District of Vermont

Burlington, Vermont – The United States Attorney’s Office stated that on July 18, 2024 the federal Grand Jury in Burlington returned an indictment charging Daniel McSwiggan, 51, of Rutland, Vermont, with drug and gun offenses. The two-count indictment alleges that, between late June and early July 2024, McSwiggan possessed two firearms as an unlawful drug user and made his residence available for drug use and distribution. McSwiggan will be arraigned in the coming days.

According to court records, in late June and early July of this year, McSwiggan possessed two firearms, knowing that he was an unlawful user of cocaine base, and made his residence in Rutland available for use and distribution of cocaine base. Court records also allege that, in the early morning hours of June 24, 2024, McSwiggan shot a rifle at a suspected drug distributor outside of his residence. On July 2, 2024, law enforcement executed a search warrant at McSwiggan’s residence and recovered a Savage Model 10 .308 caliber rifle, a Ruger 10/22 .22 caliber rifle, 282 rounds of ammunition, cocaine base, and drug paraphernalia.

The United States Attorney emphasizes that the charges in the indictment are accusations only and that the defendant is presumed innocent unless and until proven guilty. If convicted, McSwiggan faces maximum penalties of 15 years in prison and a $250,000 fine for the unlawful firearm possession, and 20 years in prison and a $500,000 fine for making his residence available for drug use and distribution. Any sentence will be determined by the U.S. District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory and collaborative efforts of Homeland Security Investigations, the Rutland City Police Department, the Rutland Town Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation and the Vermont State Police.

The United States is represented in this matter by Assistant U.S. Attorney Corinne M. Smith. McSwiggan is represented by Federal Public Defender Michael Desautels.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont announced that Jamonty Brister, 29, of Queens, New York, appeared yesterday in United States District Court in Burlington on a complaint charging him with a federal drug offense. U.S. Magistrate Judge Kevin J. Doyle ordered that Brister be detained without bail pending trial, which has not been scheduled at this time.

According to the criminal complaint filed on July 18, 2024, in June 2024, Burlington Police Department drug investigators and DEA Task Force officers made three controlled purchases of fentanyl from Brister utilizing a confidential source. Earlier this week, officers obtained a state court warrant to search the Burlington residence where Brister had been living. They executed the warrant on the morning of July 17 and arrested Brister, who was alone in a locked bedroom. During the search of Brister’s bedroom, officers recovered about 900 grams of cocaine base, about 130 grams of fentanyl, about $10,000 in cash, and a handgun. The complaint charges Brister with possessing the seized narcotics with intent to distribute.

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

If convicted, Brister faces up to 20 years of imprisonment and a fine of up to $1,000,000. The actual sentence will be determined by the U.S. District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.  

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

Brister is represented by Assistant Federal Public Defender Sara Puls. The government is represented by Assistant U.S. Attorney Gregory Waples.

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

Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on July 17, 2024, Ronald Harris, 32, of Philadelphia, Pennsylvania, was sentenced by Chief United States District Judge Geoffrey Crawford to a term of 100 months of imprisonment to be followed by a four-year term of supervised release. Harris previously pleaded guilty to conspiracy to distribute cocaine base, fentanyl and heroin.

According to court records, Harris played a trusted role within the drug trafficking conspiracy, traveling regularly between Philadelphia and Chittenden County, Vermont between October 2021 and January 2023 to transport drugs and money. At the time of his arrest in January 2023, law enforcement seized approximately $98,000.00 from Harris, over one kilogram of crack cocaine and over half a kilogram of heroin from an apartment in Essex Junction from which the conspiracy was operating.

United States Attorney Nikolas P. Kerest commended the collaboration and investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Homeland Security Investigations and the Burlington Police Department during the course of the lengthy investigation.

The case was prosecuted by Assistant U.S. Attorney Eugenia Cowles. Harris was represented by Assistant Federal Public Defender Steven Barth.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that John Turner, 53, of Milton, Vermont, was indicted on federal charges alleging that Turner conspired with others in July 2019 to possess stolen firearms. He was arrested on those charges and arraigned on the indictment on July 17, 2024. He was released on conditions. If convicted, Turner faces a maximum possible penalty of 20 years in prison and fines of up to $500,000.

According to court records, Tuner conspired with others to steal several firearms from a residence in Colchester, Vermont. Those firearms included four handguns. The indictment alleges that one of the handguns was used to murder a man on July 11, 2019. Kory George and Angela Auclair have been charged in Vermont state court with conspiring to murder David Auclair on July 11, 2019. George has pleaded guilty to those charges and been sentenced. Auclair is still facing a state murder conspiracy charge.

The indictment is an accusation only and the defendant is presumed innocent until and unless proven guilty. If convicted, any sentence will be determined by the U.S. District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

The investigation resulting in these charges was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Vermont State Police. Assistant United States Attorney Paul Van de Graaf is handling the prosecution for the government. Turner is represented by Karen Shingler, Esq.

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

Rutland, Vermont – The United States Attorney for the District of Vermont announced that Melvin Hill, 45, who formerly lived in Tignall, Georgia, was sentenced today in U.S. District Court in Rutland following his trial conviction on five drug and gun charges. Chief U.S. District Judge Geoffrey Crawford sentenced Hill to 180 months of imprisonment, to be followed by a ten-year term of supervised release. Hill has been held without bail since his arrest in March 2022.

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

The following day, March 11, state and federal agents searched a storage unit that Hill had rented in Burlington, Vermont. Inside, authorities found additional fentanyl, a second pistol and approximately one pound of pure methamphetamine.

In March 2022, the United States Attorney’s office adopted Hill’s case for federal prosecution. The U.S. Attorney’s Office had successfully prosecuted Hill in an unrelated drug case in 2012.

In July 2022, a federal grand jury in Burlington charged Hill, in a superseding indictment, with two counts of distributing fentanyl to the confidential source; possessing with intent to distribute fentanyl, cocaine, cocaine base and large quantities of methamphetamine, and two counts of possessing firearms as a convicted felon. Hill is barred from possessing any firearms because he has several felony convictions in federal court and his native Georgia. A jury convicted Hill on all charges last summer.

This case was investigated by the Burlington Police Department and the Drug Enforcement Administration with the Bureau of Alcohol, Tobacco, Firearms and Explosives assisting with firearms evidence.

At sentencing, Hill was represented by Karen Shingler, Esq. The government was represented by Assistant U.S. Attorneys Gregory Waples and Zachary Stendig.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 28, 2024, Clair Deslandes, 65, of Island Pond, Vermont, was sentenced by United States District Judge Christina Reiss to a term of 30 months’ imprisonment to be followed by a 3-year term of supervised release. Deslandes previously pleaded guilty to conspiring with others to distribute fentanyl and cocaine base pursuant to a plea agreement with the United States.

According to court records, Deslandes became associated with his codefendant Juan Carlos “JC” Ortiz in late 2021 while Ortiz was staying at multiple residences in and around Orleans County, Vermont, for the purpose of distributing drugs. Deslandes purchased controlled substances from Ortiz, both for his own consumption and for distribution to others in the Northeast Kingdom. Witnesses explained that Deslandes allowed Ortiz and other drug dealers to periodically stay at his Island Pond residence, which was used to store and distribute controlled substances to customers. Deslandes appears to have continued his drug interactions with Ortiz until Ortiz was arrested in August 2022. Earlier in this case, Judge Reiss sentenced Ortiz to 95 months’ imprisonment for his role in the conspiracy.

The sentencing hearing followed a long-term investigation conducted by multiple local, county, state and federal agencies that was led by the Northeastern Vermont Drug Task Force (NEVDTF) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NEVDTF and ATF were assisted in this investigation by agents with Homeland Security Investigations, detectives and troopers from the Vermont State Police; members of the Orleans and Essex County Sheriff’s Departments, the Newport Police Department; aviators with the Air & Marine Operations component of United States Customs & Border Protection; and the Federal Bureau of Investigation (FBI). United States Attorney Nikolas P. Kerest commended the collaboration of federal, state, county and local law enforcement agencies during the investigation and prosecution of the case.

The United States is represented in this matter by Assistant U.S. Attorney Matthew Lasher. William Kraham, Esq. represented Clair Deslandes.

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

Burlington, Vermont – The United States Attorney’s Office stated that Dakota McAllister, 25, of St. Johnsbury, Vermont has been charged by criminal complaint with distribution of and possession with intent to distribute fentanyl and cocaine base in May and June 2024. McAllister was arrested on the complaint during the execution of a search warrant at a residence in Lyndon, Vermont, where McAllister had been staying and from where he had been distributing drugs. McAllister’s initial appearance is scheduled for today at 3:30 p.m. before United States Magistrate Judge Kevin J. Doyle in Burlington.

According to court records, in May and June 2024, over three separate transactions, McAllister twice distributed fentanyl and once cocaine base to a confidential informant, who met McAllister at the Lyndon residence to purchase the drugs. On June 27, 2024, law enforcement executed a search warrant at the Lyndon residence. In searching the Lyndon residence, law enforcement found and arrested McAllister. Among other items, law enforcement seized from the Lyndon residence multiple firearms, including multiple handguns, an assault-style pistol, and an assault rifle, as well as approximately 38 grams of suspected fentanyl and approximately 55 grams of suspected cocaine.

The United States Attorney’s Office emphasizes that the complaint contains allegations only and that McAllister is presumed innocent until and unless proven guilty. McAllister faces up to 20 years’ imprisonment if convicted of the current charges in the complaint. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts and hard work of Homeland Security Investigations, Vermont State Police, Vermont Drug Task Force, Lyndonville Police Department, and the Federal Bureau of Investigation.

The prosecutor is Assistant United States Attorney Andrew C. Gilman. McAllister is represented by Chandler Matson, Esq.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 27, 2024, John Van Vught, 73, of Northfield, Vermont, was sentenced by United States District Judge Christina Reiss to a term of 27 months’ imprisonment to be followed by a 3-year term of supervised release. Van Vught was also ordered to pay $558,625 of restitution to ValleyNet. Van Vught previously pleaded guilty to wire fraud on February 22, 2024.

According to court records, from 2010 through July 2022, Van Vught was employed as an accountant for ValleyNet, a non-profit operator of fiber-to-the-home internet networks in east-central Vermont. As part of this work, Van Vught provided accounting services, including managing company bank accounts, which allowed him to execute electronic funds transfers and pay bills from ValleyNet accounts. Between approximately 2013 until July 2022, Van Vught embezzled approximately $558,625 from ValleyNet’s accounts by conducting electronic transfers. After Van Vught’s embezzlement was suspected in the summer of 2022, Van Vught provided intentionally erroneous documentation to ValleyNet leadership in an attempt to further obfuscate his theft. After being confronted with evidence of his crime by ValleyNet leadership, Van Vught fled Vermont, initially traveling west to New Mexico, then back east to Brunswick, Georgia, where he was apprehended by the FBI.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Federal Bureau of Investigation.

The case was prosecuted by Assistant U.S. Attorney Jonathan A. Ophardt. Van Vught was represented by Federal Public Defender Michael Desautels.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 25, 2024, Leon Delima, 35, of Burlington and South Burlington, Vermont, was sentenced by United States District Judge Christina Reiss to a term of 46 months in prison, to be followed by a 3-year term of supervised release. Delima previously pleaded guilty in two separate federal cases to wire fraud and false statements in connection with his 2021 false applications for COVID relief funds and his 2022 possession of a firearm as a convicted felon. He is also required to pay over $20,000.00 in restitution to the U.S. Small Business Administration (SBA).

According to court records, between April and July 2021, Delima devised a scheme to obtain COVID relief funds to which he was not entitled by submitting false applications seeking  Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) from the SBA. Delima successfully obtained a $17,833.00 PPP loan which he spent over the course of approximately two weeks on consumer goods, life expenses, and other non-business items. Having exhausted the initial loan, he then sought an additional $350,000.00 EIDL, which was denied.

Approximately a year later, on July 2, 2022, Delima, who had previously been convicted of a felony offense and was precluded from possessing firearms under federal law, discharged a .40 caliber pistol as he walked along North Avenue in Burlington, Vermont. Delima knew the firearm had been stolen. He was also in possession of over 35 grams of cocaine at the time he fired the gun. He threw the gun aside before law enforcement could apprehend him. The gun was recovered approximately two weeks later and linked back to the shooting incident using ATF technology.

United States Attorney Nikolas P. Kerest praised the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Internal Revenue Service, Criminal Investigation (IRS-CI), and the Burlington Police Department for their collaboration and excellent work investigating Leon Delima’s many crimes. “Utilizing technology is a key part of ATF’s strategy to identify and prosecute individuals who commit violent crimes,” said Special Agent in Charge James M. Ferguson of the ATF Boston Field Division. “The combination of NIBIN and good police work has resulted in the arrest and conviction of a convicted felon who illegally possessed a firearm and crack cocaine.”

The case was prosecuted by Assistant U.S. Attorney Eugenia A. P. Cowles. Delima was represented by Assistant Federal Public Defender Sara M. Puls.

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballisticinformation-network-nibin.

Addressing pandemic-related fraud is a priority of United States Attorney Nikolas P. Kerest and of the Department of Justice. For information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 24, 2024, Jeremy Allin, 54, of Lancaster, New Hampshire was sentenced by United States District Judge Christina Reiss to a term of 14 months’ imprisonment to be followed by a 3-year term of supervised release. Allin previously pleaded guilty to conspiring with others to distribute fentanyl and cocaine base pursuant to a plea agreement with the United States.

According to court records, Allin became associated with his codefendant Juan Carlos “JC” Ortiz in late 2021 while Ortiz was staying at multiple residences in and around Orleans County, Vermont, for the purpose of distributing drugs. Allin initially purchased controlled substances from Ortiz for his own consumption, but he eventually began working with Ortiz to complete drug transactions and to provide transportation for the drug activities. Following the execution of a search warrant at a residence in Westfield, Vermont in February 2022, Ortiz began staying with other conspirators at their residences throughout the Northeast Kingdom, including with Allin. At the time, Allin was living in Lunenburg, Vermont. Allin continued his drug interactions with Ortiz until Ortiz was arrested in August 2022. Earlier in this case, Judge Reiss sentenced Ortiz to 95 months’ imprisonment for his role in the conspiracy.

The sentencing hearing followed a long-term investigation conducted by multiple local, county, state and federal agencies that was led by the Northeastern Vermont Drug Task Force (NEVDTF) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NEVDTF and ATF were assisted in this investigation by agents with Homeland Security Investigations, detectives and troopers from the Vermont State Police; members of the Orleans and Essex County Sheriff’s Departments, the Newport Police Department; aviators with the Air & Marine Operations component of United States Customs & Border Protection; and the Federal Bureau of Investigation (FBI). United States Attorney Nikolas P. Kerest commended the collaboration of federal, state, county and local law enforcement agencies during the investigation and prosecution of the case.

The United States is represented in this matter by Assistant U.S. Attorney Matthew Lasher. Kevin Henry, Esq. represented Jeremy Allin.

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

Burlington, Vermont – The United States Attorney for the District of Vermont announced that Maryann Manning, 63, of Wolcott, Vermont, pleaded guilty yesterday in United States District Court in Burlington to fraudulently converting tens of thousands of dollars in Social Security benefit payments. Chief U.S. District Judge Geoffrey W. Crawford released Manning on conditions pending sentencing, which will be scheduled at a later date.

On May 13, 2024, the U.S. Attorney filed a one-count information charging Manning with receiving stolen government money. Manning made her initial appearance in federal court today and pleaded guilty to that charge. According to court records, Manning’s brother received disability insurance benefit payments from the Social Security Administration (SSA). Manning’s brother died in October 2015 at which time his SSA benefits should have terminated. Following his death, however, Manning collected her brother’s benefits from SSA by withdrawing the money from his accounts. The total loss to the Social Security Administration is more than $119,000.

Manning faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

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

Manning is represented by Robert Behrens, Esq. The government is represented by Assistant United States Attorney Zachary Stendig.

Burlington, Vermont. - The United States Attorney’s Office announced that Robert McLane, 36, of Webster, Vermont, pleaded guilty today in United States District Court in Burlington to a charge of mail fraud. U.S. District Judge Christina Reiss released McLane on conditions pending sentencing, which is scheduled for October 31, 2024.

Last month, the U.S. Attorney’s Office filed an information charging McLane with mail fraud. McLane pleaded guilty to this charge today. According to the information, between approximately March 2019 and September 23, 2022, McLane was employed by Formula Nissan, Inc., an automobile sales and service dealership located in central Vermont. During this period, McLane served as the Parts Manager and then the Director of Parts and Service at Formula Nissan. In his positions, McLane oversaw the parts and service departments; supervised other employees; and ordered, received, and paid for automotive parts needed in Formula Nissan’s operations. In ordering, receiving, and paying for parts, McLane typically communicated with Formula Nissan’s parts supplier, Nissan North America, using dealer management software.

Starting around January 2021 and continuing until September 2022, McLane began defrauding Formula Nissan by ordering certain vehicle parts from Nissan North America. Many of the parts McLane ordered were vehicle suspension lift kits. The cost to Formula Nissan of each lift kit was in the $2,300 to $2,900 range. Nissan North America billed, and Formula Nissan subsequently paid, for the lift kits McLane had ordered.

As part of the scheme, McLane refrained from ordering the lift kits via the dealer management software parts ordering system. As a result of this bypass, the parts McLane ordered were not entered into Formula Nissan’s inventory of parts-on-hand.

Instead of selling the lift kits for the benefit of Formula Nissan, McLane advertised them for sale on Facebook at prices substantially discounted from their wholesale cost to Formula Nissan. Over the course of the scheme, McLane sold more than 200 lift kits to persons around the United States. Purchasers paid for the lift kits via transfers of funds to a personal PayPal account that McLane maintained in his own name. He shipped lift kits to his own customers by using Formula Nissan’s Federal Express account. McLane then used the fraudulently obtained proceeds for his own benefit.

As a result of McLane’s fraud, Formula Nissan and its insurance company suffered an out-of-pocket loss of at least $575,000.

McLane faces up to 20 years of imprisonment and a fine of up to twice the gross loss caused by the fraud. The actual sentence would be determined with reference to federal sentencing guidelines and the statutory sentencing factors.

This case was investigated by the Federal Bureau of Investigation.

McLane is represented by Assistant Federal Defender Steve Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Burlington, Vermont – The United States Attorney for the District of Vermont announced that a federal grand jury has indicted Bounthavong Sonthikoummane, 42, and Ashlyn Arcouette, 32, both of White River Junction, Vermont, on fraud charges stemming from four loans they obtained on behalf of businesses during the coronavirus pandemic. Sonthikoummane appeared yesterday in United States District Court in Burlington and pleaded not guilty to the indictment. United States Magistrate Judge Kevin J. Doyle ordered that Sonthikoummane remain in custody pending another hearing on June 20. Arcouette is to appear in court today for her arraignment.

On June 12, 2024, a federal grand jury returned an eleven-count indictment against the two defendants. The indictment charges Sonthikoummane with bank fraud, wire fraud, conspiracy, money laundering, and making false statements. It charges Arcouette with wire fraud, conspiracy, and money laundering. During the coronavirus pandemic, small business owners had the opportunity to apply for federal loans under two different programs. The Economic Injury Disaster Loan program was a pre-existing program established by Congress to provide low-interest loans for businesses that suffered financial hardship because of a natural disaster. The Paycheck Protection Plan loan program was established by Congress in the spring of 2020 as part of the Coronavirus Aid, Relief, and Economic Security Act. The CARES Act contained many provisions that were intended to address the medical, economic, and social impacts of the COVID-19 pandemic. The Paycheck Protection Program was an economic stimulus program intended to help small businesses keep employees on their payroll during the pandemic. It provided billions of dollars in low-interest, unsecured loans that were to be administered through and guaranteed by the U.S. Small Business Administration. Applicants had to certify that the loan proceeds would be used to maintain payroll and pay other business-related expenses. If applicants were able to demonstrate that proceeds were used to keep workers employed, part or all of the loan could be forgiven. Both the EIDL and PPP loan programs were administered by the Small Business Administration. Applicants had to provide the SBA and lending financial institutions with certain documentation demonstrating their entitlement to and qualifications for EIDL and PPP loans.

According to the indictment, between July 2020 and February 2021, Sonthikoummane applied for and obtained two PPP and one EIDL loan on behalf of independent contracting businesses he claimed to operate. Arcouette, allegedly with Sonthikoummane’s assistance, applied for an EIDL loan in late July 2020 and it was approved in August. According to the indictment, each of the loan applications submitted by the defendants contained materially false and fraudulent statements and representations about the businesses, and in two instances Sonthikoummane allegedly submitted falsified IRS Schedule Cs that contained false financial information about the businesses. The three loans obtained by Sonthikoummane totaled more than $117,000; the loan obtained by Arcouette was for $56,900. In late 2020, according to the indictment, Sonthikoummane obtained forgiveness of one PPP loan by falsely certifying that he had used the loan proceeds for business purposes in accordance with loan program rules. In fact, according to the indictment, both defendants used most of the loan money to invest in Coinbase, a crypto-currency exchange. The indictment also seeks forfeiture of a residence in White River Junction that Sonthikoummane allegedly bought with fraudulently-obtained loan proceeds. 

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

If convicted, the defendants face up to 20 years of imprisonment and fines of up to $250,000. The actual sentences would be determined with reference to federal sentencing guidelines and statutory sentencing factors.

This case was investigated by the Federal Bureau of Investigation.

Sonthikoummane is represented by Christoper Dall, Esq. Arcouette is represented by Mark Kaplan, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Addressing pandemic-related fraud is a priority of United States Attorney Nikolas P. Kerest and of the Department of Justice. For information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 17, 2024, defendant Everett A. Simpson, 46, of St. Johnsbury, Vermont, was sentenced by United States District Judge William K. Sessions III to a term of 300 months’ imprisonment to be followed by a 5-year term of supervised release. Simpson previously was convicted by a jury on April 18, 2023, of two counts of kidnapping and two counts of interstate transportation of a stolen vehicle after a 6-day trial.

According to court documents and testimony, on January 4, 2019, Simpson absconded from the Valley Vista treatment facility in Bradford, Vermont—where he was required to be as a condition of his release from custody for pending charges in the State of Vermont—after being at the facility for less than one day. Then, in the early morning hours of January 5, he stole a commercial van from the driveway of a residence in Newbury, Vermont and drove into New Hampshire. He deserted the van in a parking garage in downtown Manchester, New Hampshire later that morning and then walked to the Mall of New Hampshire. There, in the parking lot, Simpson forced his way into a young woman’s car, shoving her out of the driver’s seat and into the front passenger seat before driving away with her and her four-year-old child in the car. Simpson held the woman and her child against their will, driving from New Hampshire into Vermont, where Simpson attempted to locate his estranged wife. After abandoning the effort to find his wife, Simpson continued the kidnapping and sexually assaulted the woman in her car and at a hotel in White River Junction. Simpson then released her and her child but fled the area in the woman’s stolen car. Simpson was eventually arrested after two high-speed pursuits in Delaware County, Pennsylvania, during the second of which he was driving a third vehicle he had stolen.

United States Attorney Nikolas P. Kerest stated, “The defendant’s crimes were extraordinarily serious – both in their violent and random nature. An across-the-board guilty verdict in April and today’s sentencing closes a dark period in two victims’ lives and hopefully allows their healing process to continue and provides a sense of security to them and others, knowing that the community will be protected from this defendant for many years to come.” United States Attorney Kerest also commended the investigative agencies, including the Federal Bureau of Investigation in Vermont, Pennsylvania, and New Hampshire; the Vermont State Police; the Hartford (Vermont) Police Department; the Manchester (New Hampshire) Police Department, and the Upper Darby Police Department in Pennsylvania, all of whose efforts contributed to bringing Simpson to justice.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 10, 2024, Keniel Santiago, 21, of Springfield, Massachusetts, was sentenced by United States District Judge Christina Reiss to a term of 60 months’ imprisonment to be followed by a three-year term of supervised release. Santiago previously pleaded guilty to conspiring to distribute heroin and crack cocaine in Vermont between September 2020 and March 2021 and aiding and abetting making false statements in connection with the acquisition of a firearm in Vermont in January 2021.

According to court records, Santiago worked with other people to bring heroin and crack cocaine from Springfield, Massachusetts to Bennington, Vermont where they would sell the illegal drugs. Santiago also arranged for one of his co-conspirators to purchase a handgun for Santiago from a dealer in Vermont. In doing so, Santiago’s co-conspirator lied to the firearms dealer, saying the gun was for them and not for Santiago. Santiago knew that his associate had to lie to make the purchase. In exchange for the gun, Santiago paid them in money and drugs.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Homeland Security Investigations, the Bennington Police Department, the Vermont State Police, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The case was prosecuted by Assistant U.S. Attorneys Joseph Perella and Colin Owyang. Santiago was represented by Ian Carleton, Esq.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on June 10, 2024, Law Zabriskie, 66, of Bridgewater, Vermont, was sentenced by United States District Judge William K. Sessions III to a time-served sentence to be followed by a three-year term of supervised release. As part of Zabriskie’s sentence, the Court also ordered Zabriskie to pay a $10,000 forfeiture money judgment. Zabriskie previously pleaded guilty to conspiracy to possess with intent to distribute Tapentadol, a Schedule II controlled substance, as well as Tramadol, Carisoprodol, and Zolpidem, Schedule IV controlled substances.

According to court records, beginning in or about 2019 through on or about June 29, 2021, Law Zabriskie and others became involved in receiving and redistributing controlled substances and misbranded pharmaceutical drugs. The substances typically were shipped from outside the United States and received in Vermont. Zabriskie and others maintained mailboxes in Vermont and elsewhere where they received packages containing controlled substances and misbranded drugs, and Zabriskie and others also received shipments at their residences in Vermont. These substances included pills containing opioids Tapentadol and Tramadol, as well as Carisoprodol, a muscle relaxant, among others.

During the conspiracy, Zabriskie and others communicated using email and other electronic platforms to discuss shipping arrangements, customer payments, and marketing materials. Zabriskie and others then redistributed the controlled substances and misbranded drugs to customers throughout the United States, typically by U.S. mail. Some shipments were mailed from post offices in the District of Vermont.

In June 2021, law enforcement executed a search warrant at the residence of one of Zabriskie’s coconspirators in Bethel, Vermont and seized about 14,449 pills containing Schedule II and IV drugs. Also in June 2021, law enforcement executed a search warrant at Zabriskie’s residence in West Bridgewater, Vermont and recovered shipping material and approximately 15,000 Zolpidem pills concealed in packages of baked goods.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Food and Drug Administration Office of Criminal Investigations, Homeland Security Investigations, the Drug Enforcement Administration, the United States Postal Inspection Service, and the Rutland City Police Department.

“The FDA is charged with ensuring that prescription drugs distributed to U.S. consumers are safe and effective. When criminals introduce prescription drugs into the U.S. that are not FDA-approved, they jeopardize the public’s health,” said Fernando McMillian, Special Agent in Charge, FDA Office of Criminal Investigations, New York Field Office. “The FDA is committed to doing our part to disrupt and dismantle illegal prescription drug distribution networks, including those that import unapproved drugs from overseas and distribute those drugs with reckless disregard for the risk to all consumers’ health.”

The case was prosecuted by Assistant U.S. Attorney Andrew C. Gilman and, previously, by Assistant U.S. Attorney John J. Boscia. Zabriskie was represented by Brooks McArthur, Esq.

Burlington, Vermont – In recognition of World Elder Abuse Awareness Day on June 15, 2024 and because of the prevalence of financial fraud perpetrated against older adults, the U.S. Attorney’s Office for the District of Vermont has joined with its partners at the U.S. Secret Service, Homeland Security Investigations, and Diplomatic Security Service to share information and training with the Vermont elder community. The U.S. Attorney’s Office and its partners presented information and training at the Charlotte Senior Center on May 15, 2024, the Residences at the Essex on June 6, 2024, and will be presenting at the Shelburne Town Hall on June 24, 2024.

First recognized on June 15, 2006, by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations, World Elder Abuse Awareness Day (WEAAD) seeks to promote a better understanding of the abuse and neglect suffered by millions of older adults – crimes that are often overlooked or unreported. WEAAD brings attention to the cultural, social, economic, and demographic factors that contribute to elder abuse.

“Elder abuse comes in many forms, including physical, emotional, and financial abuse. These threats to older adults demand our attention,” said U.S. Attorney Nikolas Kerest. “In addition to prosecuting those who take advantage of older adults, participating in outreach and providing useful information to our elder community members is a priority of this office. By doing this work, we can create a safer, more supportive environment for our older Vermonters and ensure that they receive the respect and protection they deserve.”

In addition to the outreach efforts of the U.S. Attorney’s Office and its partners, in April 2024, a scam alert issued by the Social Security Administration (SSA) Office of the Inspector General (OIG) warned of fraudsters impersonating SSA OIG agents. In this latest iteration of government imposter scams, fraudsters request victims to meet them in person to hand off cash. Variations of the scam include fraudsters posing as IRS agents demanding money for unpaid taxes, as sheriff’s office deputies threatening arrest for purported outstanding fines, and as prosecutors or court personnel threatening prosecution or jail time for failing to comply with jury duty service.

Additional financial schemes targeting older adults are:

• Tech Support Scams – Convince victims to pay for non-existent computer problems.
• Non-Delivery Scams – Induce victims to pay for goods or services online, but never receive them or convince victims that additional payment or personal information is required to complete a package delivery.
• Romance Scams – Lull victims into believing they are in an online romantic relationship and money needs to be sent to pay for a visit to the U.S. or for some other purpose.
• Grandparent Scams – Dupe victims into thinking that their grandchildren or other relatives are in trouble and need money right away for bail or another emergency.
• Charity Scams – Solicit donations for fake charities, or by altering or “spoofing” caller IDs to show the name of a real charity on the phone.
• Lottery Scams – Use phone calls, letters, or emails to convince victims that a large fee or taxes must be paid before they can receive lottery winnings.
• Debt Collection Scams – Threaten arrest and jail time if payment for a fake debt is not made immediately. 
• Money Mule/Money Laundering Scams – Convince victims to use their bank accounts to quickly move funds in and out of those accounts thereby laundering ill-gotten funds.
• Timeshare Scams – Target timeshare owners with false promises of resale and exit from their timeshares for a fee.
• Sham Business Opportunities – Convince victims to invest in lucrative business opportunities or fake investments.

Here are some tips on how to avoid falling victim to a financial scam:

• Don’t share personal or financial information with anyone you don’t know.
• If the person asking the information claims to be a relative, a friend, someone you know, or a representative of a financial institution or government agency, do not respond right away. Instead, contact the person/entity independently or ask a trusted family member or friend for help.
• Don’t pay a fee for a prize or lottery winning.
• Don’t click on pop-up ads, messages, or virus warnings.
• Delete phishing emails and ignore harassing phone calls.
• Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger or someone who claims to be a relative without verification.
• Don’t fall for a high-pressure sales pitch or lucrative business deals.
• If you suspect fraud, take the time to talk to a trusted friend or family member.
• It’s not rude to say, “NO.”
• Keep in mind that if you send money once, you’ll be a target for life.
• A good rule of thumb is, if it’s too good to be true, it’s likely a scam.
• And remember, there is no shame in falling prey to an online scammer. These are professional criminals that use tried-and-true tactics to perpetrate fraud.

The U.S. Attorney’s Office urges the public to report suspected elder fraud by calling the Justice Department’s Elder Fraud Hotline at 1-833-FRAUD-11 (833-372-8311) or visiting the Elder Justice Initiative at Justice.gov/elderjustice for additional information and resources.

If other communities or organizations in Vermont are interested in having the U.S. Attorney’s Office and its partners provide information and training specific to elder fraud, please contact the U.S. Attorney’s Office at 802-651-8298.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Galvion, Ltd. (Galvion) has agreed to pay $2,495,000 to resolve allegations that it violated the False Claims Act through the knowing sale of non-conforming parts to the United States Department of Defense.

Galvion is headquartered in Montreal, Canada with three production facilities located in the United States, including one in Newport, Vermont. Galvion manufactures protective head systems for use by law enforcement and military personnel, including the United States military. Among the company’s products is the modular suspension system (MSS), a helmet insert.

Through prime vendors, the company sold MSS products to the United States under the Defense Logistics Agency’s Special Operational Equipment Tailored Logistic Support (SOE TLS) Program, which requires that textiles be sourced from the United States in accordance with the Berry Amendment. The government’s investigation revealed that between January 1, 2016 and June 30, 2019, the company used a non-domestic source of pads in the MSS products sold through the SOE TLS program, as well as a foreign source of nets and harnesses for some orders.

Galvion has acknowledged that employees with oversight of material sourcing, product operations, and/or product sales during this period were aware that certain components in these orders needed to be sourced from the United States and that non-compliant components nevertheless were used. The government alleges that these acts violated the False Claims Act, a civil fraud statute that prohibits the knowing submission of false claims to the government.

“Fraud by government contractors and subcontractors is a serious issue and can erode the integrity of government programs,” said United States Attorney Nikolas P. Kerest. “By selling improperly sourced products to the military, the company placed profits over compliance with clear regulations. This settlement demonstrates that the United States Attorney’s Office will continue to root out fraud among companies who do business with the government.”

“The introduction of non-compliant materials into the military supply chain poses a significant risk to our nation’s service members,” stated Brian J. Solecki, Acting Special Agent in Charge, U.S. Department of Defense Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office. “We remain committed to working with our law enforcement partners and the Department of Justice, to ensure that individuals and companies who engage in fraudulent activity, at the expense of the Department of Defense, are held accountable for their actions.”

“This settlement further demonstrates the resolve of Army CID, and our law enforcement partners to protect and defend the assets of the United States Army,” stated Special Agent in Charge Keith K. Kelly, of the U.S. Army Criminal Investigation Division’s Fraud Field Office.

During the period in question, the MSS was a product of Revision Military Ltd (Revision); in September 2019, Revision’s owner sold the company and certain product lines but retained the protective head system business, which thereafter operated as Galvion.

To resolve the claims against it, Galvion has agreed to pay to the United States a total of $2,495,000. This amount reflects Galvion’s acceptance of responsibility, cooperation with the government investigation, and compliance measures Galvion implemented after 2019.

Assistant United States Attorney Lauren Almquist Lively handled this matter for the United States Attorney’s Office for the District of Vermont. Investigative support was provided by the United States Department of Defense, Defense Criminal Investigative Service, and Department of the Army Criminal Investigation Division.

This investigation stemmed from a complaint made to the DLA Hotline related to the origin of materials used in the company’s MSS products. The government encourages individuals with information on potential fraud to report it, as complaints and hotline tips often play a key role in holding companies accountable. To report fraud, waste, abuse, or mismanagement impacting DLA, contact the DLA Hotline by completing the online form at https://www.dla.mil/Inspector-General/Hotline-Form/.  You can also report concerns to OIGHotline@dla.mil or call 1-800-411-9127. Requests for confidentiality will be honored to the full extent allowed by law.

The settlement agreement between the United States and Galvion is available at this link:

Galvion Settlement Agreement

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Burlington, Vermont – The United States Attorney’s Office stated that Kajuan Woods, 35, of Brooklyn, New York has been charged by criminal complaint with possessing fentanyl with intent to distribute in Burlington, Vermont in January 2024. Woods was arrested in connection with this complaint on June 4, 2024. Woods’s initial appearance in court is scheduled for June 6, 2024 at 4:30 p.m. before United States Magistrate Judge Kevin J. Doyle in Burlington.

According to court records, on January 19, 2024, Woods was one of six individuals located inside 195 St. Paul Street, Apartment A, Burlington, where law enforcement executed a search warrant as part of a drug trafficking investigation. Woods was wearing a satchel at the time, and within the satchel was nearly ten grams of fentanyl, including some fentanyl containing xylazine, drug packaging materials, and over $1,100 in U.S. currency. Within the apartment, law enforcement found seven handguns, three of which had previously been reported stolen. In the apartment over 22 grams of pure methamphetamine, over 48 grams of cocaine base, and approximately 17 grams of fentanyl were found.

Then, in the early morning hours of May 12, 2024, officers from the South Burlington Police Department encountered Woods and a woman apparently passed out in a running vehicle. Woods provided a false name to officers. A subsequent search of the vehicle revealed over 28 grams of suspected cocaine, a partially loaded 9-millimeter Glock magazine, a stolen Apple MacBook Pro, and over $2,400 of stolen clothing.

On June 4, 2024, after responding to reports of a male threatening a woman with a firearm on Pearl Street, Burlington Police Department officers located Woods and a woman in a vehicle and attempted to detain them. Woods was momentarily compliant, then ran from police, leading them on a foot chase through multiple backyards. After Woods was apprehended, officers learned his identity and arrested him pursuant to an active federal arrest warrant. A search of Woods’s person revealed over 34 grams of suspected cocaine and a bullet in his pocket. Within the vehicle that Woods had been driving, officers found a fanny pack on the floorboard of the driver’s seat that contained a Glock 17 Gen4 9-millimeter pistol, suspected cocaine base, ten wax folds of suspected fentanyl, and empty wax folds. Also, over $3,200 in U.S. currency was located in the vehicle.

The United States Attorney’s Office emphasizes that the complaint contains allegations only and that Woods is presumed innocent until and unless proven guilty. Woods faces up to 20 years’ imprisonment if convicted of the current charge in the complaint. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts and hard work of the Burlington Police Department and the Drug Enforcement Administration, and also thanked the South Burlington Police Department. 

The prosecutor is Assistant United States Attorney Nicole Cate.  Woods is represented by Chandler Matson, Esq.

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

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on May 2, 2024, a federal grand jury returned an indictment charging Quentin Suggs, 37, of St. Albans, Vermont, with possessing a firearm after having been previously convicted of a felony.

Suggs entered a plea of not guilty to the charges during an arraignment on May 29, 2024, before United States Magistrate Judge Kevin J. Doyle. Judge Doyle ordered that Suggs be detained pending further proceedings in this matter.

According to court records, Milton, Vermont police responded to reports of an active home invasion on March 25, 2024. Upon arrival, officers located an injured man later identified as Suggs. Interviews of witnesses and bystander video footage revealed that Suggs had broken into the backdoor of a residence while brandishing a handgun, resulting in an occupant of the residence resisting Suggs and ultimately disarming him. Law enforcement recovered a .380 Bersa handgun at the scene with a defaced serial number, which witnesses reported Suggs had possessed, as well as a backpack attributed to Suggs that contained zip ties and a hammer. Suggs is prohibited from possessing firearms due to a 2012 conviction for aggravated assault with a deadly weapon.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Suggs is presumed innocent until and unless proven guilty. Suggs faces up to 15 years of imprisonment if convicted. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

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

The prosecutor is Assistant United States Attorney Jonathan Ophardt. Suggs is represented by Jessica L. Burke, Esq. and Assistant Federal Public Defender Steven L. Barth.

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

Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 29, 2024, Michael Burton, 48, of Shelburne, Vermont, was sentenced by Chief United States District Judge Geoffrey W. Crawford to a term of 60 months’ imprisonment to be followed by a 3-year term of supervised release. Burton previously pleaded guilty to possession with intent to distribute cocaine and being a felon in possession of a firearm.

According to court records, on April 3, 2023, Burton was arrested by law enforcement in South Burlington, Vermont following a lengthy investigation for drug trafficking. At the time of his arrest, Burton possessed a black backpack which contained, among other things, more than 100 grams of cocaine base, approximately 200 fentanyl pills, a digital scale, and additional drug paraphernalia used for the distribution of controlled substances. Later on April 3, 2023, law enforcement executed a federal search and seizure warrant at Burton's residence in Shelburne, Vermont. Inside of Burton's room, investigators found more than 30 grams of cocaine base, ammunition, magazines, and three firearms, specifically: a Ruger EC9S 9x19mm semi-automatic pistol; a HS Produkt XD9 9x19mm semi-automatic pistol; and a Smith & Wesson M&P9 9x19mm semi-automatic pistol.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The case was prosecuted by Assistant U.S. Attorney Zachary Stendig. Burton was represented by Federal Public Defender Michael Desautels.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 30, 2024, George Goins, 66, of Johnson, Vermont, was sentenced by United States District Judge William K. Sessions III to a term of 57 months’ imprisonment to be followed by a 3-year term of supervised release. Goins previously pleaded guilty to possession with intent to distribute cocaine and being a felon in possession of a firearm.

According to court records, on June 8, 2022, Goins was arrested following an investigation into a shooting that occurred outside of Goins’ apartment complex in Johnson, Vermont on June 7, 2022. In the early morning hours of June 7, 2022, the victim, who lived in the same apartment building as Goins, confronted Goins near his apartment. Goins took a handgun from his pocket, shot the victim in the neck, and fled. Law enforcement later obtained a warrant to search Goins’ apartment where they recovered a Smith & Wesson SD9 VE 9mm semi-automatic pistol. From a riverbank behind the Johnson apartment complex, investigators recovered a Smith & Wesson .40 caliber pistol. Based on the caliber and characteristics of the weapon, investigators believe that the gun found near the riverbank was used to shoot the victim. The victim was treated at a hospital for injuries and later released. Goins is prohibited from possessing firearms due to his criminal history.

On June 8, 2022, law enforcement located Goins outside of a hotel in South Burlington, Vermont. Law enforcement recovered fentanyl and cocaine base in Goins’ hotel room. Goins also had four bags of fentanyl on his person at the time of his arrest.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Vermont State Police, the Lamoille County Sheriff’s Department, the Morristown Police Department, the South Burlington Police Department, and the Burlington Police Department.

The case was prosecuted by Assistant U.S. Attorney Zachary Stendig. Goins was represented by Federal Public Defender Michael Desautels.

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

Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 29, 2024, Jashier Gillespie, 22, of Philadelphia, Pennsylvania, was sentenced by Chief United States District Judge Geoffrey W. Crawford to a term of 24 months’ imprisonment to be followed by a 3-year term of supervised release. Gillespie previously pleaded guilty to conspiring to distribute cocaine base, fentanyl and heroin in Vermont between October 2021 and January 2023.

According to court records, Gillespie served as hand-to-hand distributor for the drug trafficking organization of which he was a part of, primarily in September 2022. He was arrested on related state assault charges in late September 2022 and has been detained since that time. Chief Judge Crawford ordered the federal sentence to run concurrently with any forthcoming state sentence on the assault charge.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, Homeland Security Investigations, and the Burlington Police Department for their work in this case.

The case was prosecuted by Assistant U.S. Attorney Eugenia A. P. Cowles. Gillespie was represented by John C. Mabie, Esq.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 23, 2024, Mitchell Horton, 37, of Cavendish, Vermont, was sentenced by Chief United States District Judge Geoffrey W. Crawford to a term of 14 months’ imprisonment to be followed by a 3-year term of supervised release. Horton previously pleaded guilty to receiving a firearm while under indictment for a New Hampshire felony.

According to court records, on April 3, 2023, Horton possessed a Smith and Wesson .380 semi-automatic pistol in his waistband. Vermont State Police seized this firearm from Horton upon his arrest for the theft of diesel fuel in Cavendish, Vermont on April 3, 2023. Following his arrest, Horton admitted to law enforcement that he purchased the pistol from another person. On or about April 3, 2023, Horton knew that he was under indictment in the State of New Hampshire for Theft by Unauthorized Taking, a Class A Felony, that carries with it a maximum penalty of fifteen years of imprisonment. 

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Vermont State Police, the Federal  Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Office of the Grafton County (New Hampshire) Attorney.

The case was prosecuted by Assistant U.S. Attorneys Gregory L. Waples and Zachary B. Stendig. Horton was represented by Assistant Federal Public Defender Sara Puls, Esq.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 20, 2024, Anibal Castro, Jr., 35, of Springfield, Vermont, was sentenced by Chief United States District Judge Geoffrey W. Crawford to a term of 72 months’ imprisonment to be followed by a 3-year term of supervised release. Castro previously pleaded guilty to knowingly possessing a firearm, that is a destructive device, not registered to him in the National Firearms Registration and Transfer Record and conspiracy to distribute controlled substances.

According to court records, on April 6, 2022, while the Springfield Police Department and Vermont State Police were executing a state search warrant at Castro Jr.’s Valley Street residence, they discovered a ten and one-half inch pipe bomb. The pipe was made of aluminum with crimped metal ends covered in tape and had a pyrotechnic fuse extending out from inside the pipe. The words “BYE BYE !!” were written on the outside of the pipe. The pipe contained 650 BB pellets and black powder. The presence of BBs “further weaponized” the device. An examination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) determined that an explosion of the device would produce blast effects capable of causing property damage, injury or death to people or property nearby. Additionally, from March 2022 to May 5, 2022, Castro Jr. worked with others to distribute heroin, cocaine base, and fentanyl on Valley Street in Springfield and elsewhere. Also, Castro, Jr. armed himself with a firearm in connection with the drug trafficking. A case against Castro Jr.’s co-conspirators is still pending before the United States District Judge Christina Reiss.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the ATF, the Federal Bureau of Investigation, the Vermont Drug Task Force, the Drug Enforcement Administration, Homeland Security Investigations, the Springfield Police Department, the Vermont State Police and the Windsor County State’s Attorney’s Office.

The case was prosecuted by former Assistant U.S. Attorney Joe Perella and Assistant U.S. Attorney Zachary Stendig. Castro, Jr. was represented by Karen Shingler, Esq.

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

Burlington, Vermont – The United States Attorney for the District of Vermont announced that yesterday, Deven Moffitt, 33, of Bennington, Vermont was convicted in U.S. District Court in Burlington of three drug and gun charges after a four-day jury trial. U.S. District Judge Christina Reiss ordered that Moffitt remain in jail pending sentencing, which has been scheduled for November 15, 2024. Moffitt has been held without bail since his arrest in June 2022.

According to court records and evidence presented at trial, Moffitt was arrested by the Vermont State Police in Bennington on June 1, 2022. From a search of the bags Moffitt was carrying that day, law enforcement recovered over 3,500 individual bags containing fentanyl, additional bags of cocaine and cocaine base, as well as two firearms: a .22 High Standard Manufacturing Corporation revolver and a 9mm Hi-Point semi-automatic pistol. Both guns were loaded, and the 9mm pistol had a bullet in its chamber, with its safety off. Moffitt also possessed over $16,000 in cash upon his arrest.

The jury found that Moffitt possessed fentanyl and cocaine with the intent to distribute. The jury also convicted Moffitt of knowingly possessing the firearms in furtherance of his drug trafficking, and of possessing those firearms while being a convicted felon.

Based on the jury’s verdict, Moffitt faces a mandatory prison sentence of at least five years, with a potential maximum sentence of life. The actual sentence will be determined with reference to Federal Sentencing Guidelines and the statutory sentencing factors.

U.S. Attorney Nikolas P. Kerest commended the collaborative investigative work of Vermont State Police, the Federal Bureau of Investigation, the Vermont Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “This case is another example of the connection between drug trafficking and illegal possession of firearms. Because of the dangers of guns and drugs, in the interest of public safety, this office, along with our investigative partners, will continue to prioritize prosecution of these federal crimes.”

U.S. Attorney Kerest also thanked the U.S. Marshals Service for assistance during trial.

At trial, Assistant U.S. Attorneys Andrew C. Gilman and Julia “Jules” Torti represented the government. First Assistant U.S. Attorney Michael P. Drescher worked on this matter for the government during the pre-trial phase. Moffitt was represented by Kevin Henry, Esq. of Primmer Piper Eggleston & Cramer PC.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 13, 2024, Steven Mack, 49, of Bridgeville, Pennsylvania was sentenced by United States District Judge William K. Sessions III to a one-year term of probation and ordered to pay a $20,000 fine and perform community service. Mack previously pleaded guilty to attempting to obstruct a federal grand jury’s investigation into an illegal kickback that Purdue Pharma L.P. paid to Mack’s former employer, Practice Fusion, an electronic medical records company.

According to court records, while working at Practice Fusion, Mack contributed to his employer’s successful efforts to persuade Purdue Pharma L.P. to pay Practice Fusion almost one million dollars in exchange for Practice Fusion altering its physician-facing user interface to generate more opioid prescriptions. In 2020, Purdue Pharma L.P. entered a plea of guilty relating to this arrangement in the United States District Court for the District of New Jersey, and Practice Fusion accepted responsibility for its role pursuant to a deferred prosecution agreement filed in United States District Court for the District of Vermont in case number 2:20-cr-11-wks. Pursuant to that agreement, Practice Fusion agreed to pay a criminal fine of more than $25 million.

In late 2019, knowing that the United States Department of Justice was investigating this illegal kickback scheme, Mack intentionally deleted from his employer-issued computer documents that were relevant to the government’s investigation. In recognition of the underlying opioid-promoting kickback scheme, Judge Sessions ordered as a condition of probation that Mack perform 40 hours of community service arranged by a probation officer and involving services for persons suffering from drug addiction.

As part of his plea agreement Mack agreed to cooperate with law enforcement and to provide truthful testimony. Because of Mack’s cooperation, the United States recommended that Mack receive a non-incarcerative sentence.

United States Attorney Nikolas P. Kerest commended the investigation of the Office of Inspector General for the United States Department of Health and Human Services, as well as the Federal Bureau of Investigation.

The case was prosecuted by Assistant U.S. Attorney Michael Drescher, and former Assistant U.S. Attorney Owen Foster. Mack was represented by Stephen Huggard, Esq., of Boston, Massachusetts, and Lisa Shelkrot, Esq., of Burlington, Vermont.

Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 15, 2024, Jose Luis Maldonado, Jr., aka “Peeto,” 33, of Springfield, Massachusetts, was sentenced by Chief United States District Judge Geoffrey Crawford to a term of 87 months’ imprisonment to be followed by a 3-year term of supervised release. Maldonado previously pleaded guilty to possessing with the intent to distribute fentanyl, cocaine, and cocaine base.

According to court records, Maldonado was arrested on October 12, 2022 during a traffic stop conducted after law enforcement surveillance observed Maldonado and his codefendant, Edgar Correa, aka “Joker,” placing a shotgun and several bags into the trunk of their vehicle. During the traffic stop and ensuing search, law enforcement seized a loaded pistol tucked between the driver’s seat and center console next to where Maldonado had been seated, a pistol tucked between the passenger seat and the center console where Correa had been seated, a pistol under the passenger seat, and a shotgun in the trunk of the vehicle. Inside the trunk of the vehicle, law enforcement located approximately 24 grams of crack cocaine, 7 grams of powder cocaine, and 560 bags of fentanyl. In a post-arrest Mirandized statement, Maldonado admitted selling drugs in Vermont for almost a year, carrying firearms during drug transactions, and trading drugs for a firearm. During the investigation, several witnesses reported that Maldonado and his drug associates engaged in violence while distributing drugs, including pointing a firearm at a woman’s head while demanding payment of a drug debt, and pistol-whipping a man over missing cash. Witnesses also reported that Maldonado and his associates used drugs and drug debts to coerce women to perform sexual acts and bestiality.

United States Attorney Nikolas P. Kerest stated, “This case represents yet another example of the connection between illegal drug trafficking, firearms, and violence. In addition, the defendant’s coercion of women based on their drug addiction or drug debts is especially pernicious. This office and our partners will not rest in our efforts to disrupt and prosecute those who sell illegal drugs, use firearms to conduct their business, and exploit the addictions of others.” U.S. Attorney Kerest also commended the collaborative investigatory efforts of the Southern Vermont Drug Task Force, the Federal Bureau of Investigation, the Vermont State Police, the Rutland City Police Department, and Homeland Security Investigations.

The case was prosecuted by Assistant U.S. Attorneys Colin Owyang and Jonathan Ophardt. Maldonado was represented by Michael Straub, Esq.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 13, 2024, Christian Torres-Santiago, 21, of Springfield, Massachusetts, was sentenced by United States District Judge William K. Sessions III to two years of probation. Torres-Santiago previously pleaded guilty to possession with intent to distribute fentanyl and cocaine base.

According to court records, in October 2022, Torres-Santiago was present at a residence in Bennington, Vermont, when law enforcement executed a search warrant. Among other contraband and other items found in the residence, law enforcement found in Torres-Santiago’s possession over 2,000 bags of fentanyl/heroin packaged for sale, approximately 25 grams of cocaine base, $4,400 in cash, and a Colt .45 caliber handgun, fully loaded with its serial number obliterated.

At sentencing, Judge Sessions emphasized the gravely serious nature of Torres-Santiago’s conduct and the danger it posed to the Bennington community. He also emphasized Torres-Santiago’s young age, his lack of any prior criminal history, and that since his arrest and release in the fall of 2022, Torres-Santiago has not only complied with all pretrial supervision conditions, but also studied for, and nearly completed the requirements to obtain, a barbering license in Connecticut. As Judge Sessions put it, he had “earned his freedom” by leaving the business of drug trafficking entirely and working hard to alter the direction of his life. The sentence of probation will require Torres-Santiago not to stray from this path, or, if he does, to face a resentencing on the full scope of his conduct.

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

The case was prosecuted by Assistant U.S. Attorneys Corinne Smith and Jonathan Ophardt. Lisa Shelkrot, Esq., represented Torres-Santiago.

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

Burlington, Vermont - In honor of National Police Week, United States Attorney Nikolas P. Kerest recognizes the service and sacrifice of federal, state, county, and local law enforcement officers in Vermont. This year, the week is observed from Sunday, May 12 through Saturday, May 18, 2024.

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. According to preliminary data compiled by the National Law Enforcement Officers Memorial Fund (NLEOMF), as of December 31, 2023, 136 federal, state, tribal and local law enforcement officers died in the line-of-duty in 2023, including one police officer from Rutland, Vermont.

Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty and the U.S. Attorney’s Office encourages Vermonters and citizens across the country to remember and honor those who gave their lives so the rest of us can live peacefully.

U.S. Attorney Kerest stated, “Every day in Vermont, law enforcement officers face uncertain and dangerous situations, putting themselves in harm’s way to confront violence and protect our communities. This is difficult work and is vital to the safety of all Vermonters. My office commends and thanks each of them for their commitment and dedication to our Vermont communities. National Police Week also is a time to think about officer wellness. The pressures of responding to unknown circumstances take a toll on law enforcement officers and deserve attention. I encourage everyone to reach out to a police officer or your local police department this week and convey gratitude for their sacrifices.”

Each year, as stated on the NLEOMF’s website, hundreds of names of officers killed in the line of duty are engraved on the walls of the National Law Enforcement Officers Memorial in Washington D.C. These names are then read out loud during the annual Candlelight Vigil held on the National Mall, in Washington, D.C., to memorialize those who made the ultimate sacrifice. 2024 will mark the 36th Annual Candlelight Vigil and will be held on Monday, May 13, 2024, at 8:00 PM EDT. The schedule of National Police Week events is available on NLEOMF’s website.

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

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on April 3, 2024, a federal grand jury returned a Second Superseding Indictment charging  Eddie Melendez, 30, Reuben Melendez, 28, and Serafin Melendez, 53, of Feeding Hills, Massachusetts, Mathew Ponce, 29, and Giovanny Guzman, 23, of Springfield, Massachusetts, and Anthony Baker, 31 of Rutland, Vermont, with conspiracy to distribute cocaine base and fentanyl in Vermont between August 2023 and January 12, 2024. Eddie Melendez, Reuben Melendez, Mathew Ponce, Anthony Baker, and Giovanny Guzman were also charged with additional violations of the Controlled Substances Act, including distribution of a controlled substance or possession with intent to distribute a controlled substance.

Each of the defendants has entered a not guilty plea to the charges during arraignments before United States Magistrate Judge Kevin J. Doyle in April and May 2024. Serafin Melendez, Eddie Melendez, Reuben Melendez, and Mathew Ponce were released on conditions pending trial. Anthony Baker and Giovanny Guzman were ordered detained pending trial.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that the above-named defendants are presumed innocent until and unless proven guilty. The defendants face up to twenty years of incarceration if convicted. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, Vermont State Police, Rutland City Police Department, Federal Bureau of Investigation, and Bennington County Sheriff’s Department.

The prosecutors are Assistant United States Attorneys Jason Turner and Jonathan Ophardt. Eddie Melendez is represented by John Claude Charbonneau, Esq. Reuben Melendez is represented by Mark Oettinger, Esq. Serafin Melendez is represented by Ian Carleton, Esq. Mathew Ponce is represented by Robert Behrens, Esq. Giovanny Guzman is represented by Robert Sussman, Esq. Anthony Baker is represented Richard Goldsborough, Esq.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on May 2, 2024, a federal grand jury returned an indictment charging  Christopher Williams, 42, of Brooklyn, New York, with distributing cocaine base on March 26, 2024, and possessing with the intent to distribute cocaine base on April 23, 2024.

Williams’ arraignment will occur this afternoon at 3 p.m. before United States Magistrate Judge Kevin J. Doyle.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Williams is presumed innocent until and unless proven guilty. Williams faces up to 20 years of imprisonment if convicted. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Burlington Police Department and the Drug Enforcement Administration.

The prosecutor is Assistant United States Attorney Jonathan A. Ophardt. Williams is represented by Lisa Shelkrot, Esq.

Burlington, Vermont – The United States Attorney for the District of Vermont announced that yesterday, Dominique Troupe, 37, of Colchester, Vermont was convicted following a six-day jury trial in United States District Court in Rutland of drug, gun, and robbery offenses. Troupe, who was arrested in September 2022, remains in the custody of the United States Marshals Service pending post-trial proceedings.

According to court records and evidence presented at trial, by at least July of 2021 Troupe was a source of cocaine base (also known as “crack cocaine”) to residents of Swanton, Vermont, with whom he conspired to distribute the drug. During the second half of 2021, Troupe maintained a consistent crack cocaine distribution operation in the Swanton area. In January 2022, however, a rival distributor of crack cocaine moved into the residence at 45 First Street in Swanton, resulting in a significant diminution in Troupe’s sales. To address this problem, two of Troupe’s Swanton-based re-distributors came up with the idea to rob the rival drug dealer of his drugs and money. When Troupe learned of this idea, he turned it into reality. Trial evidence showed that during the early morning of February 2, 2022, Troupe employed one of his Swanton-based distributors, as well as another of Troupe’s associates, to attempt the armed robbery at 45 First Street. Troupe supplied a firearm to one of the robbers to use during the crime. Tragically, during the attempted armed robbery, Elijah Oliver, 22, of Massachusetts was shot twice, and killed.

Based on the jury’s verdict, Troupe faces a mandatory minimum of 15 years’ imprisonment and a potential maximum sentence of life. The ultimate sentence will be determined by reference to the Sentencing Guidelines and statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigative efforts of the Major Crime Unit, the Narcotics Investigation Unit, the Crime Scene Search Team, and the Technology Investigation Unit of the Vermont State Police. He stated: “This case is another tragic example of the intersection of guns and drug distribution in Vermont. We are grateful to the men and women of the Vermont State Police for their response to and investigation of the tragic events in Swanton in February 2022. The jury’s verdict will hold Dominique Troupe responsible for the role he played in those events.” U.S. Attorney Kerest also thanked the Federal Bureau of Investigation and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives for the assistance they provided.

“The Vermont State Police thanks our federal partners for their pursuit of justice in this troubling, tragic case,” said Maj. Dan Trudeau, commander of the Vermont State Police Criminal Division. “As we have in the past, our agencies will continue working together to fight the scourge of drug-related violence in Vermont, to keep our communities safe, and to ensure accountability when offenders shatter the peace that everyone in Vermont expects and deserves.”

Assistant United States Attorneys Jason Turner and Michael Drescher prosecuted the case. Troupe was represented by Chandler Matson, Esq.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on May 2, 2024, Roy-Anthony Erno, 36, of Burlington, Vermont, was sentenced by United States District Judge Christina Reiss to a term of 30 months’ imprisonment to be followed by a 3-year term of supervised release. Erno previously pleaded guilty to being a prohibited person in possession of a firearm because of a prior felony conviction.

According to court records, On May 3, 2022, members of the South Burlington Police Department responded to a hotel following a report that an individual refused to leave a room. Law enforcement then encountered Erno who agreed to leave the room and admitted to investigators that he possessed a firearm in his backpack. Erno consented to a search of the bag and officers located a 9mm Smith & Wesson firearm in the backpack. Erno was placed under arrest and subsequently charged with being a felon in possession of a firearm.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the South Burlington Police Department.

The case was prosecuted by Assistant U.S. Attorneys Jonathan Ophardt and Zachary Stendig. Erno was represented by Natasha Sen, Esq.

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

Burlington, Vermont – On April 30, 2024, the United States Attorney’s Office for the District of Vermont hosted a press conference to highlight the efforts of the GunSafeVT initiative and to discuss how Vermont is promoting secure gun storage and how secure gun storage can help address the many types of gun violence in the state.

U.S. Attorney Nikolas P. Kerest described the initiative’s accomplishments over the past year, which included two PSAs explaining the importance of secure storage, launch of the gunsafevt.org website, promotion of Vermont State Police’s program to have Federal Firearms Licensees serve as secure gun storage locations, and the distribution of over 4,000 free, cable gun locks around the state. U.S. Attorney Kerest also explained updates to the gunsafevt.org website, partnerships with the Howard Center and libraries around the state for effective gun lock distribution, and plans to distribute additional gun locks over the next year.

Also at the press conference, Vermont Attorney General Charity Clark spoke about Vermont’s secure gun storage statute, relief from abuse orders, extreme risk protection orders, and the importance of secure gun storage in preventing domestic violence. Mark Margolis of the Howard Center and Dr. Rebecca Bell of UVM Medical Center and the Vermont Medical Society both explained how secure gun storage helps reduce the likelihood of suicide involving firearms. Bureau of Alcohol, Tobacco, Firearms, and Explosives Resident Agent in Charge Alex Schmidt addressed the connection between unsecured and stolen firearms and crime around Vermont.

This gun safe storage initiative is the result of collaboration among many partners, including the U.S. Attorney’s Office for the District Vermont, the UVM Medical Center, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Vermont State Police, the Vermont Attorney General’s Office, the Vermont Sheriffs’ Association, the Vermont Department of Fish and Wildlife, Vermont’s Office of the Director of Violence Prevention, the Howard Center, the Vermont Medical Society, the Vermont Department of Children and Families, and the Vermont Library Association.

U.S. Attorney Nikolas P. Kerest thanked all of the initiative partners for their important contributions and also stated, “Secure gun storage accomplishes many positive things. Secure gun storage keeps people safe in times of crisis, keeps guns out of the wrong hands, and keeps your gun safe. In short, secure gun storage is smart gun storage.”

All of the relevant information related to this secure storage initiative is compiled on the website – www.gunsafevt.org.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that Juan Carlos “JC” Ortiz, 29, of Springfield, Massachusetts, was sentenced today by United States District Judge Christina Reiss to a term of 95 months’ imprisonment to be followed by a 5-year term of supervised release. Ortiz had previously pleaded guilty to conspiring with others to distribute fentanyl and cocaine base between November 2021 and August 2022 under a plea agreement he reached with the United States.

According to court records, Ortiz was charged in two separate but related indictments involving overlapping drug conspiracies. Between the two indictments, thirteen individuals—mostly residents of the Northeast Kingdom—were charged with distributing controlled substances and conspiring to do the same. All have since been adjudged guilty, though several are still awaiting sentencing. At today’s sentencing hearing, the Court recognized that Ortiz was an organizer or leader in those drug conspiracies. Ortiz stayed with multiple hosts, some of whom were his codefendants in the cases, in locations throughout Orleans, Essex, and Caledonia Counties when he was in Vermont, using their residences to prepare and distribute controlled substances. Ortiz also relied on coconspirators to complete drug distributions he had previously arranged and to provide him with transportation between residences and to Massachusetts to acquire and distribute controlled substances. Several of the conspirators possessed firearms during the drug-distribution activities and acquired firearms in exchange for drugs.

The sentencing hearing followed a long-term investigation conducted by multiple local, county, state and federal agencies that was led by the Northeastern Vermont Drug Task Force (NEVDTF) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NEVDTF and ATF were assisted in this investigation by agents with Homeland Security Investigations, detectives and troopers from the Vermont State Police, members of the Orleans County Sheriff’s Department, the Essex County Sheriff’s Department, the Newport Police Department, aviators with the Air & Marine Operations component of United States Customs & Border Protection, and the Federal Bureau of Investigation. United States Attorney Nikolas P. Kerest reiterated the U.S. Attorney’s Office’s commitment to addressing federal crime in the Northeast Kingdom and commended the excellent collaboration of federal, state, county and local law enforcement agencies required to investigate and to prosecute this case.

The United States is represented in this matter by Assistant U.S. Attorney Matthew Lasher. Richard Bothfeld, Esq. represented Juan Carlos Ortiz.

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

Burlington, VT – A New Hampshire doctor made his initial appearance yesterday afternoon in federal court in Burlington and was arraigned on charges related to his alleged involvement in conspiracies to illegally distribute controlled substances and to commit health care fraud.

According to court documents, Adnan S. Khan, M.D., 48, of Grantham, New Hampshire orchestrated his alleged illegal prescribing and health care fraud conspiracies through New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics located in Vermont, New Hampshire, and Maine. Through NEMCA, Khan allegedly distributed drugs to individuals outside the usual course of professional practice and without a legitimate medical purpose. Khan allegedly required that patients pay cash in exchange for their prescriptions, despite many of his patients having insurance through Medicare and Vermont Medicaid. Khan allegedly prescribed the drugs knowing that at least some of his patients were abusing and diverting the drugs. In addition, Khan allegedly ordered medically unnecessary definitive urine drug testing while soliciting kickbacks and bribes from laboratories, knowing that federal health care programs would be billed for the medically unnecessary tests.
  
Khan is charged with one count of conspiracy to commit unlawful distribution of a controlled substance, 12 counts of illegal distribution of a controlled substance, one count of conspiracy to commit health care fraud, and two counts of health care fraud. If convicted, Khan faces a maximum penalty of 20 years in prison on the illegal distribution counts and a maximum penalty of 10 years in prison on each of the health care fraud counts.

As a condition of Khan’s release pending trial, he is prohibited from writing prescriptions for controlled substances.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Nikolas P. Kerest for the District of Vermont; Acting Special Agent in Charge Stephen Belleau and Diversion Program Manager Evangela Dortch of the Drug Enforcement Administration (DEA) New England Division; Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG) Boston Field Office; Special Agent in Charge Craig L. Tremaroli of the FBI Albany Field Office; and Attorney General Charity R. Clark of the Vermont Attorney General’s Office, on behalf of the office’s Medicaid Fraud & Residential Abuse Unit, made the announcement.

DEA, HHS-OIG, the FBI, and the Vermont Attorney General’s Office, Medicaid Fraud and Residential Abuse Unit are investigating the case.

Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.
 
The Vermont Attorney General’s Office, Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024. The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

A New Hampshire doctor made his initial appearance today in Burlington, Vermont, on charges related to his alleged involvement in conspiracies to illegally distribute controlled substances and to commit health care fraud. 

According to court documents, Adnan S. Khan, M.D., 48, of Grantham, orchestrated his alleged illegal prescribing and health care fraud conspiracies through New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics located in Vermont, New Hampshire, and Maine. Through NEMCA, Khan allegedly distributed drugs to individuals outside the usual course of professional practice and without a legitimate medical purpose. Khan allegedly required that patients pay cash in exchange for their prescriptions, despite many of his patients having insurance through Medicare and Vermont Medicaid. Khan allegedly prescribed the drugs knowing that at least some of his patients were abusing and diverting the drugs. In addition, Dr. Khan allegedly ordered medically unnecessary definitive urine drug testing while soliciting kickbacks and bribes from laboratories, knowing that federal health care programs would be billed for the medically unnecessary tests.   

Khan is charged with one count of conspiracy to commit unlawful distribution of a controlled substance, 12 counts of illegal distribution of a controlled substance, one count of conspiracy to commit health care fraud, and two counts of health care fraud. If convicted, Khan faces a maximum penalty of 20 years in prison on the illegal distribution counts and a maximum penalty of 10 years in prison on each of the health care fraud counts.

As a condition of Khan’s release pending trial, he is prohibited from writing prescriptions for controlled substances.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Nikolas P. Kerest for the District of Vermont; Acting Special Agent in Charge Stephen Belleau and Diversion Program Manager Evangela Dortch of the Drug Enforcement Administration (DEA) New England Division; Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG) Boston Field Office; Special Agent in Charge Craig L. Tremaroli of the FBI Albany Field Office; and Attorney General Charity R. Clark of the Vermont Attorney General’s Office, on behalf of the office’s Medicaid Fraud & Residential Abuse Unit, made the announcement. 

DEA, HHS-OIG, the FBI, and the Vermont Attorney General’s Office, Medicaid Fraud and Residential Abuse Unit are investigating the case.

Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.

The Vermont Attorney General’s Office, Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024.  The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont announced that on April 19, 2024, Paul Bateman, 47, a citizen of the United Kingdom who previously resided in Laos, was sentenced in the United States District Court following his guilty plea to conspiracy to distribute controlled substances, including the opiates Tapentadol and Tramadol, as well as other drugs that required a prescription. Bateman had been extradited from the United Kingdom to face charges. Chief Judge Geoffrey W. Crawford sentenced Bateman, who has spent approximately 20 months in custody, to a sentence of time-served, with no supervision to follow, as the defendant is expected to be deported to the United Kingdom upon the completion of his sentence.

Previously sentenced in connection with this case were Bateman’s co-conspirators, Samir Doshi and Rebecca Buckley. In February 2019, following his guilty pleas to conspiracy to distribute Schedule IV controlled substances and violating the Food, Drug, and Cosmetic Act, United States District Judge Christina Reiss sentenced Doshi to time served after Doshi had served about six months in jail. He also was ordered to forfeit $20,000. In September 2020, following her guilty plea to conspiracy to distribute controlled substances, Judge Reiss sentenced Buckley to five years of probation and forfeiture of $349,712.10.

According to court records, between in or about 2015 and in or about August 2019, Paul Bateman worked with others, including Buckley and Doshi, to distribute controlled substances and other prescription drugs over the internet. Bateman was a search engine optimizer (“SEO”) responsible for creating and maintaining websites that offered controlled substances and other drugs for sale. Bateman also took steps to improve the ranking of his websites in response to customer searches. The websites created by Bateman did not ask for or require a prescription prior to the distribution of controlled substances and other drugs.

In or about 2015, Bateman began working with Buckley, who provided customer service and credit card processing for customer orders made through Bateman’s websites. After customers paid Buckley, Buckley sent some of the proceeds to Bateman, typically via wire transfer. Bateman used some of this money to pay suppliers and others while keeping some for himself. The websites that Bateman and Buckley operated sold drugs such as Modafinil, a wakefulness-promoting drug that is a Schedule IV controlled substance, and prescription medications for erectile dysfunction.

Bateman also worked with Samir Doshi. In or about 2016 or 2017, Bateman and Doshi met in Thailand and discussed a business relationship in which Bateman would build websites for Doshi for the sale of Schedule IV controlled substances Tramadol (an opiate pain reliever) and Soma (also known as, Carisoprodol, a muscle relaxant). Doshi provided Bateman with $2,000 to build those websites. After that meeting, Bateman created websites for the sale of Tramadol and Soma. Bateman also received commission payments from Doshi. In or about May 2018, Bateman and Doshi began marketing Tapentadol to customers, including by drafting and sending an email introducing Tapentadol as a product for sale. Tapentadol is an opiate classified as a Schedule II controlled substance.

This investigation was led by the Food and Drug Administration, Office of Criminal Investigations. The Department of Justice’s Office of International Affairs and the United States Marshals Service substantially assisted with Bateman’s extradition from the United Kingdom to the United States. United States Attorney Nikolas P. Kerest commended the efforts of law enforcement and stated, “From behind their computer screens, Bateman and his co-conspirators were responsible for distributing dangerous opiates and unregulated, prescription drugs to consumers throughout the United States and across the globe for profit. Some consumers were located in Vermont, and none of the defendants were licensed to prescribe in Vermont. This case demonstrates law enforcement’s commitment to halting this conduct and bringing those responsible to justice, even when they are located abroad.”

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

Bateman was represented by Assistant Federal Public Defender Steven L. Barth. Doshi was represented by Mark A. Kaplan, Esq. Buckley was represented by Matthew Hart, Esq. Assistant U. S. Attorneys Andrew C. Gilman and John J. Boscia represented the United States.

Burlington, Vermont – The United States Attorney for the District of Vermont announced that yesterday, Lawrence Jackson, also known as “Boo-Bee”, 53, of Rutland, Vermont was convicted in U.S. District Court in Burlington of seven drug and gun charges after a seven-day jury trial. U.S. District Judge Christina Reiss ordered that Jackson remain in jail pending sentencing, which has not been scheduled. Jackson has been held without bail since his arrest in November 2021.

According to court records and evidence presented at trial, Jackson was arrested in Rutland City on November 23, 2021 while in possession of over 400 grams of powder cocaine and cocaine base. A Taurus Judge .410/45 caliber revolver was seized during a law enforcement search of Jackson’s Rutland residence. The Judge revolver was located in a bedroom identified as belonging to Jackson. A desk in the bedroom contained numerous items used for cooking, weighing, and packaging cocaine and cocaine base. Elsewhere in the residence, law enforcement located two more firearms. At the time The Judge was seized, the revolver was loaded with both .45-Long Colt bullets and .410 shotshells. Jackson is prohibited from possessing a firearm due to his extensive criminal history.

Evidence at trial also established that Jackson sold cocaine in August 2020 and cocaine base in September 2020 to a confidential informant working at the direction of law enforcement. The jury also convicted Jackson of participating in a conspiracy to distribute cocaine base and over 500 grams of cocaine from approximately January 2021 until he was arrested on November 23, 2021. Jackson used firearms, including The Judge revolver, to further his drug trafficking conspiracy. For example, Jackson used a firearm to strike a man who owed him a drug debt.

Based on the jury’s verdict, Jackson faces a mandatory minimum of 10 years’ imprisonment and a maximum sentence of life. The actual sentence will be determined with reference to Federal Sentencing Guidelines and the statutory sentencing factors.

U.S. Attorney Nikolas Kerest commended the collaborative investigative work of Homeland Security Investigations, the Rutland City Police Department, and the Vermont Drug Task Force.  U.S. Attorney Kerest also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Vermont State Police for their investigative assistance, Homeland Security Investigations for extensive support during trial, and the U.S. Marshals Service for assistance during trial.

“Lawrence Jackson did a lot of damage to many peoples’ lives in the Rutland area, both by distributing cocaine and with physical violence,” stated U.S. Attorney Nikolas Kerest. “Thanks to the dedication of the team in this office and our many law enforcement partners who contributed to this investigation and trial, Mr. Jackson has been brought to justice. This guilty verdict and the focused effort put into this case by the U.S. Attorney’s Office and its partners exemplifies our dedication to addressing violent drug crime in Rutland and throughout Vermont. We will continue to prioritize the prosecution of violent drug crime and will not rest in that effort as long as conduct like Mr. Jackson’s persists.”

“Our investigation into Jackson painted a picture of a violent and cruel individual who used his reputation to perpetrate a string of crimes in Rutland. Yesterday, a jury found him guilty on seven counts related to drug trafficking and illegal possession of a firearm and now he’s facing a serious federal sentence. HSI is proud to work alongside our partners here in Vermont to make our communities safer,” said Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England.

“As a direct result of the collaborative effort between local, state, and our federal law enforcement partners, Mr. Jackson has been held accountable for the harm he inflicted upon many individuals and the entire Rutland community. We give thanks to the U.S. Attorney’s Office for the District of Vermont for its dedication to the prosecution of this matter,” said Rutland City Police Chief Brian Kilcullen.

At trial, Assistant U.S. Attorneys Jonathan Ophardt and Nicole Cate represented the government. Assistant U.S. Attorney Zachary Stendig worked on this matter for the government during the pre-trial phase. Jackson represented himself at trial, and Robert Behrens, Esq. served as standby counsel.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that a federal grand jury returned an indictment today charging Shant Soghomonian (also known as Michael Soghomonian), 35, previously of Northridge, California with using fire to damage the building at One Church Street – a building used in interstate commerce. He will be arraigned on the indictment before U.S. Magistrate Judge Kevin J. Doyle next week, likely on Tuesday April 23, 2024. Soghomonian also appeared before Judge Doyle today for a continuation of a detention hearing, and Judge Doyle ordered that Soghomonian be detained pending further proceedings.

According to court records, Soghomonian entered the building at One Church Street in Burlington on the morning of April 5, 2024, and proceeded to the third floor where the Vermont office of Senator Sanders is located. Soghomonian was recorded on a security video spraying a liquid near the outer door of the office and then lighting the area with a handheld lighter. A blaze quickly began while Soghomonian departed via a staircase. The video recordings showed Soghomonian wearing and carrying distinctive items, and those distinctive items were later recovered during his arrest and subsequent searches of his hotel room and vehicle.

The United States Attorney emphasizes that the charge in the indictment contains only allegations and that Soghomonian is presumed innocent unless and until he is proven guilty. If convicted, Soghomonian faces a maximum possible penalty of not less than 5 years and not more than 20 years in prison and a fine of up to $250,000. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and sentencing factors in the United States Code. 

The prosecutor is Assistant United States Attorney Matthew Lasher. Soghomonian is represented by Assistant Federal Public Defender Mary Nerino.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that Shant Soghomonian (also known as Michael Soghomonian), 35, previously of Northridge, California was arrested on April 7, 2024, pursuant to a federal criminal complaint charging him with using fire to damage the building at One Church Street in Burlington, Vermont – a building used in interstate commerce and as a place of activity affecting interstate commerce. An initial appearance before U.S. Magistrate Judge Kevin J. Doyle has not yet been scheduled.

According to court records, Soghomonian entered the building at One Church Street in Burlington on the morning of April 5, 2024, and proceeded to the third floor where the Vermont office of Senator Sanders is located. Soghomonian was recorded on a security video spraying a liquid near the outer door of the office and then lighting the area with a handheld lighter. A blaze quickly began while Soghomonian departed via a staircase. The resulting fire damaged the outside of the office door and surrounding areas, and the building sprinklers discharged on multiple floors. The Senator’s office was occupied by multiple employees who were not physically injured during the incident. It is not known how many other occupants were in the building, but no injuries were reported.

The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty. If convicted, Soghomonian faces a maximum possible penalty of not less than 5 years and not more than 20 years in prison and a fine of up to $250,000. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and sentencing factors in the United States Code.

U.S. Attorney Nikolas P. Kerest commended the joint investigatory efforts of the Burlington Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Shelburne Police Department; the Williston Police Department; the Vermont State Police; and the U.S. Capitol Police.

The prosecutor is Assistant United States Attorney Matthew Lasher. Counsel for Soghomonian has not yet been identified.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on April 2, 2024, Jose Merino-Lopez, 28, of Latham, New York, pleaded not guilty to a two-count indictment that charges him with using a facility of interstate and foreign commerce to entice, persuade, and coerce a minor to engage in sexual activity for which a person could be held criminally liable, and with traveling interstate with a motivating purpose of engaging in illicit sexual conduct with another person. At today’s arraignment, United States Magistrate Judge Kevin J. Doyle ordered Merino-Lopez to be detained during pretrial proceedings.

According to court records and proceedings, in approximately July 2023, Merino-Lopez began communicating with a 14-year-old minor female victim (MV1) from Colchester, Vermont using various social media platforms. Merino-Lopez was living in New York when the communications with MV1 took place. On September 9, 2023, Merino-Lopez traveled from New York to Vermont, where he engaged in sexual intercourse with MV1 in a park in Colchester, Vermont.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Colchester Police Department, Homeland Security Investigations, and the Vermont Internet Crimes Against Children Task Force.

Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Merino-Lopez. Merino-Lopez is represented by Assistant Federal Defender Steven L. Barth.

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

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont announced that Eddy Santiago, Jr., 30, of Clifton, New Jersey was sentenced today in the United States District Court following his guilty plea to using extortionate means to collect and punish the nonrepayment of a debt. United States District Judge Christina Reiss sentenced Santiago to 49 months’ imprisonment to be followed by a three-year term of supervised release.

According to court records, Santiago was arrested by Vermont state law enforcement authorities on January 5, 2022, after he had set fire to a vehicle at a residence in the Booth Woods neighborhood of Vergennes earlier that morning. The fire destroyed two vehicles in the driveway and damaged the residence itself. Witnesses reported that Santiago had threatened to start a fire if the residents did not pay a large debt he thought they owed him for cocaine he had provided. Video cameras in nearby residences showed Santiago carrying a gas can and lighting the car on fire in the early morning hours of January 5, 2022; investigators also located gas station security camera footage showing Santiago filling a gas can in South Burlington approximately an hour before the fire and placing it in the front passenger seat of his vehicle. After Santiago was stopped and arrested, investigators found a partially filled gas can in the trunk of his vehicle.

Several law enforcement agencies participated in the investigation of Santiago, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Drug Enforcement Administration (DEA); the Vermont State Police; the Vergennes Police Department; and the Middlebury Police Department. United States Attorney Nikolas P. Kerest commended the mutually supportive efforts of the agencies in their proactive investigation of drug crimes and their reactive investigation of the arson.

Santiago was represented by Kevin Henry, Esq. Assistant U.S. Attorney Matthew Lasher represented the United States.

Burlington, Vermont – The United States Attorney’s Office stated that Jordan Phelps, 34, of Morristown, Vermont, has been indicted for illegal possession of a firearm while being a user of controlled substances. He was arraigned on March 29, 2024, and United States Magistrate Judge Kevin J. Doyle ordered Phelps detained pending further proceedings.

According to court records, on March 11, 2024, Jordan Phelps called the Morristown Police Department on four occasions and threatened to go to the home of a sworn member of law enforcement. The threatening phone calls were recorded, and law enforcement investigated Phelps. On March 13, 2024, law enforcement executed a state search warrant at Phelps’ residence that led to the seizure of a loaded Marlin Model 336 .30-30 Caliber Rifle from Phelps’ bedroom. Further investigation into Phelps revealed that he was an unlawful user of controlled substances.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Phelps is presumed innocent until and unless proven guilty. If convicted, Phelps faces a maximum possible penalty of 15 years in prison and fines of up to $250,000. The actual sentence, however, would be determined by the District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Morristown Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The prosecutor is Assistant United States Attorney Zachary Stendig. Phelps is represented by Chandler Matson, Esq.

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

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on March 14, 2024, a federal grand jury returned an indictment charging Jonathan Whalley, 50, of St. Albans, Vermont, with aggravated identity theft, wire fraud, mail fraud, and bank fraud.

Whalley entered a plea of not guilty to the charges during an arraignment on March 20, 2024 before United States Magistrate Judge Kevin J. Doyle. Judge Doyle ordered that Whalley be detained during the pendency of this matter.

According to court records, a Burlington resident reported the theft of several of his identity documents from his vehicle in Burlington in March 2022. In April and May 2022, Whalley used that individual’s identifying information and identity documents to purchase six vehicles in the State of Georgia, finance and insure those vehicles, obtain Vermont vehicle registrations, open a bank account, and create a Gmail account to facilitate the fraud scheme.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Whalley is presumed innocent until and unless proven guilty. If convicted, Whalley faces a mandatory term of 2 years in prison on the aggravated identity theft charge, up to 20 years in prison on the wire and mail fraud charges, and up to 30 years in prison on the bank fraud charge. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont Department of Motor Vehicles’ Enforcement and Safety Division (Investigative Section) and Homeland Security Investigations.

The prosecutor is Assistant United States Attorney Corinne Smith. Whalley is represented by the Office of the Federal Public Defender.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on March 21, 2024, Kewon Yarbrough, 38, of Tulsa, Oklahoma, was sentenced by United States District Judge William K. Sessions III to a term of 27 months’ imprisonment to be followed by a 3-year term of supervised release. Yarbrough previously pleaded guilty to knowingly possessing a firearm after having been convicted of an offense punishable by more than one year in prison.

According to court records, Yarbrough’s criminal history included 7 prior felony convictions, one of which was for a domestic violence offense in Oklahoma. His history also included an Oklahoma misdemeanor conviction for a domestic violence offense. In addition, in 2013, the State of Oklahoma prosecuted him for three felony and one misdemeanor domestic violence offenses. The misdemeanor case resulted in a conviction for violation of a protective order. The felony cases were dismissed for lack of participation by a prosecution witness, but the alleged felony conduct precipitated the revocation of previously suspended sentencing, resulting in a 5-year prison sentence.

Court records also show the State of Oklahoma issued domestic abuse protective orders, brought by four different women, against Yarbrough in 2009, 2010, 2011, and 2016. More recently, the State of Oklahoma charged Yarbrough in 2019 and 2022 with felony Domestic Abuse by Strangulation. According to Oklahoma court records, the 2019 case was dismissed for a prosecution witness’s failure to appear, and the 2022 case was dismissed without a reason listed on the docket.

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

The case was prosecuted by Assistant U.S. Attorney Corinne Smith. Yarbrough was represented by Assistant Federal Public Defender Steven Barth.

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

Burlington, Vermont – The United States Attorney’s Office stated that Marvin Byrd, 29, of Hartford, Connecticut, has been indicted by a federal grand jury for conspiring with others to distribute controlled substances, including fentanyl, between March and August of 2023. Byrd was arraigned on March 11, 2024 and is detained pending further proceedings.

According to a criminal complaint filed in this case in August 2022, Byrd—who used the name “TJ” while in Vermont—conspired with Britny Parris and others to distribute fentanyl in and around Orleans County. During a period of the charged conspiracy, Parris was “hosting” Byrd at her residence in Barton, Vermont, and they used the property to store, prepare, and distribute controlled substances. Byrd coordinated multiple drug transactions with customers, and he often used others such as Parris to conduct the final distribution. In November 2023, Parris pleaded to a criminal information charging her with maintaining a drug-involved premises, and she is awaiting sentencing.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Byrd is presumed innocent until and unless he is convicted of a crime. Byrd faces up to 20 years in prison and a fine of up to $1,000,000. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

This case is part of an ongoing collaboration of federal, state, county and local law enforcement agencies focusing on drug and gun-trafficking cases in the Northeast Kingdom. United States Attorney Nikolas P. Kerest commended the combined investigatory efforts of the Northeast Vermont Drug Task Force; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; the Federal Bureau of Investigation; the Orleans County Sheriff’s Department; and the Newport Police Department.

Assistant U.S. Attorney Matthew Lasher represents the United States in the prosecution. Assistant Federal Public Defender Sara Puls and A.J. Ruben, Esq. represents Byrd.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on March 14, 2024, a federal grand jury returned an indictment charging Jack Gower, 36, of Burlington, Vermont, with distributing controlled substances to a person under 21 years of age.

Gower entered a plea of not guilty to the charges during an arraignment on March 21, 2024, before United States Magistrate Judge Kevin J. Doyle. Judge Doyle ordered that Gower be released on conditions during the pretrial phase of the case.

According to court records, Gower met a juvenile, on Reddit in the spring of 2023 and began selling controlled substances, including Xanax and Dilaudid, to the juvenile. In May 2023, the juvenile suffered a non-fatal overdose from controlled substances believed to have been acquired from Gower.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Gower is presumed innocent until and unless proven guilty. Gower faces a mandatory minimum of 1 year in prison and up to 40 years in prison if convicted. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Milton Police Department.

The prosecutor is Assistant United States Attorney Corinne Smith. Gower is represented by the Office of the Federal Public Defender.

Burlington, Vermont – The United States Attorney’s Office stated that Tracy Thibodeau, 47, of Windsor, Vermont was sentenced yesterday in United States District Court in Burlington to time served following her guilty plea to a charge of credit union fraud. U.S. District Judge William K.  Sessions III ordered that Thibodeau serve three years of supervised release and pay $136,936.57 in restitution. Thibodeau had not served any period of imprisonment prior to yesterday’s sentence.

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

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

Thibodeau pleaded guilty to the indictment last fall.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the United States Secret Service and the Hartford Police Department.

Thibodeau is represented by Chandler Matson, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.