenwood, who is currently serving a sentence in Massachusetts, entered pleas of not guilty to the two charges. At the time of offenses, Greenwood had absconded from state supervision and was a fugitive during late 2017. He was arrested in late 2017 in Massachusetts and charged in connection with the offense for which is currently serving a sentence.

According to court records, the firearms possession charge relates to a burglary of a residence in Thetford, Vermont, on October 21, during which Greenwood attempted to steal the homeowner’s hunting rifle. The homeowner, however, arrived home during the burglary and forcibly took back his rifle as Greenwood was fleeing the scene. Greenwood has a prior federal firearms conviction, according to the charges. The pharmacy burglary charge is a federal crime because Greenwood is alleged to have stolen over $500 in controlled substances during the burglary, which occurred on the night of October 15 when the pharmacy was closed.

The firearms charge carries a maximum sentence of ten years in jail, three years of supervised release, and $250,000 fine, and the pharmacy burglary charge carries a maximum sentence of twenty years in jail, three years of supervised release, and a $250,000 fine. The United States Attorney emphasizes that the indictment contains merely allegations against Greenwood and that he is presumed innocent until and unless convicted of the charges. “Greenwood’s arraignment demonstrates ATF’s commitment to targeting prohibited individuals from possessing and trafficking firearms” said Kenneth Kwak, Acting Special Agent in Charge for the Boston Field Division. “ATF will continue to collaborate with our law enforcement partners to eliminate these types of crimes and keep our communities safe.”

U.S. Attorney Christina E. Nolan added: “this case reflects our commitment to prioritize prosecution of violent crime and unlawful firearms offenses. Prohibited persons must be on notice that they will be targeted for federal prosecution, especially if their conduct involves endangering Vermonters in their own homes. We will continue to work closely with our law enforcement partners at all levels to demonstrate zero tolerance for such offenses.”

The indictment against Greenwood was the culmination of a multi-agency investigation. The collaborative effort was led by the Bureau of Alcohol, Tobacco, Firearms, & Explosives, the Drug Enforcement Administration, and the Vermont State Police, with the assistance of the United States Marshals Service, United States Customs and Border Protection Air and Marine Operations, the Newport Police Department, the Lamoille and Orleans County Sheriff’s Departments, and the Holyoke, Massachusetts, Police Department. Assistant United States Attorney Paul J. Van de Graaf is prosecuting the case. Greenwood is represented by Attorney David McColgin.

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 United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Zein Diaz-Ventura, 27, a citizen of Mexico, was arraigned yesterday in U.S. District Court on an indictment charging him with reentering the United States after having previously been removed from the country. U.S. Magistrate Judge John Conroy ordered the defendant detained pending trial.

According to court records, Diaz-Ventura was the passenger in a vehicle with license plates “not on file” traveling on State Route 105 in Richford, Vermont in the evening on May 11, 2018. U.S. Border Patrol pulled over the vehicle and subsequently determined that Diaz-Ventura has two prior 2012 misdemeanor convictions for illegal entry into the United States and has been removed from the United States on three occasions. In addition, Diaz-Ventura was convicted of misdemeanor battery (domestic violence) in Florida in 2012.

The United States Attorney emphasizes that the charge against Diaz-Ventura is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.

If convicted, the defendant faces up to 2 years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.

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.

Diaz-Ventura is represented by the Office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Nicole Cate.

Today, the U.S. Attorney’s Office for the District of Vermont honored a number of individuals from a variety of agencies at its first Annual Law Enforcement Awards Ceremony. This ceremony was held at the federal building in Burlington, Vermont. Individual investigators were nominated by the U.S. Attorney’s Office Staff in a variety of categories for their outstanding work in supporting the Office’s justice mission. The recipients of the awards presented today represent federal, state, local and private agencies from Vermont, Maine, and Massachusetts. The specific categories and individuals recognized today are as follows:

Exceptional Contribution to a Federal Prosecution Award: Awards in this category go to those who significantly impact law enforcement’s ability to: 1) arrest, apprehend and prosecute a subject of a federal investigation; 2) rescue and respond to victims; 3) develop cooperating witnesses; and/or 4) identify critical intelligence.

Frank Thornton, Digital Forensic Expert, Blackthorn, Inc., nominated by U.S. Attorney Christina Nolan for work in U.S. v. Michael Foreste and U.S. v. John Jones.

Deb Jasinski, Computer Forensic Examiner, Vermont Internet Crimes Against Children Task Force, nominated by Assistant U.S. Attorney Barbara Masterson for work in U.S. v. Donald Boles.

Michelle Beard, Fiscal and Regulatory Analyst, Medicaid Fraud and Residential Abuse Unit, Vermont Attorney General’s Office, nominated by Civil Division Chief, Nikolas Kerest for work in the investigation and settlement with Dominion Diagnostics.

Investigative Excellence Award: The recipients of these awards are those whose actions led directly to the arrest of a dangerous subject or to the exposure of a significant criminal or civil conspiracy. This nomination category is intended to recognize an individual for his or her specific acts separate and apart from a team of recipients.

FBI Special Agent Michelle Delpha, nominated by Assistant U.S. Attorney Jon Ophardt, for work in U.S. v. Paul Kickery, Sr., a case with connections to the District of Vermont and District of Missouri.

Det. Sgt. Erik Johnson, Brattleboro Police Dept., nominated by Assistant U.S. Attorney Jon Ophardt, for work in U.S. v. Paul Kickery, Sr.

Special Agent Frank Italia, U.S. Department Of Transportation, Office of the Inspector General, Cambridge, MA, nominated by Civil Division Assistant U.S. Attorney Ben Weathers-Lowin for work in Investigation and Settlement with J.A. McDonald Inc.

Outstanding Collaborative Investigation Award: Award recipients have demonstrated outstanding efforts in collaboration with multiple agencies in order to meet the Justice mission of the U.S. Attorney’s Office.

Special Agent Matthew Ekstrom, ATF Burlington, VT
Special Agent Matt Fasulo, U.S. Secret Service, Portland, ME
Special Agent Tim Hoffmann, DEA Burlington, VT
DEA Task Force Officer David Madore, DEA ME (Auburn PD, Auburn, ME)
DEA Task Force Officer Daniel Merchand, DEA Burlington, VT
Detective Corporal Jamie Morris, Burlington PD, Burlington, VT
Michael Ballback, Asset Forfeiture and Seized Property Branch, ATF Boston, MA

Nominated by Assistant U.S. Attorney Abigail Averbach, Assistant U.S. Attorney Jon Ophardt, and Paralegal Specialist Karen Arena-Leene for work in U.S. v. Sharif Cargo, et al.

U.S. Attorney Nolan stated:

We at the U.S. Attorney’s Office were so very honored today to host our First Annual Law Enforcement Awards Ceremony, an event at which we recognized – and will continue to recognize on a yearly basis going forward – the outstanding work of members of the Vermont justice community. Employees of the U.S. Attorney’s Office proudly handed out awards to, and sang the praises of, our outstanding law enforcement and investigative partners from around Vermont, as well as individuals from Maine and Massachusetts who have contributed to the justice mission in Vermont. We are so very fortunate to live in the Green Mountain State. Vermont is widely and rightfully regarded as an extraordinarily attractive place to reside. That is due, in no small part, to the tireless efforts of law enforcement at all levels to keep us safe. Quietly and consistently, they put themselves in harm’s way to protect our communities. They make decisions every day to stand on the front lines of our campaigns to combat violence, unlawful firearms activity, drug trafficking, and other dangerous crime. This is a tremendous daily sacrifice – on the part of officers, to be sure – but also on the part of their families and loved ones. We must never forget their heroic work and their daily sacrifice. The same praise is due to our investigative partners who represent crime victims, conduct forensic and intelligence analysis, unearth civil frauds, protect taxpayer dollars, and combat greed and misappropriation of public funds. They all have critical roles to play in the justice mission, and they and their families make extraordinary sacrifices. We in the Vermont justice community know that nothing can be accomplished without teamwork, shared strategic thinking, and pooling of resources. We will continue to collaborate closely in furtherance of the mission. We are so proud to honor our partners in justice, especially at this time – the end of National Police Week – a week in which the entire nation honors the dedication, loyalty, and commitment of police officers across the country.

Each recipient received an award letter from U.S. Attorney Christina Nolan as well as an engraved Department of Justice award commemorating their outstanding efforts. They were joined by colleagues, family, and friends at today’s ceremony.

The Office of the United States Attorney for the District of Vermont stated that Betty Miller, 70, formerly of Shelburne, Vermont, pled guilty today to a one count superseding information charging her with knowingly possessing Ricin in violation of 18 U.S.C. §175b(c). Miller’s plea came pursuant to a plea agreement filed by the parties which includes a binding sentencing recommendation of time served with a recommendation for a three year term of supervised release to include placement at a secure mental health treatment facility. The Hon. Christina Reiss deferred acceptance of the plea agreement until a pre-sentence report can be prepared. Sentencing in this matter is set for September 6, 2018.

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 Richard Torruellas (a.k.a. “Scoob”), 23, of Jersey City, New Jersey, was sentenced today to 54 months imprisonment by United States District Court Chief Judge Geoffrey W. Crawford sitting in U.S. District Court in Rutland, Vermont. Chief Judge Crawford also sentenced Torruellas to a three-year period of supervised release by the U.S. Probation Office, which will begin when Torruellas is released from prison. Finally, the Court ordered the forfeiture of $3,349 of drug proceeds seized from Torruellas at the time of his arrest. Torruellas previously pled guilty to conspiracy to distribute heroin and cocaine base and agreed to a 54-month sentence. The maximum sentence for this crime is 20 years imprisonment.

According to court records, Torruellas distributed a significant amount of heroin and crack cocaine in Rutland County from October 2016 to March 16, 2017, when he was arrested. Torruellas distributed these drugs with codefendant Francesco Escribano (a.k.a. “Brisco”), 35, also from New Jersey. Torruellas and Escribano were known in Rutland County drug circles as the “Jersey Boys.” Escribano also pled guilty to the conspiracy but has not yet been sentenced.

According to the government, Torruellas and Escribano dealt some of their drugs while staying with codefendant Wayne Oddo who lived at Morse Hollow Road in Poultney. In exchange for Oddo letting them stay there, Torruellas and Escribano would give Oddo small, personal use amounts of drugs. When Oddo was arrested on March 15, 2017, he admitted that he moved the body of Alexandra Rooker, 26, who had overdosed a week earlier, to his shed and had not called anyone about her death.

According to the government, Torruellas and Escribano also periodically used the residence of Richard Webster on Harrison Avenue in West Rutland as a base station from which to deal heroin and cocaine base. Both Oddo and Webster previously pled guilty to violating the federal law, commonly referred to as the “crack-house statute,” which prohibits making available a place, such as a residence, 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 to begin after any term of imprisonment is served. Oddo and Webster are awaiting sentencing. Webster is participating in the Federal Drug Court program in Rutland.

These cases were 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 is prosecuting these cases on behalf of the United States. Richard Torruellas is represented by Robert Behrens, Esq. of Burlington. Wayne Oddo is represented by Steven Barth, Esq., of the Federal Public Defenders Office. Richard Webster is represented by David Williams, Esq. of Burlington.

This year, May 13-19 is National Police Week. During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in protecting our communities. In 1962, Congress enacted a joint resolution, which President John F. Kennedy signed, declaring May 15 as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice. According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017. Additionally, in 2017, there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts. Many will travel to Washington D.C. this week for a candlelight vigil at the National Memorial to honor fallen officers.

The United States Attorney’s Office would like to take the opportunity this week – as we should every day – to recognize the outstanding work of federal, state, local, and county law enforcement officers in Vermont. We are so very fortunate to live in the Green Mountain State. Vermont is an extraordinarily attractive place to reside, and that is due, in no small part, to the tireless efforts of officers at all levels of law enforcement to keep us safe. Quietly and consistently, they put themselves in harm’s way to protect their communities. They make decisions every day to stand on the front lines of our campaigns to combat violence, unlawful firearms activity, drug trafficking, and other dangerous crime. This is a tremendous daily sacrifice – on the part of officers, to be sure – but also on the part of their families and loved ones. We must never take for granted their sacrifices and their heroic work. We are especially gifted in our small state by the consistent collaborative efforts of law enforcement. Federal, state, local, and county officers come together in Vermont every day to promote public safety and common interest. They do not ask what’s in it for them, or who gets the glory; they are focused solely on protecting Vermonters.

We at the U.S. Attorney’s Office are proud of our strong and special relationships with law enforcement at all levels – federal, state, local, and county. We are committed to ensuring that we maintain partnerships with law enforcement officers at every level, and in every corner of the state. The U.S. Attorney’s Office also appreciates our strong partnerships with the Vermont Attorney General’s Office and the State’s Attorneys in each of Vermont’s fourteen counties. We recognize that these relationships are of the utmost importance, and we understand that Vermonters and the police are best served when prosecutors unite in support of law enforcement’s collaborative efforts.

The recent and disturbing spate of violent crime across the state – including homicides, shootings in populous areas, drug-related violence, and armed robberies – brings the heroic work of our law enforcement officers into stark relief. They are not only the first responders to these frightening events and those tasked with apprehending dangerous offenders, they also investigate and solve these serious crimes. The U.S. Attorney’s Office places a premium on supporting law enforcement efforts to combat violent crime in Vermont. We will work tirelessly with our law enforcement partners to bring violent offenders to justice. We have appointed an experienced, talented, and dedicated prosecutor, Assistant U.S. Attorney Wendy Fuller, – a Vermonter who previously served as a Deputy State’s Attorney, – to spearhead the USAO’s antiviolence campaign in Vermont. She is developing a statewide program designed to ensure that the USAO is deploying its resources and appropriately assisting federal, state, local, and county law enforcement in cases involving violence and unlawful firearms activity. Among other things, AUSA Fuller is helping to coordinate law enforcement efforts in violent crime cases; gathering intelligence concerning violent offenders; performing USAO intake in violent crime matters; and interfacing with State’s Attorneys regarding such matters. AUSA Fuller is also crisscrossing the state with an experienced ATF Special Agent, providing trainings to state, local, and county law enforcement officers and State’s Attorneys concerning federal laws relating to firearms and violence. We are committed to ensuring that state, local, and county law enforcement officers are aware of the resources and support that federal prosecutors and agents can provide in such cases.

There is no way to overstate the USAO’s support and gratitude for our law enforcement officers in Vermont. We thank you and your families and loved ones for your dedication and your sacrifice. Your commitment and service keep Vermonters safer every day and help to bring justice to those who would imperil the safety of our innocent citizens. We look forward to continuing to join in common cause to promote public safety. And we join you, during National Police Week and always, in honoring the injured and the fallen amongst your ranks.

The Office of the United States Attorney for the District of Vermont stated that Mark Triolo, 46, of Texas, has been charged by criminal complaint for violating the federal robbery statute.  Triolo is currently being treated at Dartmouth Medical Center in New Hampshire for gunshot wounds he sustained in connection with this incident.  It is expected that Triolo will make his initial appearance before U.S. Magistrate Judge John M. Conroy as soon as he is physically able to do so.  

According to court documents, on May 1, 2018, Triolo robbed the Small City Market in Vergennes at gunpoint and fled the store with approximately $6115 in cash.  At the time of this robbery, Triolo was wanted on a parole violation in Texas, and he was a suspect in a recent robbery in Queensbury, New York.  On the evening of May 4, 2018, law enforcement was notified of two more armed robberies: one at the Ascutney Sunoco gas station in Weathersfield and a second armed robbery at the Allen Brothers Farm Market in Westminster.  Based on information generated from the Vergennes robbery and the robbery in New York, law enforcement believed that Triolo was involved in the robberies.

On May 4, 2018, at approximately 20:41 hours, law enforcement encountered Triolo at a gas station in Brattleboro and attempted to take him into custody.  Triolo fled the scene at a high rate of speed.  Triolo was later located on the Black Mountain Road in Brattleboro.  Officers began to give verbal commands to Triolo ordering him to stop and show his hands.  Triolo did not respond to those commands and officers subsequently fired multiple rounds striking him.  Triolo was taken into custody with officers rendering medical aid until rescue personnel arrived.  A search of the vehicle driven by Triolo recovered a pellet gun which was similar in appearance to an actual semi-automatic pistol and similar to the weapon used in the Small City robbery.   

United States Attorney Christina E. Nolan emphasized that the charge against Triolo is merely an accusation, and that Triolo is presumed innocent unless and until he is proven guilty.  If convicted, Triolo faces up to twenty 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 Vermont State Police, the Vergennes Police Department, the Brattleboro Police Department and the Federal Bureau of Investigation.  It 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.  This case exemplifies local, state and federal law enforcement working together to make our neighborhoods safer. 

The prosecutor is Assistant U.S. Attorney Wendy G. Fuller.

The Office of the United States Attorney for the District of Vermont stated that Mark Russell (a.k.a. “Snake”), 60, of Duxbury, Vermont, has been charged, by indictment, with violating the federal “Crack House Statute,” which prohibits making available a place, such as a residence, for manufacturing, storing, distributing, or using any controlled substance (the statute is not limited to crack cocaine). The indictment alleges that Russell, who lives on Route 100 in Duxbury, made his residence available for the purpose of selling, manufacturing, storing, and using controlled substances.

This statute imposes a maximum sentence of twenty years imprisonment, up to a $500,000 fine, and up to three years of supervised release to begin after any term of imprisonment is served. The indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If convicted, the actual sentence will be advised by the Federal Sentencing Guidelines.

Upon the government’s motion for detention, on April 30, 2018, Magistrate Judge John Conroy ordered that Russell be detained pending trial, or at least until such time that the Federal Public Defender’s Office submitted an acceptable release plan, which could include drug rehabilitation.

This case is being investigated by the Vermont State Police, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Joe Perella. Russell is represented by Michael Desautels, Esq., of the Federal Public Defenders Office.

The Office of the United States Attorney for the District of Vermont stated that, on April 18, 2018, Richard Monroe, age 25, pleaded guilty in United States District Court in Rutland, Vermont, to possessing firearms in furtherance of his cocaine trafficking and to discharging a handgun and killing Kevin DeOliveira on January 2, 2015. At the time of his death, DeOliveira was 23 years old and enrolled at the University of Vermont. Specifically, Monroe pleaded to two federal crimes in front of Chief Judge Geoffrey Crawford. He admitted to conspiring with Zachery Hust and others to distribute over 500 grams of cocaine during the second half of 2014. He also pleaded guilty to a firearms charge that he carried, used and possessed firearms during, and in furtherance of, the cocaine conspiracy, and, in particular, that he discharged a handgun on January 2, 2015, resulting in the death of Kevin DeOliveira.

In court, Monroe admitted participating in the cocaine conspiracy. During 2014, Monroe regularly obtained quantities of cocaine from DeOliveira and redistributed part of that cocaine to various customers in the Burlington area. In late 2014, Hust joined the conspiracy. For example, Hust and Monroe planned to obtain a kilogram of cocaine to sell to a marijuana customer of Hust, though that deal never came to fruition. During 2014, the conspiracy involved well over 500 grams of cocaine.

Monroe also admitted carrying, using, and possessing firearms in furtherance of this cocaine conspiracy. In 2014, the defendant possessed several firearms, including two handguns, a Glock and a Browning Buckmark .22. He regularly carried the Glock or displayed it in his residence when distributing cocaine. Monroe also admitted shooting DeOliveira and killing him on January 2, 2015. In late 2014, Monroe had a financial dispute with DeOliveira over several ounces of cocaine that had been damaged. DeOliveira claimed that the defendant owed him several thousand dollars for the cocaine. Monroe disputed this debt. On the morning of January 2, 2015, Monroe approached the door of DeOliveira's residence at 58 Green Street in Burlington. When DeOliveira opened the door of his apartment, the defendant discharged his Browning Buckmark .22 pistol, firing one bullet into DeOliveira’s eye. This shot killed Kevin DeOliveira.

The charges Monroe pleaded guilty to carry a mandatory minimum of 15 years, with a maximum sentence of life. Monroe, however, pleaded guilty pursuant to a binding plea agreement in which the parties agreed to a sentence of 25 years in prison. The court accepted the plea but deferred acceptance of the plea agreement until after the court’s consideration of the presentence investigation by the United States Probation Office. If the court rejects the plea agreement, Monroe will have the option of withdrawing his guilty plea.

The arrest of Monroe was the culmination of a multi-agency investigation that began in early 2015. The collaborative effort was led by the Burlington Police Department, U.S. Marshal Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Chittenden County State’s Attorney’s Office also assisted extensively with the investigation of the case, particularly in its early stages.

U.S. Attorney Christina E. Nolan commended the extraordinary investigative work of the Burlington Police Department and the ATF and the contributions of the Chittenden County State’s Attorney’s Office. She stated: “this was a dogged investigation involving local and federal law enforcement and local and federal prosecutors that spanned years and entailed extensive cooperation. I commend the top-notch team effort that resulted, finally, in justice for the victim’s family and closure for them and our community. This kind of senseless violence in connection with the drug trade is abhorrent and we will continue to come together to put a stop to it. Those who would use violence, or carry or discharge firearms, to further their drug business, must understand that law enforcement will unite and work tirelessly to show zero tolerance and achieve justice. You will be priority targets for federal prosecution.”

State’s Attorney Sarah George commented: “Our office is extremely grateful to the many agencies who played a part in the investigation, prosecution, and resolution of this heinous and senseless murder. We are incredibly relieved that both justice and closure have finally come for Mr. DeOliveira and his family.”

“We will investigate this city’s homicides until every lead is exhausted or an arrest is made, and we are reassured by the knowledge that our partners in the US Attorney’s office are just as determined and relentless,” said Brandon del Pozo, Burlington’s Chief of Police. “The city owes a debt of gratitude to this top-notch team of detectives and prosecutors. They have given closure to the family of the victim and made sure justice was served to Mr. Monroe.”

United States Attorney Christina E. Nolan and Assistant United States Attorney Paul J. Van de Graaf are prosecuting the case. Monroe is represented by Attorneys Mark Kaplan and Natasha Sen.

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 today that Leon Russell, 36, of Castleton was sentenced to five years imprisonment by Chief Judge Geoffrey Crawford in U.S. District Court in Rutland. Judge Crawford also sentenced Russell to three years supervised release, which is a period of supervision by the U.S. Probation Office, which will begin upon Russell’s release from prison.

According to court records, Russell previously pled guilty to possession of a firearm by a felon and distributing heroin. The firearm charge stems from Russell’s theft of a .380 caliber Bersa semiautomatic pistol from a vehicle parked in a Fair Haven driveway on December 6, 2016. Later that day, Russell traded that firearm in exchange for four small bags of heroin from another heroin dealer in the Walmart parking lot in Rutland. The firearm was subsequently recovered. Russell was disqualified from possessing a firearm under federal law because he was previously convicted of a 2009 burglary of American Legion Post #50 in Castleton, Vermont. Possession of a firearm by a felon is subject to a maximum sentence of ten years. Federal law also makes it a crime to knowingly possess a stolen firearm, regardless of whether a person has a prior felony conviction. This offense is also subject to a maximum ten years imprisonment.

The heroin offense to which Russell also pled guilty, concerned Russell’s sale of a bundle of heroin (ten small bags) in Castleton on May 27, 2015. The maximum sentence for this offense is twenty years.

In July 2017, with the support of the U.S. Attorney’s Office, the Court released Russell from jail to allow him to participate in residential drug rehabilitation and then the Federal Drug Court program in Rutland. If Russell had successfully completed the Drug Court program he would have received no further jail time; that is, a time-served sentence. In November 2017, however, Judge Crawford revoked Russell’s conditions of release based on the government’s allegations that Russell had resumed distributing heroin and crack cocaine and that he had continued to use drugs while in Drug Court.

At sentencing, the government argued that instead of proving through Drug Court that he could be trusted to be a law-abiding citizen, Russell proved just the opposite; that is, he remained a danger to the community. In sentencing Russell to 60 months imprisonment, Judge Crawford emphasized the potential dangerous consequences of trading guns for drugs.

U.S. Attorney Christina E. Nolan commended the collaboration of federal and local law enforcement in the investigation and prosecution of Russell, citing specifically the substantial contributions of the Fair Haven and Rutland Police Departments and the DEA and ATF. She added, “trading firearms to drug dealers is inherently dangerous and creates an unacceptable public safety risk. The U.S. Attorney’s Office will work closely with our law enforcement partners to prioritize identification and prosecution of those who mix unlawful firearms activity with the drug trade. Further, federal prosecutors will pursue appropriate sanction for those who brazenly violate Court orders, as occurred in this case.”

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 the Bureau of Alcohol Tobacco, Firearms and Explosives, 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: http://www.projectsafeneighborhoods.gov/

This case was investigated jointly by the Vermont State Police Drug Task Force, the Fair Haven Police Department, the Rutland Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This matter was prosecuted by Assistant U.S. Attorney Joe Perella. Russell is represented by Richard Bothfeld, Esq. of Burlington.

The U.S. Attorney’s Office for the District of Vermont and the Justice Department’s Civil Rights Division hosted a roundtable on Wednesday, April 11, for community organizations, U.S. Attorney Christina Nolan announced.

The Department of Justice, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often affects the most vulnerable populations – single mothers, women who are financially unstable, and women who have suffered sexual violence in their past.

This week’s event included state and local government agencies, legal service providers, non-profits, fair housing organizations, and shelters and transitional housing providers. Each organization was invited because they often work with Vermont’s most vulnerable populations, who could also become victims of sexual harassment in housing.

“For landlords, property managers, or others to take advantage of a person’s vulnerability by premising their access to housing on sex or sexual harassment is unconscionable,” U.S. Attorney Nolan said. She noted that “our federal civil rights laws are designed to protect people against terrible abuses, and it is part of the job and mission of this office to make sure those laws are enforced.”

In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment Initiative, an effort to combat sexual harassment in housing. The U.S. Attorney’s Office for the District of Vermont is collaborating with the Civil Rights Division to spread the word about options to help victims experiencing sexual harassment. Because victims may not be aware that the conduct they have experienced violates the Fair Housing Act or may not know where to turn, the U.S. Attorney’s Office and Department of Justice hope to collaborate with community organizations in Vermont to raise awareness and help victims report abuse.

The Justice Department brings cases each year involving egregious conduct, including allegations that defendants have requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures. In 2017, the Justice Department recovered more than $1 million in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities. Many instances of sexual harassment in housing continue to go unreported.

The Roundtable was coordinated by Jules Torti of the U.S. Attorney’s Office for the District of Vermont and Lauren Marks of the Housing and Civil Enforcement Section of the Civil Rights Division of DOJ.

The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts – both among victims and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help victims quickly and easily connect with federal resources. The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Division by calling (844) 380-6178 or emailing: fairhousing@usdoj.gov.

Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office by filling out the Complaint Form, which can be found at https://www.justice.gov/usao-vt.

Public Service Announcement Transcript

On April 11, 2018, United States Attorney Christina E. Nolan will testify at a hearing before the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism. Her remarks, titled “Defeating Fentanyl: Addressing the Deadliest Drugs Fueling the Opioid Crisis,” are scheduled to begin at 2:30 p.m. Eastern Daylight Time.

The Office of the United States Attorney for the District of Vermont announced that Andre Terrell, aka “Buzzo,” of the Bronx, New York, was sentenced today for conspiracy to distribute over 100 grams of heroin, over 28 grams of cocaine base, and fentanyl.  United States District Judge Christina Reiss sentenced Terrell to a 190-month term of imprisonment, followed by an 8-year term of supervised release, and ordered Terrell to forfeit $60,000 of criminal proceeds derived from the drug conspiracy. 

According to Court records, Terrell was the primary supplier of heroin, fentanyl, and cocaine base to a Vermont-based drug distribution organization that operated from approximately March of 2015 to August of 2016.  Although Terrell’s primary role was the supplier for the organization, Terrell made frequent trips to Vermont, and functioned as a manger and supervisor of the organization.  Terrell admitted to importing over a kilogram of heroin into Vermont during the course of the conspiracy.  Addicted couriers transported the drugs from Terrell’s apartment in the Bronx to Terrell’s codefendants in Chittenden County and elsewhere.  At times, the drugs sent to Vermont by Terrell were pure fentanyl, which the organization packaged and distributed to Vermont drug users, leading to at least two nonfatal overdoses of Milton residents.  Further, Terrell and his codefendants knowingly used the Winooski apartment of a senior citizen as a stash location for over 100 grams of heroin, and provided this public-housing tenant heroin in exchange for the use of the residence to package drugs for distribution. 

At the sentencing hearing, Judge Reiss found that the multiple firearms possessed by Terrell’s codefendant were foreseeable to defendant Terrell.  Judge Reiss also found by a preponderance of the evidence that defendant Terrell used violence during the commission of his drug offense.  Specifically, Judge Reiss found that defendant Terrell had sexually assaulted at gunpoint a female drug courier, as retribution for the courier’s theft of drugs.  Judge Reiss also found pursuant to the United States Sentencing Guidelines that defendant Terrell’s criminal history warranted application of the career offender provisions in the Sentencing Guidelines.  Terrell’s prior convictions include a 1999 firearms conviction stemming from Terrell having pointed a loaded handgun at an NYPD officer; a 1999 drug conviction stemming from Terrell selling cocaine base to an undercover police officer; and a 2008 assault conviction for intentionally shooting a man in the leg.

Terrell’s arrest on March 16, 2017 was the culmination of a coordinated operation that involved numerous federal, state, and local agencies in the states of Vermont and New York. In total, law enforcement seized over 350 grams of heroin, over 70 grams of cocaine base, a .45 caliber Ruger semi-automatic pistol, and over $11,000 cash from Terrell and coconspirators. The investigation resulted in the indictment of Terrell along with nine coconspirators.  Coconspirator Evan “Red” Harris was previously sentenced to a 151 month term of incarceration for his role in the drug conspiracy and possession of firearms in furtherance of the conspiracy.  Coconspirator William Edward Harris was previously sentenced to a 60 month term of imprisonment for his role in the drug conspiracy.  Coconspirator Troy Washington was sentenced to a term of 44 months for his drug activities.  Coconspirator Sarah Larock was sentenced to a term of 18 months imprisonment for her role in the drug conspiracy.

United States Attorney Christina E. Nolan commended the collaborative investigation of the Federal Bureau of Investigations; the Vermont Drug Task Force; the Vermont State Police; the Drug Enforcement Administration; the New York State Police; the Shelburne Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Milton Vermont Police Department and the Burlington Vermont Police Department, in the successful arrest and prosecution of Terrell and his coconspirators.  She stated: 

This case represents the intersection of several of the USAO’s top priorities.  We will aggressively and relentlessly investigate and prosecute those who deal dangerous drugs for profit, especially fentanyl, which is killing Vermonters at an increasing and alarming rate.  Be on notice that, if you sell fentanyl in Vermont in any quantity, you are a potential target for federal prosecution.  Further, the USAO will continue to prioritize charging those who are involved in unlawful gun activity and those who use violence – in all contexts.  Such conduct is intolerable and poses great risks to innocent members of the public.  We will especially focus on bringing justice to drug dealers who viciously abuse addicts in the name of profit.  Finally, this case underscores the success of the Vermont model of cooperation across federal, state, and local law enforcement agencies and with our counterparts in neighboring states.  We will continue to collaborate at all levels of law enforcement toward our public safety goals.  The important results we can achieve when we work in close concert are on display in this case.             

Milton Police Chief Steven Laroche stated, “because of the cooperation between local, state and federal law enforcement partners this significant case concluded in a conviction. This illicit drug activity resulted in numerous overdoses, one of which was a pregnant woman. This drug network plagued our community with increased crime which declined after arrests. I commend the combined effort of all agencies involved.”

Terrell was represented by Scott Brettschneider, Esq, and Mark Kaplan, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.

The Office of the United States Attorney for the District of Vermont stated that on March 22, 2018, Travis Barrow, 31, was sentenced to 96 months in federal prison after his guilty plea to the charge of possession with intent to distribute more than 28 grams of cocaine base. United States District Court Judge Geoffrey W. Crawford also ordered that Barrow serve four years of supervised release after his prison term.

According to court records, during April and May of 2017, Barrow sold cocaine base to an informant on three separate occasions. When a federal search warrant was executed at his Burlington residence, law enforcement located more than 100 grams of cocaine base and more than $6,000 of U.S. currency. Barrow has been in federal custody since the time of his arrest.

For his crimes, Barrow faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. The government and the defense agreed that a 96-month prison sentence was appropriate. In imposing that sentence, Judge Crawford considered a number of factors, including the severity of the offense, the harm drugs have caused the Vermont community, and Barrow’s criminal record, which included four felony drug convictions.

United States Attorney Christina E. Nolan commended the efforts of the Burlington Police Department and the Milton Police Department for their collaborative investigation of this case.

The prosecution was handled by Assistant U.S. Attorney Nate Burris. Barrow was represented by Federal Public Defender Michael Desautels.

The United States Attorney’s Office and the Swanton Sector of the United States Border Patrol announce that Carmen Melari Ferrufino Perdomo, 28, a naturalized U.S. citizen who lives in North Carolina, appeared today in United States District Court in Burlington on a charge that she transported six illegal aliens within the United States. U.S. District Judge Christina Reiss released the defendant on conditions pending her next court hearing in early April.

According to the criminal complaint that was filed today, on the early morning of March 18, 2018, Border Patrol officers noticed six people walking into the United States from Canada on Rainville Road, in Highgate, Vermont. Shortly after a white SUV was observed travelling towards the border along Rainville Road, Border Patrol officers saw a white Ford SUV travelling south, away from the border, along Rainville Road. Border Patrol stopped the white SUV, which was driven by the defendant. Border Patrol identified six undocumented persons from Mexico in the car as well. The defendant had flown to Burlington, Vermont on March 17, 2018, and rented the white Ford claiming that it would be returned on March 18, 2018 in New York. The Mexican citizens admitted entering the United States that night.

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

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

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.

Ferrufino Perdomo was represented at today’s hearing by Federal Public Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Paul Van de Graaf.

The Office of the United States Attorney for the District of Vermont stated that Colin Germain, 20, of New Haven, Vermont has been indicted on charges for distribution of child pornography and assault on a federal officer. Germain was charged via criminal complaint and made his initial appearance in the United States District Court in Burlington on March 9, 2018. He was subsequently indicted by a federal grand jury. In a hearing before United States Magistrate Judge John M. Conroy on March 16, 2018, Germain was arraigned on the indictment and ordered released on conditions pending trial, which has not been scheduled.

According to Court documents, on August 2, 2017, Germain sent another individual an email containing video file depicting a female child engaging in sexually explicit conduct. Law enforcement identified the Internet Protocol (IP) address associated with the email account that sent the video, then traced the IP address to Germain’s New Haven address and obtained a warrant to search the location. Federal, state, and local officers executed the warrant on November 7, 2017. During their search of the residence, Germain became argumentative and kicked a Homeland Security Investigations Special Agent.

United States Attorney Christina Nolan emphasizes that the charges against Germain are merely accusations and that he is presumed innocent unless and until he is proven guilty. If convicted, Germain faces a sentence of five to twenty years in prison on the child pornography charge and up to eight years in prison on the assault charge. The actual sentence would be determined with reference to the federal sentencing guidelines.

United States Attorney Nolan commended the efforts of Homeland Security Investigations, the Vermont State Police, the Vermont Internet Crimes Against Children Task Force (ICAC), and the Bristol Police Department. 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.

The prosecutor in this matter is Assistant U.S. Attorney Nicole Cate. Germain is represented by Federal Public Defender Elizabeth Quinn.

The Office of the United States Attorney for the District of Vermont stated that Lawrence A. Griffen, Jr., age 50, of Williamstown, Vermont, was sentenced to a year in jail today by Judge William K. Sessions, III, in U.S. District Court in Burlington. Griffen was arrested last summer by agents with the Bureau of Alcohol, Tobacco and Firearms, after he sold five guns to an undercover agent in three transactions. Griffen has prior felony convictions in both federal and State court, arising out of transactions involving motor vehicles. In November, 2017, he pleaded guilty to one of the transactions, in which he sold a semi-automatic pistol.

At sentencing before Judge Sessions today, Griffen urged that he had multiple physical impairments requiring regular medical care. He proposed a sentence of home detention. Judge Sessions pointed out that Griffen had received probationary terms from State of Vermont courts in 2013 and 2014, but had gone on to commit the federal firearms offense in 2017. Ultimately the court downwardly varied from the 24 – 30 month term of imprisonment calculated under the U.S. Sentencing Guidelines, and imposed a term of 12 months and a day. Judge Sessions ordered Griffen to surrender to the Bureau of Prisons to begin serving his sentence on April 10. The court ordered him to surrender to the Federal Medical Center in Devens, Massachusetts, a federal prison for persons with significant medical issues. Judge Sessions also imposed a two-year term of supervised release to begin upon release from prison, along with a $100 special assessment.

Griffen was represented by Attorney Kevin Henry of Burlington. 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 today that three Rutland County residents have pled guilty in three separate cases to violating the federal “crack-house” statute. The convictions arise from the defendants’ conduct in hosting out-of-state heroin dealers in their residences. Sheri Fitzgerald, 54, of Rutland; Wayne Oddo, 54, of Poultney; and Richard Webster, 60, of West Rutland, have all pled guilty to the federal law, commonly referred to as the “crack-house statute,” which prohibits making available a place, such as a residence, 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 to begin after any term of imprisonment is served.

These three cases represent a renewed commitment by the U.S. Attorney’s Office to deter Vermont residents from assisting larger-scale out-of-state drug dealers by providing them with a local shelter or “base camp” for their drug trafficking operations in Vermont. Often, the individuals who house the out-of-state dealers are themselves addicts who receive payment in the form of drugs.

U.S. Attorney Christina Nolan stated:

“The heroin crisis in Vermont requires a multi-faceted law enforcement approach aimed at reducing supply, which will complement statewide efforts to reduce demand through prevention initiatives and by making drug treatment more accessible to addicts. As part of our continued vigorous prosecutions of large-scale drug dealers, it is also necessary to target those Vermont residents who enable out-of-state dealers by providing them with in-state bases of operation – that is, a place to stay, to store their product, and to conduct drug trafficking activities. Oftentimes, these Vermont facilitators will host a succession of out-of-state drug dealers, and perform drug deliveries to their customers. Vermonters who engage in this conduct play an essential role in larger drug trafficking organizations and contribute substantially to the overall opioid epidemic by helping suppliers avoid detection, connecting them with customers, and reducing their cost of doing business in the Green Mountain State. Facilitators must understand that such conduct will be met with felony charges. Indeed, prosecuting the in-state hosts and shutting down drug safe houses is a critical component of our strategy to dismantle drug pipelines and create a hostile environment for those who profit from the opioid addiction epidemic. 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, the U.S. Attorney’s Office may also utilize federal forfeiture law to seize and forfeit the property.”

According to court documents:

Sheri Fitzgerald lived in a Granger Street apartment in Rutland City in March 2016. At that time, she allowed an out-of-state heroin dealer to stay at her residence for multiple days. This dealer stored heroin in her residence and sold it from her residence. Fitzgerald assisted him by arranging and completing these drug sales. She received heroin in exchange for letting this drug dealer stay at her apartment.

Wayne Oddo lived at Morse Hollow Road in Poultney in the winter of 2016-17. At that time, he allowed Richard Torruellas (a.k.a. “Scoobs”) and Francesco Escribano (a.k.a. “Brisco”), also known as the Jersey Boys, to stay there overnight on multiple occasions. Oddo knew at the time that both of these individuals were distributing heroin and crack cocaine in Rutland County. They also occasionally sold these drugs at Oddo’s residence. In exchange for letting them stay there, the Jersey Boys would give Oddo small, personal use amounts of drugs. When Oddo was arrested on March 15, 2017, he admitted that he moved the body of Alexandra Rooker, who had overdosed a week earlier, to his shed and had not called anyone about her death. Her body was subsequently recovered from the property. During the execution of a federal search warrant, the ATF seized eight firearms (four shotguns and four rifles) from Oddo’s residence. The U.S. Attorney’s Office has worked in close concert with Rutland County State’s Attorney Rose Kennedy and her office, which is also prosecuting Oddo in a case relating to the death of Alexandra Rooker.

Richard Webster lived on Harrison Avenue in West Rutland in the winter of 2017. At that time, he allowed Torruellas to stay at his residence during the daytime. Torruellas stored his heroin and cocaine base and coordinated his trafficking from Webster’s residence during the daytime, and would often stay at Oddo’s residence in Poultney at night. Webster received heroin from Torruellas. Torruellas and Escribano recently pled guilty to a conspiracy to distribute heroin and crack cocaine and agreed to a 54-month sentence.

During the pendency of their cases, after relatively short periods of incarceration, the Court allowed all three defendants to be released into residential drug treatment programs to address their respective substance abuse issues. In addition, the U.S. Attorney’s Office has recommended that Webster and Fitzgerald participate in the Federal Drug Court program in Rutland. The Rutland Federal Drug Court program offers treatment and rehabilitation under the supervision of the Court. Defendants who succeed in this one-year program are eligible for a probationary sentence in lieu of additional imprisonment. U.S. Attorney Nolan emphasized the importance of the Drug Court as a mechanism for promoting treatment and recovery for appropriate federal defendants, with the involvement of the U.S. Attorney’s Office, the United States District Court, and the United States Probation Office. The sentencings for Webster and Fitzgerald are postponed until after their participation in the Drug Court program. The sentencing for Wayne Oddo is scheduled for July 5, 2018 at the U.S. District Court in Rutland.

“ATF will continue to work with its federal, state and local law enforcement partners by detecting and stopping the illegal flow of narcotics which jeopardize the safety of our communities,” said Acting Special Agent in Charge Larry Panetta.

Rutland Police Chief Brian Kilcullen added, “The pleas announced today should send a strong message to those who engage in any capacity in the illicit drug trade that they will be held accountable for the social harm they bring to our community. This collaboration of local, state, and federal law enforcement agencies ensures those responsible for such harm to our city will be prosecuted using all available resources to ensure the most appropriate outcome for all involved. The City of Rutland thanks U.S. Attorney Nolan, her staff, the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rutland State’s Attorney Office for their commitment to combatting the heroin crisis in Vermont.”

These cases were investigated at the federal level 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. Attorneys Nicole Cate and Joseph Perella are prosecuting these cases on behalf of the United States. Sheri Fitzgerald is represented by John-Claude Charbonneau, Esq. of Rutland. Wayne Oddo is represented by Steven Barth, Esq. of the Federal Public Defenders Office. Richard Webster is represented by David Williams, Esq. of Burlington.

The Office of the United States Attorney for the District of Vermont stated that Rashad Nashid, 38, of Burlington, VT, made his initial appearance today in the United States District Court in Burlington, following his arrest for being a felon in possession of a firearm. U.S. Magistrate Judge John M. Conroy detained Nashid pending trial.

According to court documents, in the early morning hours of February 26, 2018, outside of Nectars and Esox on Main Street in Burlington, the defendant, a convicted felon, was approached by an unknown male he knew from an altercation approximately one year prior. The defendant pulled out a gun and shot at the male in order to make the male “back down.” The bullet instead struck an innocent bystander who happened to be standing on the sidewalk near the defendant. The bystander was taken to the UVM Medical Center where she remains. The defendant was arrested a short time later and found in possession of the firearm. The defendant has multiple previous felony convictions in New Jersey.

The United States Attorney, Christina E. Nolan, emphasized that the charge against Nashid is merely an accusation and that the defendant is presumed innocent unless and until his is proven guilty.

If convicted, the defendant faces up to ten years of imprisonment and a fine of up to $1,000,000. The actual sentence would be determined with reference to federal sentencing guidelines.

The case is being investigated by the Burlington Police Department and the Bureau of Alcohol, Firearms, Tobacco and Explosives. Nashid is represented by the Federal Public Defender’s Office. The prosecutor is Assistant U.S. Attorney Wendy G. Fuller.

The United States Attorney’s Office for the District of Vermont announced today that Brattleboro Memorial Hospital, Inc. (BMH) has paid $1,655,000 to the United States and the State of Vermont to resolve civil claims that BMH violated the federal False Claims Act, 31 U.S.C. § 3729, and the Vermont False Claims Act, 32 V.S.A. § 630, by knowingly presenting, or causing to be presented, false claims for payment to Medicare and Medicaid. The money will be divided between the federal Medicare, federal Medicaid, and Vermont Medicaid programs to which BMH submitted the alleged false claims.

BMH is a not-for-profit community hospital located in southeastern Vermont whose services include out-patient laboratory work. On February 5, 2016, relator Amy Beth Main filed a complaint against BMH under the qui tam provisions of the federal False Claims Act. The United States Attorney’s Office for the District of Vermont intervened in that action on February 22, 2018 after having investigated and resolved the matter. The government contends that from approximately January 2012 through September 2014 BMH knowingly submitted or caused to be submitted a number of outpatient laboratory claims lacking documentation necessary to support reimbursement by Medicare and Medicaid.

“Health care providers doing business in Vermont need to have systems in place to ensure that the claims they submit for taxpayer reimbursement are valid under the governing rules and regulations,” said United States Attorney Christina E. Nolan. “We will hold accountable those who knowingly or recklessly bill the government for health care services without proper documentation to support their claims.”

The settlement announced today resolves the foregoing allegations without the need for further litigation. Pursuant to the settlement agreement, the settlement and payment are neither an admission of liability by BMH, nor a concession by the United States or State of Vermont that their claims are not well founded.

This matter was investigated by the United States Attorney’s Office for the District of Vermont, with assistance from the Office of the Inspector General of the Department of Health and Human Services, and by the Medicaid Fraud and Residential Abuse Unit of the Vermont Attorney General’s Office. Assistant United States Attorney Owen C.J. Foster handled the matter on behalf of the United States. Vermont Assistant Attorney General Steven J. Monde of the Medicaid Fraud and Residential Abuse Unit represented the State of Vermont. Norman Watts represented relator Amy Beth Main. Kevin Henry and Anne Cramer of the law firm Primmer Piper Eggelston & Cramer, PC represented BMH.

The Office of the United States Attorney for the District of Vermont announced that Josiah Leach, 19, of South Burlington, Vermont, appeared today before the Honorable Geoffrey W. Crawford for sentencing. Leach previously pled guilty to sending threats in interstate commerce that terrorized students and faculty at South Burlington High School in April 2017. Leach, who was first arrested on April 21, 2017, has been in custody for a total of approximately three months and ten days since the initial charges were filed.

Following argument from both parties and a statement by Leach, Chief Judge Crawford imposed a sentence of five years of probation. Judge Crawford commented on the seriousness of the harm caused by Leach’s threats, but noted that Leach also possessed the capacity to redirect his life in a more positive direction.

Under the terms of his release, Leach is forbidden from having any contact with the individuals he listed on a “kill list” at the time of the offense. He is also required to engage in mental health and substance abuse treatment as needed, and will be prohibited from coming within 500 feet of the South Burlington High School complex. Leach’s computer use will be subject to monitoring by the United States Probation Office and he will be required to meet with Judge Crawford every six months.  As a convicted felon, Leach is prohibited from purchasing or possessing firearms. If Leach violates any condition of his release, he will be subject to resentencing on the underlying offense, exposing him to a term of up to five years of incarceration.

U.S. Attorney Christina E. Nolan thanked the FBI, the South Burlington Police, and the Vermont State Police for their rapid, collaborative response in April 2017, their efficient identification of Leach as the perpetrator, and their continuous support throughout the investigation. Nolan also recognized David Young, Superintendent of South Burlington Schools, and Pat Burke, Principal of South Burlington High School, for their leadership during and in the aftermath of Leach’s crime.  She stated, “no child or employee should ever have to fear for their safety, especially not in an educational setting.  Law enforcement at all levels will continue to work together to prioritize combatting violent crime and bringing swift justice to those who would strike terror in our educational institutions.  Children are our future, and law enforcement agencies will continue to collaborate with each other and our community leaders to protect them and their schools.” 

Leach was represented by Assistant Federal Public Defender Elizabeth Quinn. AUSAs Michael Drescher and Eugenia A. P. Cowles represented the United States.

The Office of the United States Attorney for the District of Vermont stated that Matthew Hinton, 28, most recently of Orwell, Vermont, has been sentenced by U.S. District Court Judge Christina Reiss to 84 months of imprisonment for an armed robbery of the Maplefields convenience store in Fair Haven, which occurred on September 30, 2015. The defendant previously pled guilty to this robbery, as well as possessing a stolen firearm, which he stole during a burglary in Orwell, Vermont, a couple days prior to the robbery.

Judge Reiss also sentenced Hinton to three years of supervised release, which will follow his prison sentence. Finally, Judge Reiss ordered Hinton to pay $2,150 in restitution to the Orwell burglary victims and $200 in restitution to Maplefields.

According to the facts stipulated to by Hinton, on September 28, 2015, Hinton burglarized a home on Daigneault Hill Road in Orwell, Vermont and stole, among other items, a Ruger .357 caliber revolver. On September 30, 2015, at about 2:30 A.M., the defendant entered the Maplefields convenience store in Fair Haven, Vermont and pointed the Ruger revolver at the store clerk in a threatening manner and demanded that she open the cash register drawer, which she did. The defendant then took $80 of cash from the cash register. The defendant ordered the store clerk to hand him two cartons of cigarettes from behind the counter and she complied. The defendant then told her to get on the floor and stay down on the floor or there would be problems. According to court records, the store clerk still suffers from PTSD from the armed robbery.

Hinton was initially arrested on September 30, 2015 on state charges. The state charges against him include charges brought by the Addison County State’s Attorney for three other burglaries in the Orwell and Shoreham area committed by Hinton on September 28, 2015. Hinton recently pled guilty to these charges and was sentenced to 4-10 years of incarceration. In addition, Hinton has a pending state charge for escape from custody (furlough) in Rutland County brought by the Rutland County State’s Attorney.

Hinton will not receive credit on the federal sentence for the prior time he has spent in state custody, which has been continuous since September 30, 2015. In other words, Hinton did not start receiving credit for his 84-month federal sentence until February 6, 2018, the day of his federal sentencing. At that point, his federal sentence and state sentences will run concurrently.

U.S. Attorney Christina 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 the Bureau of Alcohol Tobacco, Firearms and Explosives, 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: www.projectsafeneighborhoods.gov

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fair Haven Police Department, and the Vermont State Police. The case was prosecuted by Assistant U.S. Attorney Joseph Perella. Hinton is represented by David McColgin of the Federal Public Defender’s Office.

The Office of the United States Attorney for the District of Vermont announced that Evan “Red” Harris, 34, of Burlington, Vermont, was sentenced yesterday for possession of a firearm in furtherance of drug trafficking; and conspiracy to distribute fentanyl, over 100 grams of heroin, and over 28 grams of cocaine base. United States District Judge Christina Reiss sentenced Harris to a 91-month term of incarceration for the drug conspiracy, and a consecutive 60-month term of incarceration for the firearm offense, resulting in a total 151-month term of incarceration.

According to Court records, Harris was the primary Vermont-based drug distributor in the organization and perpetuated a long-running and violent conspiracy that imported over a kilogram of opiates into the Chittenden County area. Harris and his coconspirators employed Vermont drug users to regularly transport cash southbound to the Bronx and regularly bring more than 100 grams of heroin and fentanyl northbound to Vermont. Harris and others working with him then distributed the drugs to customers in Chittenden County and elsewhere. At times, Harris and others acting on his behalf sold pure fentanyl to local drug users, leading to at least two overdoses at a Milton residence. Further, Harris utilized the Winooski apartment of a senior citizen as a stash location for over 100 grams of heroin and provided this public housing tenant heroin in exchange for the use of the residence to package drugs for distribution. Finally, Harris traded heroin for a firearm on at least one occasion, and regularly displayed a firearm while distributing controlled substances.

Harris’ arrest on August 25, 2016 was the culmination of a coordinated operation that involved numerous federal, state, and local agencies in the states of Vermont and New York. In total, law enforcement seized over 350 grams of heroin, over 70 grams of cocaine base, a .45 caliber Ruger semi-automatic pistol, and over $11,000 cash from Harris and coconspirators. The investigation resulted in the indictment of Harris along with nine coconspirators, including Harris’ drug supplier Andre “Buzzo” Terrell. Terrell has pleaded guilty to conspiracy to distribute 100 grams or more of heroin and is awaiting sentencing.

United States Attorney Christina E. Nolan commended the investigative efforts of the Federal Bureau of Investigations; the Vermont Drug Task Force; the Vermont State Police; the Drug Enforcement Administration; the New York State Police; the Shelburne Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Burlington Vermont Police Department, in the successful arrest and prosecution of Harris.

Harris was represented by Bradley S. Stetler, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.

The United States Attorney’s Office and the Swanton Sector of the United States Border Patrol announce that Irvin Munoz-Diaz, 23, a citizen of Mexico who now lives in Canada, and Candido Emanuel Noriega-Quezada, 20, a Guatemalan citizen who lives in Rhode Island, appeared yesterday in United States District Court in Burlington on a charge that they conspired to smuggle and transport five illegal aliens into and within the United States. U.S. Magistrate Judge John M. Conroy released Noriega-Quezada on conditions but ordered that Munoz-Diaz be detained pending further proceedings on February 7.

According to the criminal complaint, on the evening of February 2, agents at the Beechers Falls Border Patrol station learned that a group of persons were entering the United States from Canada, near an area known as Peewee’s fence line in Canaan. Agents followed footprints in the snow that appeared to have come from Canada. Agents found six people, including the defendant Munoz-Diaz, hiding in the snow and tree brush. Five of those persons were citizens of Romania who have no status in the United States and who were going to pay to be smuggled across the border into the United States.

About one-half hour after the aliens were intercepted, other agents encountered the defendant Noriega-Quezada driving a car with Rhode Island license plates near Peewee’s fence line. Investigation showed that Noriega-Quezada had been in cellphone contact with Munoz-Diaz and had been recruited to meet up with Munoz-Diaz in Vermont, pick up the aliens and drive them back to Rhode Island. For his efforts, Noriega-Quezada was to be paid $1000.

The United States Attorney emphasizes that the charge in the complaint is merely an accusation, and that the defendants are presumed innocent unless and until they are proven guilty.

If convicted, the defendants face up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.

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.

Munoz-Diaz is represented by Federal Public Defender Michael Desautels and Noriega-Quezada is represented by David Watts. The prosecutor is Assistant U.S. Attorney Gregory Waples.

The United States Attorney for the District of Vermont announced that Susan Blaue, 39, of Bridgewaters Corners, was sentenced today in United States District Court in Burlington to two years of probation following her guilty plea to a federal forgery charge. U.S. District Judge William K. Sessions III also ordered that Blaue serve three months of home confinement, perform 100 hours of community service and pay restitution totaling $94,736.20.

On March 29, 2017, a federal grand jury in Rutland returned a three count indictment charging Blaue with forgery, mail fraud and credit card fraud. According to the indictment, between 2012 and early 2015, Blaue was employed by ABLE Waste Management and two related companies in Plymouth. Beginning in early 2013, Blaue served as a bookkeeper for the companies, handling accounts receivables and payables and the companies’ payroll. Although she did not have check signing authority on the companies’ accounts, she did have access to a signature stamp of the companies’ owner, who was a signer.

According to the indictment, beginning in approximately April 2013 and continuing through the end of her employment in January 2015, Blaue stole approximately $130,000 from ABLE Waste Management and the related companies. Blaue did this by issuing many checks to herself without authorization, forging the owner’s signature on the checks or using the signature stamp without permission, then depositing the checks into her own bank account. Blaue also used company funds to pay her personal bills, and used ABLE credit cards to make purchases for herself. In addition, Blaue used company funds to pay the rent on the company-owned house she lived in while employed by ABLE.

Blaue pled guilty to the forgery charge last fall.

This case was investigated by the United States Secret Service and the Windsor County Sheriff’s Office.

Blaue is represented by Assistant Federal Public Defender Elizabeth Quinn. The prosecutor is Assistant U.S. Attorney Gregory Waples.