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27 February 2024
Falls Church Man Charged with Online Posts Threatening Local ChurchRead the Press Release
ALEXANDRIA, Va. – A Falls Church man has been charged by criminal complaint with posting threatening messages online against the congregants of a Haymarket church.
According to the complaint affidavit, Rui Jiang, 35, posted various threatening messages on his Instagram account against Park Valley Church and its congregants. These posts allegedly began on September 23, 2023, and extended into the next day. An acquaintance of Jiang saw these posts and alerted law enforcement on September 24, 2023. A Prince William County Police officer, as well as the church’s private security team, located and detained Jiang on church premises. Jiang allegedly was found to be in possession of a firearm, ammunition, and a knife. The defendant had arrived at the church during a popular Sunday service time with a large congregation in attendance.
According to court documents, Fairfax County Police officers obtained a search warrant to enter Jiang’s residence and allegedly found a letter, dated September 24, 2023, that stated, among other things, “To the families of those men about to be slain – I am sorry for what I have done and about to do.”
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; David J. Scott, Special Agent in Charge of the FBI Washington Field Office Criminal Division; Amy Ashworth, Commonwealth’s Attorney for Prince William County; and Peter Newsham, Chief of Police for Prince William County, made the announcement.
Assistant U.S. Attorney Nicholas Durham is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:24-mj-64.
A complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Dubuque Man Who Solicited Explicit Photos from an Eleven-Year-Old Girl Sentenced to Two Decades in Federal PrisonRead the Press Release
A man who possessed child sexual abuse material and solicited sexually explicit images from minor children was sentenced today to 20 years in federal prison.
Steven Niedert, age 47, from Dubuque, Iowa, received the prison term after an August 14, 2023, guilty plea to one count of receipt of child pornography.
In a plea agreement, Niedert admitted he communicated with an eleven-year-old girl in November and December 2017. The communications occurred using an app called AntiChat, which does not automatically retain copies of communications. During those communications, Niedert asked the girl to send him sexually explicit photos, including two photos in which the victim was digitally penetrating herself. The victim’s mother discovered the communications and reported them to the police.
Police officers used Niedert’s AntiChat and social media usernames to identify him as the individual communicating with the victim. Pursuant to search warrant, officers searched Niedert’s Dubuque home in January 2019. The officers seized numerous electronic devices. Officers discovered thousands of files containing child sexual abuse material on the devices. The files included the explicit images the victim had sent, as well as communications and images Niedert solicited from other minors.
Niedert was sentenced in Cedar Rapids by United States District Court Chief Judge C.J. Williams. Niedert was sentenced to 240 months’ imprisonment. He was ordered to pay $9,000 in restitution. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Niedert is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Patrick Reinert and Tony Morfitt and investigated by the Dubuque Police Department, the Manitowoc, Wisconsin, Police Department, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-1007.
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Defendant Sentenced for Violent Assault of FBI Special Agent and Distribution of MethamphetamineRead the Press Release
ATLANTA - Cedrick Hill, 31, of Marietta, Ga., has been sentenced to 26 years of imprisonment for the violent assault of an FBI special agent and the sale of multiple kilos of methamphetamine. While trying to evade arrest, Hill drove a vehicle at high speed while the agent was trapped in the driver’s side door of the defendant’s truck, resulting in the agent’s hospitalization for two weeks and a lengthy recovery.
“Determined to escape at all costs, this defendant gravely injured an FBI special agent in the line of duty,” said U.S. Attorney Ryan K. Buchanan. “No sentence can remedy the physical and emotional harm suffered by the agent because of Hill’s conduct, but hopefully this sentence will cause others to think twice before risking harm to law enforcement officers during the performance of their duties. This case is also an important reminder to the community of the risks faced by law enforcement officers daily and the respect and admiration they earn through exceptional acts of bravery taken to protect the public.”
“Anyone who assaults a law enforcement officer is dangerous and an extreme threat to public safety. Hill showed absolutely no regard for the life of our agent and caused him extreme harm. We are thankful that the agent has recovered, and Hill is finally being held accountable for his crimes,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “This case is an important reminder of the risks that our law enforcement officers face every day to keep our communities safe and the length we will go to remove violent offenders from our streets.”
According to United States Attorney Buchanan, the charges, and other information presented in court: On October 12, 2017, Cedrick Hill was indicted by a federal grand jury in a 30-defendant indictment alleging various gang-related and drug offenses. Hill was specifically charged with supplying gang members with approximately six kilograms of methamphetamine over the course of two drug transactions. Hill initially avoided arrest by going into hiding, traveling to multiple states via bus and rental cars.
Later, after determining Hill’s location in the early morning hours of January 4, 2018, an FBI special agent encountered Hill in the foyer of a hotel in Sandy Springs, Georgia, and attempted to arrest him. Hill initially complied with the agents’ instructions to put his arms behind his back, but then suddenly began resisting as the agent began to handcuff him. Hill then ran through the lobby of the hotel, jumped over a counter, and bolted from the hotel with the agent in pursuit. As Hill ran to his truck and climbed into the driver’s seat, the agent followed and became lodged in the driver’s side door.
With the agent caught in the door, Hill drove through the parking lot at a high rate of speed, dragging the agent, crushing him at various points of impact in an attempt to shake the agent loose, and breaking the agent’s arm and femur. With his free hand, the agent managed to discharge his service weapon, striking Hill twice. But Hill continued to drive at a high rate of speed, exited the hotel parking lot, crossed Interstate 285, and turned down an access road. Eventually Hill stopped the vehicle, opened the door, and released the seriously injured agent onto the side of the road. The agent managed to call 911 and request medical care for Hill and himself.
The agent’s injuries were extensive, requiring two weeks of hospitalization, multiple surgeries, and 18 months of rehabilitation. He suffered permanent nerve damage in his arm, among other lasting injuries.
U.S. District Judge Amy Totenberg sentenced Hill to 26 years in prison, to be followed by 60 months of supervised release.
The case was investigated by the Federal Bureau of Investigation.
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6280. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Connellsville Resident Indicted for Creating and Distributing Child Sexual Abuse MaterialRead the Press Release
PITTSBURGH, Pa. - A resident of Connellsville, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of producing and distributing child sexual abuse material, United States Attorney Eric G. Olshan announced today.
The two-count Indictment named James Paul Schwarz, 37, as the sole defendant in this case.
According to the Indictment, from in and around October 2022 to in and around September 2023, Schwarz took videos and photos of a minor victim engaged in sexual conduct, then distributed those materials to others.
The law provides for a maximum sentence of not less than 15 years and up to 30 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Connecticut Man Sentenced to More Than Three Years in Prison for Corporate Fraud SchemeRead the Press Release
BOSTON – A Connecticut man was sentenced today in federal court in Boston for fraudulently obtaining over $500,000 from his former employer, New England Sports Network (NESN).
Ariel Legassa, 52, was sentenced by U.S. District Court Judge Indira Talwani to 42 months in prison and three years of supervised release. Legassa was also ordered to pay restitution and forfeiture of $580,000 and a $1,000 special assessment. In November 2023, Legassa was convicted of seven counts of mail fraud and three counts of unlawful monetary transactions following a five-day jury trial.
“This was brazen fraud driven by the defendant’s greed. Mr. Legassa violated the faith NESN placed in him as a senior executive to game circumvent the company’s internal controls and line his own pocket. This type of criminal conduct is not just about the stolen money. The abuse of trust inherent in these types of sophisticated white collar schemes leaves a trail of victims,” said Acting United States Attorney Joshua S. Levy.
“Supplementing your paycheck by scamming your employer is a really bad career move. But Ariel Legassa did exactly that, taking advantage of the trust NESN placed in him to steal over $575,000 which he used to fund a lavish lifestyle,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Justice demands that financial fraudsters like Legassa be held accountable for their crimes and today’s sentence ensures that he will pay for what he did with prison time and restitution.”
From approximately December 2020 to January 2022, Legassa orchestrated a scheme to defraud NESN. In early 2021, Legassa negotiated a contract with a New York company to provide web development services for NESN. At the same time, Legassa created a fake business under the same name as the new vendor. He then used this company to receive fraudulent payments from NESN.
During the life of the contract between the New York company and NESN, in addition to approving legitimate invoices from the New York company, Legassa created and approved 11 fake invoices from his fake business. In total, NESN paid Legassa’s fake company over $500,000. Legassa spent the funds on personal expenses, including a private plane, a Tesla, a BMW, a Land Rover and credit card bills. He also transferred the funds into other accounts under his control.
Acting U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Assistant U.S. Attorneys Benjamin A. Saltzman and Mackenzie A. Queenin of the Securities, Financial & Cyber Fraud Unit and Carol E. Head of the Asset Forfeiture Unit prosecuted the case.
Columbia Man Indicted for Producing, Distributing Child PornographyRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man was indicted by a federal grand jury today for a scheme to produce and distribute child pornography involving six child victims.
Ryan Edward Hine, 27, was charged in a seven-count superseding indictment returned by a federal grand jury in Jefferson City, Mo. Today’s superseding indictment replaces the original indictment that was returned on March 7, 2023, and includes additional charges.
Hine has been detained in federal custody without bond since his arrest on a federal criminal complaint on Feb. 7, 2023.
According to an affidavit filed in support of the original criminal complaint, Hine began texting with a 15-year-old female in Mississippi in July 2018. Hine regularly requested her to produce and send to him sexually explicit images and videos. Hine allegedly traveled to Mississippi on a monthly basis in 2019 to engage in sexual acts with the child victim, which he recorded with his cell phone to produce videos of child sexual abuse.
Hine advertised the child sexual abuse material to buyers on multiple chat communication services, says the affidavit, posing as the child victim while engaging the buyers. This continued through 2020.
In the fall of 2021, Hine allegedly sent videos that depicted himself and the child victim engaging in sexual acts to a second minor female victim, in order to recruit her to produce videos. Hine paid for child pornography videos produced by the second minor female and a minor male victim. According to the affidavit, the videos produced by these two minor victims were then sold and distributed.
Today’s indictment charges Hine with one count of attempting to entice a minor, identified in court documents as “MV1,” to engage in criminal sexual activity in order to produce child pornography. Hine is charged with three counts of attempting to use a minor, identified in court documents as “MV5,” to produce child pornography. Hine is charged with two counts of advertising child pornography, including videos that depicted three child victims, identified in court documents as “MV2,” “MV3,” and “MV4,” to two separate buyers. Hine is charged with one count of receiving child pornography, including an image of a child victim identified in court documents as “MV6.”
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ashley S. Turner. It was investigated by Homeland Security Investigations Newark, N.J., office with assistance from the St. Louis, Mo., office.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Charlotte Man Pleads Guilty to $300K Wire Fraud Scheme Involving Stolen ChecksRead the Press Release
CHARLOTTE, N.C. – John Calvin Davis, III, 27, of Charlotte, appeared before U.S. Magistrate Judge Susan C. Rodriguez today and pleaded guilty to wire fraud for executing a scheme involving stolen checks, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD) join U.S. King in making today’s announcement.
According to filed plea documents and court proceedings, from August 2022 to January 2023, Davis obtained approximately 50 checks that were stolen from mailboxes in Charlotte. Davis then fraudulently endorsed the stolen checks, deposited the checks into accounts he controlled, and then withdrew the funds before the victims or the bank had an opportunity to determine that the checks were stolen. Through this scheme, Davis fraudulently obtained $304,355.56 in fraudulent proceeds.
Davis was released on bond following the guilty plea. The wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine. A sentencing date has not been set.
In making today’s announcement, U.S. Attorney King thanked the USPIS and CMPD for their investigation of the case.
Assistant U.S. Attorney Cassye Cole of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
Cedar Rapids Man Pleads Guilty to Being a Prohibited Person in Possession of a FirearmRead the Press Release
A felon and drug user who possessed a firearm pled guilty on February 26, 2024, in federal court in Cedar Rapids, Iowa.
Christopher King, age 52, of Cedar Rapids, was convicted of one count of being a prohibited person in possession of a firearm. At the plea hearing, King admitted that, in February 2023, he possessed a Glock pistol after having been convicted of two felonies and while being an unlawful drug user.
Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. King remains in custody of the United States Marshal pending sentencing. King faces a possible maximum sentence of fifteen years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the High Risk Unit of the Sixth Judicial District Department of Correctional Services, the Cedar Rapids Police Department, the Iowa Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 23-62.
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Cedar Rapids Man Charged with Being a Prohibited Person in Possession of FirearmsRead the Press Release
Kyler Goettsch, age 26, of Cedar Rapids, Iowa, has been charged with being a prohibited person in possession of firearms. The charges are contained in an Indictment filed on February 22, 2024, in United States District Court in Cedar Rapids.
The Indictment alleges that, in November 2023, Goettsch possessed two pistols after having been convicted of four felonies and a misdemeanor crime of domestic violence.
If convicted, Goettsch faces a possible maximum sentence of 15 years’ imprisonment, a $250,000 fine, and three years on supervised release following any imprisonment.
Goettsch appeared for an initial appearance today in federal court in Cedar Rapids and was held without bond. Goettsch’s next appearance for trial is set for April 15, 2024.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 24-16.
Follow us on Twitter @USAO_NDIA.
Carthage Man Sentenced for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Carthage, Mo., man was sentenced in federal court today for receiving and distributing child pornography.
James Beam, 36, was sentenced by U.S. District Judge Brian C. Wimes to 12 years in federal prison without parole. The court also sentenced Beam to 20 years of supervised release following incarceration. Beam will be required to register as a sex offender upon his release from prison and will be subject to federal and state sex offender registration requirements, which may apply throughout his life.
On Sept. 20, 2023, Beam pleaded guilty to one count of receiving and distributing child pornography.
An undercover FBI agent made contact with Beam through the Kik application in April 2023. Beam expressed a sexual interest in children and expressed his desire to meet for the purpose of engaging in sexual activity with the undercover agent’s niece.
Beam sent the undercover agent a video of child pornography on April 14, 2023. On the same day, Beam informed the undercover agent of his intent to abduct and rape a child. Beam said there were several old houses in the country near him where he could take the child. Because the undercover agent felt a child was in imminent risk of being kidnapped and sexually assaulted, an exigent request was submitted to Kik for Beam’s account information, which investigators used to identify and locate him.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Cybercrimes Task Force and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Career Offender Sentenced to More Than 15 Years for Fentanyl and Firearm PossessionRead the Press Release
Memphis, TN – A federal judge has sentenced a Shelby County man to more than 15 years in federal prison for unlawful possession of fentanyl with intent to distribute and for being a convicted felon in possession of a firearm. United States Attorney Kevin G. Ritz announced the sentence today.
According to information presented in court, in 2020, the Multi-Agency Gang Unit (MGU) initiated an investigation into the drug activities of Ehren Coble, 46, of Memphis. After their surveillance, investigators obtained a search warrant for Coble’s residence, recovering seven firearms and a variety of illegal drugs including cocaine, heroin, crack cocaine, marijuana, oxycodone, suboxone, Xanax, promethazine, and approximately 282 grams of fentanyl. Investigators also seized approximately $426,000 in drug proceeds. After his arrest, Coble provided a statement claiming ownership of the narcotics and admitted to selling fentanyl.
On November 7, 2023, Coble pled guilty to possession with intent to distribute fentanyl and being a convicted felon in possession of a firearm. On February 15, 2024, United States District Judge Thomas L. Parker sentenced Coble to 188 months in federal prison followed by four years of supervised release.
This case was investigated by the Multi-Agency Gang Unit, including the Shelby County Sheriff’s Office and Memphis Police Department, and assisted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
United States Attorney Kevin Ritz thanked Assistant United States Attorney Gregory D. Allen, who prosecuted this case, as well as law enforcement partners who investigated the case.
California Man Charged in $10 Million Health Care Fraud, Wire Fraud, and Kickback ConspiracyRead the Press Release
NEWARK, N.J. – A California man was arraigned today on charges relating to his role in a fraud and kickback scheme that caused more than $10 million in losses to Medicare, Attorney for the United States Vikas Khanna announced.
Adam Wayne Owens, 43, of Riverside, California, is charged in a superseding indictment with one count of conspiracy to commit health care fraud and wire fraud and one count of conspiracy to violate the federal Anti-Kickback Statute. Owens appeared today before U.S. District Judge Michael E. Farbiarz in Newark and was released on a $500,000 unsecured bond.
According to documents filed in the case and statements made in court:
From November 2018 to January 2020, Owens participated in a kickback and bribery scheme with testing companies and telemedicine providers, resulting in the submission of false and fraudulent claims to Medicare. Owens owned and controlled marketing companies in California through which he and his conspirators identified Medicare beneficiaries to target for at-home cancer genetic tests (CGX). Owens and his conspirators used a variety of methods to obtain personal and medical information from the Medicare beneficiaries, including making unsolicited telephone calls to elderly cancer patients. Owens and his conspirators then caused CGX testing kits to be sent to the beneficiaries regardless of whether they needed or wanted them. Once the CGX tests were completed and returned, Owens’ conspirators submitted claims for reimbursement to Medicare. In exchange for Owens’ role in the conspiracy, his companies received kickback payments ranging from $1,700 to $2,000 for each CGX test resulting in Medicare reimbursement.
To conceal the scheme, the testing companies wired various kickback payments to a shell company in New Zealand, which then wired the payments to bank accounts controlled by Owens in the United States. To further conceal the scheme, Owens entered into a sham contract with the New Zealand shell company which made it appear that one of Owens’ marketing companies was engaged in and being paid for legitimate marketing and referral services. Owens then generated invoices falsely purporting that the marketing company was providing hourly referral services for the New Zealand shell company. Instead, Owens received payments from the New Zealand shell company based solely on the number of CGX tests that Medicare reimbursed.
Owens and his conspirators caused a loss to Medicare of more than $10 million.
Conspiracy to commit health care fraud and wire fraud is punishable by a maximum potential penalty of 20 years in prison. Conspiracy to violate the federal Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison. Each count is also punishable by a fine of $250,000, or twice the gain or loss from the offense, whichever is greatest.
Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Acting Special Agent in Charge Brian J. Solecki; and the U.S. Department of Veterans Affairs Office of Inspector General, under the direction of Special Agent in Charge Christopher F. Algieri with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Garrett J. Schuman of the Health Care Fraud Unit and Senior Trial Counsel Barbara A. Ward of the Asset Recovery and Money Laundering Unit.
The charges and allegations contained in the superseding indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
owens.sindictment.pdfBronx, New York, Man Admits Soliciting Kickbacks in Multimillion-Dollar COVID-19 Testing Kickback ConspiracyRead the Press Release
NEWARK, N.J. – A Bronx, New York, man admitted his role in a kickback conspiracy involving COVID-19 testing, U.S. Attorney Philip R. Sellinger announced today.
David Weathers, 61, of Bronx, New York, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court on Feb. 26, 2024, to an indictment charging him with conspiring to violate the Anti-Kickback Statute by soliciting kickbacks for the referral of COVID-19 test samples.
U.S. Attorney Philip R. Sellinger“The defendant in this case has admitted to seeking payments for sending COVID-19 tests to a particular lab for processing. There is no place in our health care system for illegal payments made in attempt to influence medical decisions. My office will continue to prosecute those who attempt to corrupt the health care system.”
“It took fraudsters no time at all to hunt for a get rich quick scheme when the pandemic started,” FBI – Newark Special Agent in Charge James E. Dennehy said. “Weathers and his conspirators set their eyes on the federal government and the funding made available under the CARES Act. He now admits to asking a lab in New Jersey for kickbacks when he provided COVID-19 test samples, which were ultimately paid for by federal funding. Anyone who believes they will get away with their crimes as time passes should take note of this case, you will be brought to justice.”
According to documents filed in the case and statements made in court:
Weathers and his conspirators solicited kickbacks in exchange for providing COVID-19 test samples to Metpath Laboratories, a clinical laboratory located in Parsippany, New Jersey, that, among other things, conducted testing to detect the presence of COVID-19 in samples obtained from individual patients. Metpath paid kickbacks for the referrals of COVID-19 test samples and subsequently billed Medicare and other health care benefit programs for the tests, causing a loss of more than $3.5 million to federal programs.
The charge of conspiracy to violate the Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greatest. Sentencing is scheduled for July 10, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney DeNae Thomas of the Health Care Fraud Unit in Newark.
weathers.indictment.pdfBristol Man Pleads Guilty to Participating in Vehicle Theft SchemeRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that RYAN TESTA, 47, of Bristol, pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to charges stemming from a series of vehicle thefts from dealerships using personal information from identity theft victims.
According to court documents and statement made in court, beginning in approximately September 2020, Testa’s alleged co-conspirator utilized personal information stolen from residents of Connecticut and other states to apply for vehicle loans at dealerships in Connecticut, New Jersey, Pennsylvania, Delaware, and Rhode Island for motorcycles, an all-terrain vehicle, and other performance vehicles. Once the loan was approved by the dealership using the identity theft victim’s information, Testa’s co-conspirator would send a series of runners, including Testa, to pick up the vehicle utilizing a fictitious driver’s license that included the identity theft victim’s information and a photograph of the runner. The vehicle was then transported back to Connecticut for resale on Facebook Marketplace.
Testa pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud, which carries a maximum term of imprisonment of 30 years, and one count of aggravated identity theft, which carries a mandatory consecutive term of imprisonment of two years. Judge Hall scheduled sentencing for May 21.
Testa has been detained since May 16, 2023.
This matter is being investigated by the Federal Bureau of Investigation the FBI’s New Haven Safe Streets/Gang Task Force, the Bridgeport Police Department, the Hopkinton (R.I.) Police Department, the Westtown – East Goshen Regional (Pa.) Police Department, and the Washington Township (N.J.) Police Department. The case is being prosecuted by Assistant U.S. Attorneys Lauren C. Clark and Heather M. Cherry.
Brazilian Man Previously Convicted of Murder Sentenced to 10 Years in Prison for Illegally Entering the United StatesRead the Press Release
BOSTON – A Brazilian man who formerly resided in New Bedford was sentenced to ten years imprisonment today in federal court in Boston for illegal reentry. The defendant is currently serving a sentence imposed in Massachusetts state court of 25 years-life in prison for a 2016 murder conviction. The defendant also was previously convicted of armed assault to murder and domestic assault and battery.
Walter Gomes DaSilva, 52, was sentenced by US District Court Judge Angel Kelley to 10 years in prison to be served consecutive to his current state sentence of 25 years-life in prison for murder. In December 2019, DaSilva pleaded guilty in federal court to a one count of unlawful reentry of a deported alien.
“Enforcing this country’s immigration laws for dangerous individuals who commit crimes in this country and then return after deportation is critical to public safety. Mr. DaSilva will pay a serious price for the violence he inflicted on our community,” said Acting United States Attorney Joshua S. Levy.
“This sentence sends the right message to any who think they can violate our immigration laws with impunity and get away with it,” said Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO) Boston. “ERO Boston recognizes and appreciates the commitment of the office of U.S. Attorney for Massachusetts for its commitment to prosecuting immigration law violators like DaSilva, who was previously convicted of murder. Enforcement of federal immigration law increases the protection of public safety and protects our communities from the potential threat posed by individuals like this defendant.”
DaSilva was first deported from the United States in 1999 after being convicted of domestic assault and battery. Sometime after his removal, DaSilva illegally reentered the United States. In 2002, he was encountered by immigration officials after being charged with armed assault to murder in Middlesex Superior Court. DaSilva was later convicted of that charge and was sentenced to 8-10 years in prison. Upon completion of his sentence, DaSilva was placed into removal proceedings and was deported again to Brazil in March 2012.
Sometime after his 2012 removal, DaSilva illegally reentered the United States a second time. In 2016, DaSilva was encountered by immigration officials after being charged with murder in the Bristol Superior Court. DaSilva was later convicted of murder and sentenced to 25 years-life in prison.
Acting U.S. Attorney Levy and ICE ERO Field Office Director Lyons made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
Bergen County Man Indicted for Multimillion-Dollar Fraud SchemeRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man who collected millions of dollars in fees from victims seeking funding for their commercial projects that he misappropriated in part for his personal benefit while failing to secure the promised financing was indicted, U.S. Attorney Philip R. Sellinger announced today.
Jeffrey Kahn, 55, of Ridgewood, New Jersey, is charged with six counts of wire fraud and one count of money laundering. Kahn was previously charged by complaint with two counts of wire fraud for the same scheme in November 2021.
According to documents filed in this case and statements made in court:
From March 2018 through March 2020, Kahn devised a plan to defraud multiple victims of millions of dollars that were paid at Kahn’s direction to various accounts – including bank accounts in the name of Kahn’s financial advisory firm, Kahn Advisors, LLC – and characterized by Kahn as insurance premium payments, advance fees or taxes, in exchange for a promise of financing, including through an individual and a lender. To induce victims to pay money to Kahn, Kahn misrepresented to certain victims that he had conducted multiple successful financial transactions through the individual and the lender. Kahn continued to vouch for the individual, even after Kahn received information that there was a strong likelihood that the individual, who claimed to have an office in Teaneck, New Jersey, but who is instead believed to reside abroad and to have used an alias in his dealings with Kahn – was not a legitimate lender. Kahn also caused others to make misrepresentations to certain victims regarding their purported successful financing deals with Kahn and/or the individual. In reality, Kahn never obtained any financing from the individual or the lender for the victims.
Kahn further misrepresented to certain victims that the money they sent to Kahn and Kahn Advisors would continue to be held upon receipt until the victims provided their consent to the release of the funds. Instead, Kahn caused the victims’ funds to be transferred to other accounts, including bank accounts that Kahn controlled, without the victims’ prior consent, and then used portions of those amounts to pay for Kahn’s personal expenses and to pay back other victims.
As a result of the scheme, Kahn caused the victims to transfer more than $5 million in funds to accounts controlled by Kahn or provided to Kahn by the individual. Kahn misappropriated approximately $800,000 of those funds for his own personal benefit, and used an additional portion of those funds – approximately $447,000 – to pay back other victims of the scheme.
Each wire fraud count is punishable by a maximum of 20 years in prison and a fine of $250,000, or twice the gross amount of gain or loss from the offense, whichever is greater. The count of money laundering carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain to the defendant or gross loss to the victim, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Jennifer S. Kozar of the Economic Crimes Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
kahn.indictment.pdfBandidos Motorcycle Club Member Pleads Guilty to Federal Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jonathan Bivins pleaded guilty in federal court to being a felon in possession of a firearm and ammunition. Bivins, 41, of Alamogordo, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Bivins on Dec. 6, 2023. According to publicly available court records, on Aug. 31, 2023, the FBI and New Mexico State Police executed a federal search warrant targeting the Bandidos Motorcycle Club (BMC) at a residence in Alamogordo. Bivins, a member of the BMC, was located at the residence along with his motorcycle, BMC gang paraphernalia and thirteen firearms. As a previously convicted felon, Bivins knew that he was prohibited from owning firearms or ammunition.
At sentencing, Bivins faces up to 15 years in prison.
The FBI Albuquerque Field Office and New Mexico State Police led the investigation as part of the Outlaw Motorcycle Gang Task Force. Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are prosecuting the case.
Attempted sex trafficking of minor in Billings sends Virginia man to prison for 10 yearsRead the Press Release
MISSOULA — A Virginia man convicted in a jury trial of attempting to trafficking a minor while in Billings was sentenced today to 10 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
A federal jury convicted Mark Samuel Baker, 57, of Gore, Virginia, of attempted sex trafficking of a minor as charged in an indictment on Sept. 19, 2023, following a two-day trial in Missoula.
U.S. District Judge Dana L. Christensen presided.
In court documents and during trial, the government alleged that from July 11, 2022 to July 13, 2022, Baker knowingly attempted to recruit and solicit a minor to engage in commercial sex. During the investigation, an undercover officer used the internet to post an advertisement purporting to be a female escort who was the minimum allowed posting age of 18. About six hours later, the undercover agent received a message in response to the ad from a phone number later identified to be Baker’s. Law enforcement responded on July 12, 2022 asking if Baker wanted “a date.” Law enforcement and Baker communicated over the next two days. One of the exchanges included: Law enforcement asks, “Are u ok if I’m not 18.” Baker responds, “Yes as long as you are ok I’m 49.” Law enforcement writes, “I’m almost 16 if ur cool w that.”
Baker and the undercover discussed how much time $80 would buy, and Baker said he wanted sex with the undercover officer. Baker also sent pictures of the cash he would use and of himself. They then made plans to meet in Billings and go to Baker’s hotel. Law enforcement arrested Baker on July 13, 2022 when he showed up at the designated time. A call was then placed to the phone number law enforcement had been texting, and a smartphone in Baker’s vehicle lit up with the undercover’s number. Law enforcement found $375 in cash, a hotel passkey and four condoms on Baker’s person.
The U.S. Attorney’s Office prosecuted the case. The FBI, Montana Division of Criminal Investigation and Billings Police Department conducted the investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Armed Robberies of Metro Liquor Stores Land Oklahoma City Man in Federal Prison for 25 YearsRead the Press Release
OKLAHOMA CITY – Today, MARCUS ANGELO BUFORD, 29, of Oklahoma City, was sentenced to serve 300 months in federal prison for two counts of interference with commerce by robbery, and one count of possessing, brandishing, and discharging a firearm in furtherance of a crime of violence, announced United States Attorney Robert J. Troester.
On November 1, 2022, a federal grand jury returned a four-count Indictment against Buford, charging him with two counts of interference with commerce by robbery, a count of possessing and brandishing a firearm during the first robbery, and a separate count of possessing, brandishing, and discharging a firearm during the second robbery. According to public record, on May 25, 2022, Buford robbed two separate Oklahoma City liquor stores, and brandished a firearm during both robberies. During his second robbery, Buford shot the owner of the liquor store in the head before he fled, leaving his victim behind in the parking lot.
On March 28, 2023, Buford pleaded guilty to taking liquor from the two Oklahoma City liquor stores through force, and he admitted to discharging a firearm during the second robbery.
At the sentencing hearing today, U.S. District Judge Charles Goodwin sentenced Buford to serve 300 months in federal prison, followed by five years of supervised release. In announcing his sentence, the court noted Buford’s disregard for human life, and that it was the court’s belief Buford “intended to kill” when he fired his weapon.
This case is the result of an investigation by the FBI Oklahoma City Field Office. Assistant U.S. Attorneys Travis Leverett, Jacquelyn M. Hutzell, and Matthew B. Dillon prosecuted the case.
This case is also part of “Operation Shots Fired.” Operation Shots Fired targets cases involving individuals who discharge firearms as part of their criminal activity, such as drive-by shootings or when shots are fired during robberies, domestic disputes, or other incidents. For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.
Reference is made to public filings for additional information.
Armed Carjacker who Shot at Victim Sentenced to Eleven Years in Federal PrisonRead the Press Release
INDIANAPOLIS- Anthony Porter, 36, of Indianapolis, has been sentenced to 11 years in federal prison after pleading guilty to carjacking, discharging a firearm during a crime of violence, and illegal possession of a firearm by a convicted felon.
According to court documents, on April 17, 2023, around 8:30pm, Porter had been loitering by the entrance of a local convenience store located at 9852 East 21st Street in Indianapolis, Indiana, when he followed a male customer to his car. Porter approached the victim’s car alone, brandished a firearm, and forced him to leave the car. As the victim was getting out of the car, Porter discharged his firearm at the victim as he fled to safety with his hands in the air. Porter fled the scene in the stolen vehicle.
After a brief search for the victim’s vehicle, Porter was later located, arrested, and interviewed. During a subsequent search of the victim’s vehicle, officers found a 9mm handgun inside of Porter’s fanny pack.
At the time of his arrest, Porter had been previously convicted of two residential entry felonies. The felony convictions prohibit Porter from ever legally possessing a firearm.
“This violent criminal illegally armed himself, carjacked an innocent victim, and fired his weapon at the victim with utter disregard for human life,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “Reducing gun violence in our communities is a top federal law enforcement priority, and I commend the FBI and IMPD for their work to hold this repeat offender accountable.”
“The sentence the defendant received demonstrates the FBI’s commitment to investigate violent crimes, and highlights the teamwork between agencies to protect the public and ensure this predator is behind bars and no longer able to terrorize our community,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton.
The FBI and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge Jane Magnus-Stinson. Judge Stinson also ordered that Porter be supervised by the U.S. Probation Office for 5 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Jeremy C. Fugate, who prosecuted this case.
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.
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Anchorage man charged with multiple firearms crimesRead the Press Release
ANCHORAGE, Alaska – A federal grand jury in Alaska returned an indictment charging an Anchorage man with being a felon in possession of firearms and ammunition.
Court documents allege that on Sept. 7, 2023, Christopher Nickalaskey, 32, possessed multiple firearms and ammunition.
According to court documents and a press release from the Anchorage Police Department, on Oct. 1, 2023, Nickalaskey possessed a firearm during an encounter with police. The release alleges Nickalaskey was contacted by police and began to fight officers. During the altercation, Nickalaskey allegedly reached for a gun in his waistband and pulled the trigger, striking himself and an officer in the lower body.
At the time of both alleged events, Nickalaskey was a convicted felon. Nickalaskey was convicted of a drug crime in the Anchorage Superior Court in 2014 and of being a felon in possession of a firearm in the U.S. District Court for the District of Alaska in 2021.
Nickalaskey is charged with two counts of felon in possession of firearms and ammunition. The defendant will make his initial court appearance on a later date before a U.S. Magistrate Judge of the U.S. District Court for the District of Alaska. If convicted, he faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska, Acting Special Agent in Charge Kevin Vorndran of the FBI Anchorage Field Office and Chief Michael Kerle of the Anchorage Police Department made the announcement.
The FBI Anchorage Field Office and Anchorage Police Department are investigating the case.
Assistant U.S. Attorney Jennifer Ivers is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Alexander City Man Sentenced to 99 Months in Prison for Unlawful Possession of a MachinegunRead the Press Release
MONTGOMERY, ALABAMA – Today, Acting United States Attorney Jonathan S. Ross announced the sentencing of an Alexander City, Alabama man for possessing a handgun converted to function as fully automatic by a machinegun conversion device. On February 20, 2024, a federal judge sentenced 23-year-old Alan Lyrenski Sandlin to 99 months in prison. Federal inmates are not eligible for parole. Previously, on October 30, 2023, Sandlin pleaded guilty to the offense.
According to the plea agreement and other court records, in April 2023, law enforcement agents conducting a narcotics investigation arrested Sandlin at a residence in Goodwater, Alabama. Agents searched the house following the arrest and found a handgun equipped with a machinegun conversion device. Machinegun conversion devices, commonly known as “switches” or “auto sears,” are installed on firearms and allow the guns to function as fully automatic weapons capable of firing up to 20 rounds per second. Weapons equipped with these devices pose a significant threat to communities and law enforcement due to their rapid rates of fire. Under the relevant federal statute, possession of a conversion device alone is considered to be possession of a machine gun, meaning that it is illegal to have a machine gun conversion device, regardless of whether the device is attached to a firearm.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tallapoosa County Narcotics Task Force investigated this case, with assistance from the Alexander City Police Department, the Tallapoosa County Sheriff’s Office, the Coosa County Sheriff’s Office, and the United States Marshals Service. Assistant United States Attorney Brandon W. Bates prosecuted the case.
After Jury Is Seated, Tax Preparer Pleads Guilty in $2.6 Million FraudRead the Press Release
Shortly after a jury was seated in his case, a Kennedale, Texas tax preparer pleaded guilty to a $2.6 million tax fraud, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Anthony “Tony” Floyd, 51, was charged in June 2023 with ten counts of aiding in the preparation and presentation of false tax returns. On the morning of his trial, shortly after a jury was seated, Mr. Floyd pleaded guilty to all 10 charges.
According to court documents, Mr. Floyd filed approximately 400 fraudulent tax returns that included false information designed to increase the amount of refund owed to the taxpayer.
He recruited victim “clients” outside big box stores and through other clients. He obtained their personal information, such as income and deduction information, via text or cell phone conversations, rarely meeting clients in person. Mr. Floyd purposely submitted the returns without reviewing with the taxpayer, then diverted all or most of the refund to his own account.
The resultant tax loss to the United States exceeded $2.6 million.
The tax filings included falsified W2s – filed on behalf of individuals purportedly working in catering, lawn care, event planning, interior décor, and other professions -- and included nonexistent charitable deductions, nonexistent college attendance, and even fictitious relatives.
“Mr. Floyd’s guilty plea shows that tax fraud is not a victimless crime,” said Christopher J. Altemus Jr., Special Agent in Charge of the IRS Criminal Investigation’s Dallas Field Office. “Mr. Floyd took advantage of his neighbors by preparing fraudulent tax returns and trying to steal over $2 million from the U.S. government. Mr. Floyd’s case should remind all tax practitioners to adhere to professional standards and follow the law.”
“Everyone must ensure what is submitted is true and accurate when filing their taxes, even if they are prepared by a professional,” Altemus added.
Mr. Floyd now faces up to three years per count, for a total of 30 years in federal prison.
IRS – Criminal Investigations conducted the investigation. Assistant U.S. Attorneys P.J. Meitl, Nancy Larson, and Mark Nicols (fmr) prosecuted the case.
26 February 2024
West Valley Man Sentenced to 27 Months’ Imprisonment After Admitting to Purchasing or Attempting to Purchase Multiple Rifles Intended for MexicoRead the Press Release
SALT LAKE CITY, Utah – Jose Manuel Barbosa-Torres, 36, of West Valley City, Utah, was sentenced to over two years’ imprisonment and three years’ supervised release after he admitted to three counts of aiding and abetting false statements during the acquisition or the attempted acquisition of a firearm. Barbosa Torres is the first of four defendants sentenced after their arrest and indictment in October 2023. See former press release here.
According to court documents and statements made at the change of plea hearing, Jose Manuel Barbosa-Torres, 36, of West Valley City, Utah, provided funding for his co-defendants to purchase or attempt to purchase multiple Barrett .50 caliber rifles in August 2023, in the District of Utah. The purchases were from Federal Firearm Licensees (FFLs). The defendants filled out an ATF Form 4473, where they indicated they were the actual transferee/buyer of the firearm and certified the submitted information was accurate, when it was false. Barbosa-Torres further admitted the firearms were acquired on behalf of another individual, who was transporting them to Mexico.
“Barbosa-Torres purchased or facilitated the purchase of at least eight .50 BMG caliber rifles knowing they would be trafficked to Mexico. These weapons have the capacity to inflict massive destruction,” said U.S. Attorney Trina A. Higgins of the District of Utah. “Working with law enforcement, my office will continue to vigorously prosecute firearm trafficking that could lead to violence in our district or anywhere else.”
“ATF is on the frontline of the fight against organized international firearms trafficking, said ATF Special Agent in Charge Brent Beavers. We are grateful for the collaboration between ATF and our industry partners which played a significant role in stopping the illegal flow of firearms into the hands of Sinaloa Cartel members in Mexico.”
Barbosa-Torres’ co-defendant Iliana Dennis is scheduled for sentencing on April 22, 2024, at 8:30 a.m. in courtroom 8.3 before a U.S. District Court Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City. Co-defendants Armando Figueroa Jr. and Cecilio Luis Arriaga are pending trial.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorney, Victoria McFarland of the U.S. Attorney’s Office for the District of Utah prosecuted the case.
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.
West Springfield Man Pleads Guilty to Unlawful Possession of MachinegunRead the Press Release
BOSTON – A West Springfield man pleaded guilty today in federal court in Springfield to possession of a machinegun.
Angel Vargas, Jr., 35, pleaded guilty to one count of unlawful possession of a machinegun before United States District Judge Mark G. Mastroianni who scheduled sentencing for June 14, 2024. Vargas was indicted by a federal grand jury in Jan. 2023.
On Jan. 5, 2023, a search of Vargas’s residence resulted in the recovery of four loaded firearms, including a privately manufactured firearm, or “ghost gun,” with a Glock-style machinegun conversion device – i.e., a “Glock switch” designed to enable a Glock semi-automatic pistol to fire automatically. Vargas’s cell phone was also recovered which contained additional evidence of Vargas’s possession and trafficking of other firearms, including other Glock switches. At the time of Vargas’s arrest, he was on pre-trial release on a Springfield District Court case in which he was charged with various firearms crimes.
Vargas faces a maximum sentence of 10 years in prison and three years of supervised release. Vargas has also agreed to the administrative forfeiture of the firearms, the Glock switch and the ammunition. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Feld Division made the announcement today. Valuable assistance provided by the West Springfield Police Department and the Massachusetts State Police. Assistant U.S. Attorney Steven H. Breslow of the Springfield Branch Office is prosecuting the case.
Webster Man Sentenced to 27 Years for Distributing, Receiving, and Possessing Child Sexual Abuse MaterialRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Jesse James Bertetto (30, Webster) to 27 years in federal prison for distributing, receiving, and possessing child sexual abuse material. The court also ordered Bertetto to register as a sex offender and pay $74,500 in restitution. A federal jury found Bertetto guilty on April 12, 2023.
According to testimony and evidence presented at trial, in December 2020, Bertetto possessed child sexual abuse material on his cellphone, including images and videos of minors under the age of 12. The web history on his cellphone revealed that he had searched for child sexual abuse material and had visited websites known to law enforcement as frequently containing child sexual abuse material.
In January 2022, Bertetto possessed images and videos of children on another cellphone, including young children being sexually abused. He also actively traded videos of child sexual abuse material over a social media platform in January 2022.
“Jesse Bertetto perpetuated the abhorrent behavior of sexually exploiting children online, contributing to the severe psychological damage these children will endure the rest of their life,” said HSI Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Alongside partners like the Volusia County Sheriff’s Office, our investigators are dedicated to removing this vile content from the dark web and holding these predators accountable for their actions.”
This case was investigated by Homeland Security Investigations (HSI) – Tampa and the Volusia County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilyssa Spergel.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
United States Returns Alleged Murderer to MexicoRead the Press Release
On Feb. 20, the United States surrendered to Chihuahua, Mexico, state authorities Saul Luna Villa, also known as Saul Luna and Pantera, 24, a U.S. citizen of El Paso, Texas, charged with aggravated femicide for allegedly murdering his partner, A.M.B.V., in April 2023, in Ciudad Juarez, Chihuahua.
Luna Villa was escorted by the U.S. Marshals Service and surrendered to the Government of Mexico at the Lerdo Stanton International Bridge. He now faces justice in Mexico. This action reflects ongoing bilateral cooperation between the United States and Mexico to investigate crimes and bring those responsible to justice, no matter where they are.
The Justice Department’s Office of International Affairs provided significant assistance in securing Luna Villa’s return to Mexico. The Department of State’s Diplomatic Security Service, U.S. Marshals Service, Homeland Security Investigations’ (HSI) Office in Ciudad Juarez and El Paso sectors, U.S. Army Criminal Investigation Division, and Attorney General's Office of Chihuahua also provided invaluable support in this case.
U.S. Attorney's Office to Co-Host Panel on Diversifying the Criminal Justice Field at the University of North Carolina at CharlotteRead the Press Release
CHARLOTTE, N.C. – Today, U.S. Attorney Dena J. King will be joined by professionals in the criminal justice field for a panel discussion at the University of North Carolina at Charlotte (UNC Charlotte) on the topic of “Diversifying the Criminal Justice Landscape.”
The event is a collaboration between the U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Black Law Society of UNC Charlotte, as part of ATF’s “Law Enforcement Leaders of America” (LELA) program, which aims to advance diversity in the criminal justice profession.
“The LELA program is focused on introducing college students to a multitude of career paths within the criminal justice field. The goal of the program is to promote diversity in all areas of criminal justice and foster an inclusive workplace that mirrors the communities we serve,” said U.S. Attorney King. “A diverse workforce, defined not only in terms of race and gender, but also religion, sexual orientation, gender identity, culture, ethnicity, disability, and socioeconomic background, brings a unique understanding and perspective that can help improve public safety and develop creative solutions in our crime reductions efforts. I am looking forward to engaging directly with undergraduate students and stimulating their interest in careers they may not have considered up to this point.”
“Through our LELA program, we’re reaching a number of young candidates early in their job search, highlighting the benefits of public service and encouraging them to consider a very worthwhile career,” said ATF Special Agent in Charge Bennie Mims. “ATF and our partners have held panel discussions with students at colleges and universities across the Carolinas, detailing the many opportunities available in public safety. This field can be both rewarding and challenging, so we gather a diverse and experienced panel to detail the reason they decided to enter public service and the steps they took to overcome the challenges in their way.”
U.S. Attorney King will be joined in this panel discussion by criminal justice professionals representing federal, state and local government agencies, who will share valuable perspectives on career paths, job preparation, and overcoming challenges and roadblocks. College students attending the event will also receive practical information on a broad range of topics related to the hiring process, internship opportunities, and career advancement. Following the panel discussion, students will have an opportunity to ask questions and network with the panelists.
U.S. Attorney King has participated in multiple LELA events held on college campuses throughout North Carolina, primarily at Historically Black Colleges and Universities (HBCUs), including Johnson C. Smith University, Livingstone College, Winston Salem State University, and North Carolina Central University, U.S. Attorney King’s alma mater.
Two Men Indicted for Attempting to Sell 25 Pounds of MethamphetamineRead the Press Release
Yakima, Washington - On February 13, 2024 a federal grand jury for the Eastern District of Washington returned an indictment charging Jesus Birrueta-Mendoza and Germain Reyna Saucedo with one count of Possession with Intent to Distribute 50 Grams or More of Actual (Pure) Methamphetamine.
In January of 2024, Homeland Security Investigations (HSI) developed information that Birrueta-Mendoza had access to 50 pounds of methamphetamines and was offering to “front” a sample of the product.
On January 11, HSI agents used a confidential informant to meet with Birrueta-Mendoza. At the meeting HSI agents observed Birrueta-Mendoza give the informant 40 grams of methamphetamines. A few days later, the informant arranged to buy 50 pounds of methamphetamines from Birrueta-Mendoza for $60,000.
On January 18, Birrueta-Mendoza arrived at the Bi-Mart in Sunnyside, Washington to meet the informant. Saucedo was riding in the passenger seat of the vehicle. The informant asked where the drugs were and was told the drugs were in the backseat. Birrueta-Mendoza then said the bag contained half of the agreed amount of drugs.
Agents moved in and arrested Birrueta-Mendoza and Saucedo. Agents located a handgun in a holster on Saucedo’s waistband, along with $1,600 in cash.
The next day, agents obtained a search warrant for Birrueta-Mendoza’s vehicle. Agents opened the bag on the back seat of the vehicle, inside were 25 individually wrapped packages of methamphetamines weighing a total of 25.70 pounds in packaging.
“Over 25 pounds of illegal narcotics were taken off the street thanks to this seizure,” stated U.S. Attorney Waldref. “Illicit drugs harm our communities. My office, alongside our law enforcement partners, will continue to work tirelessly to protect our neighborhoods from those who distribute this poison.”
This ongoing case is being investigated by Homeland Security Investigations. This case is being prosecuted by Assistant United States Attorney Michael Murphy.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Case: 1:24-CR-2007-SAB
Two Gang Members Added to Federal Racketeering ConspiracyRead the Press Release
DAVENPORT, Iowa – A federal grand jury in Davenport, Iowa, returned a second superseding indictment on February 6, 2024, adding two Rock Island gang members to a racketeering conspiracy, which engaged in a years-long pattern of violence including acts of murder, shootings, robbery, and drug trafficking. As stated in a May 2023 press release, the original indictment charged twelve Quad City gang members.
The following defendants were added to the second superseding indictment:
- Kylea Dapri Cartwright, Jr., 27, of Rock Island, Illinois, is charged with racketeering conspiracy and felon in possession of ammunition. Cartwright is facing a maximum sentence of 30 years of imprisonment.
- Cortez Deangelo Cooper, Jr., a/k/a “Tez”, 30, of Rock Island, Illinois, is charged with racketeering conspiracy and felon in possession of ammunition. Cooper is facing a maximum sentence of 30 years of imprisonment.
As alleged in this second superseding indictment, those charged were members and associates of a criminal organization or enterprise known under multiple titles, including the Arsenal Courts Posse, Zone Fifth, Fifth Street Mafia, Rock Town Money Getters (RTMG), and Money Team, whose members and associates engaged in acts of violence between April 2006 to the present. Further, the second superseding indictment alleges that:
- On September 5, 2012, Cartwright Jr. and another co-defendant shot a firearm at a rival gang member;
- On June 1, 2020, while the City of Davenport was experiencing civil unrest, Cooper Jr., shot several rounds at a person who they believed to be a rival gang member; and
- On July 5, 2020, Cartwright Jr. shot at a rival gang member. The rival gang member died as a result of being shot.
The second superseding indictment may be viewed at the link below.
On February 20, 2024, Cartwright Jr. was arrested after a federal search warrant was executed in the 1300 block of 44th Street in Rock Island, Illinois. During the search, officers seized over 30 pounds of marijuana and gang paraphernalia. Cartwright, Jr., made his initial appearance in federal court on February23, 2024, before United States Magistrate Judge Stephen B. Jackson, Jr. of the United States District Court for the Southern District of Iowa.
Cooper Jr. is already incarcerated with the Bureau of Prisons on a federal drug trafficking sentence and will make his initial court appearance on a later date.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Davenport Police Department and the Rock Island Police Department are investigating the case, with assistance from the Scott County Sheriff’s Office, the Iowa Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, and the Drug Enforcement Administration.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Rock Island Gang Members Indictment
Tulare County Resident Sentenced to Prison for Counterfeit Treasury Check Conspiracy and Identity TheftRead the Press Release
FRESNO, Calif. — Michael Dugan, 49, of Exeter, was sentenced today to four years in prison for conspiracy, theft of public money, and aggravated identity theft, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between June 2020 and January 2022, Dugan worked with others to cash counterfeit U.S. Treasury checks throughout California’s Central Valley. These checks were cashed at various locations and were often written to appear to be in the names of other individuals. Dugan caused the cashing of counterfeit Treasury Checks worth over $500,000. While carrying out these crimes, Dugan used the personal identifying information of another person, including their name, date of birth, driver’s license number, and signature.
“Today’s sentence is a reminder that the Treasury Inspector General for Tax Administration is committed to aggressively investigating those who commit financial crimes impacting the tax administration and victimizing the citizens of our communities,” stated Special Agent in Charge Rod Ammari. “This case demonstrates the investigative capabilities and dedication of Treasury Inspector General for Tax Administration special agents. The Treasury Inspector General for Tax Administration is committed to protecting the financial infrastructure of the United States by pursuing individuals that abuse the tax administration to further their identity theft schemes.”
This case was the product of an investigation by the Treasury Inspector General for Tax Administration. Assistant U.S. Attorney Henry Z. Carbajal III prosecuted the case.
Titusville Man on Federal Supervision Pleads Guilty to Aggravated Identity Theft and Bank FraudRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Carmel Linot (33, Titusville) has pleaded guilty to bank fraud and aggravated identity theft. Linot faces up to 30 years in federal prison for bank fraud and a minimum mandatory penalty of 2 year in prison for the aggravated identity theft, which will run consecutive to any other prison sentence imposed. A sentencing date has not yet been set.
Linot is currently on federal supervised release in the Middle District of Florida for aggravated identity theft in a separate case. He was previously prosecuted by the U.S. Attorney’s Office, Jacksonville Division. Linot was arrested on June 12, 2023, and the court ordered him detained on the federal supervised release case and the new indictment involving bank fraud and aggravated identity theft.
According to the plea agreement and public records, Linot obtained the Social Security number (SSN) of a minor victim. Using this SSN, a counterfeit State of Georgia driver license, and false employment documents, Linot opened a bank account under a false identity at a credit union. After opening up the bank account in the false identity, he then obtained a credit card by using the victim’s SSN.
This case was investigated by the Brevard County Sheriff’s Office, the Jacksonville Sheriff’s Office, and the United States Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Suburban Chicago Man Sentenced to a Decade in Prison for Possessing Child PornographyRead the Press Release
CHICAGO — A suburban Chicago man has been sentenced to ten years in federal prison for possessing more than 3,000 images and videos depicting children engaged in sexually explicit conduct.
In 2017 and 2018, MIGUEL ASCENCIOS, also known as “Allison Wou,” 55, of Burr Ridge, Ill., used social media and a file-sharing service to receive and share computer files depicting child pornography. Among the thousands of files he possessed were videos depicting the sexual exploitation of toddlers.
Ascencios pleaded guilty last year to a federal charge of receipt of child pornography. In addition to the prison term, U.S. District Judge Robert W. Gettleman on Feb. 20, 2024, ordered Ascencios to pay $7,000 in restitution to four of his victims.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Ruth M. Mendonça, Inspector-in-Charge of the Chicago Division of the U.S. Postal Inspection Service. Substantial assistance was provided by the U.S. Attorney’s Office for the Central District of California, the Los Angeles County Sheriff’s Department, the Los Angeles Division of the U.S. Postal Inspection Service, and the U.S. Marshals Service.
“Defendant was not a passive participant in a victimless crime; rather, he directly contributed to both the victimization of children and demand for further material,” Assistant U.S. Attorney Anne L. Yonover argued in the government’s sentencing memorandum. “Defendant perpetuated the victims’ abuse and helped to preserve a permanent record of those images and videos.”
The government was represented by Ms. Yonover and former Special Assistant U.S. Attorney Malgorzata Kozaka.
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.
Springfield Man Pleads Guilty to Firearms ChargesRead the Press Release
BOSTON – A Springfield man pleaded guilty on Feb. 23, 2024 in federal court in Springfield to firearms charges.
Edward Nathan Gale, 24, pleaded guilty to one count each of being a felon in possession of firearm and ammunition, unlawful firearms dealing and unlawful possession of machineguns. United States District Judge Mark G. Mastroianni scheduled sentencing for June 14, 2024. Gale was indicted by a federal grand jury in Feb. 2023.
Between Feb. 22, 2022, and Dec. 2, 2022, Gale manufactured and distributed approximately 50 privately manufactured firearms (“ghost guns”) to individuals located in Kansas and Massachusetts. Between approximately Oct. 11, 2022, and Dec. 8, 2022, Gale also imported from China approximately 100 Glock-style machinegun conversion devices (“Glock switches”), approximately 60 of which he distributed in Massachusetts and elsewhere, along with other firearms and a silencer. On Jan. 5, 2023, a search of Gale’s residence resulted in the recovery of a Pioneer Arms semi-automatic rifle; numerous rounds of ammunition; assorted tools, parts and accessories used to manufacture ghost guns; and evidence of Gale’s importation and distribution of Glock switches. Gale had previously been convicted of a crime punishable by more than one year in prison, therefore his possession of the rifle and the ammunition (as well as the Glock switches) was illegal. Gale was not licensed to manufacture or distribute firearms, therefore his manufacturing and distribution of the ghost guns and the Glock switches was also illegal.
Gale faces a maximum sentence of 15 years in prison on the charge of felon in possession of firearm and ammunition; five years in prison on the charge of unlawful firearms dealing; and ten years in prison on the charge of unlawful possession of machineguns. Gale also faces a maximum of three years of supervised release on each count, and he has agreed to the forfeiture of a Pioneer Arms rifle and various tools, parts and accessories for the manufacture of ghost guns. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Feld Division made the announcement today. Valuable assistance provided by the Springfield Police Department and the Massachusetts State Police. Assistant U.S. Attorney Steven H. Breslow of the Springfield Branch Office is prosecuting the case.
Southern California Edison Agrees to Pay United States $80 Million to Resolve Lawsuit Stemming from 2017 Thomas FireRead the Press Release
LOS ANGELES – Southern California Edison (SCE) has agreed to pay the United States $80 million to resolve claims on behalf of the U.S. Forest Service to recoup costs and damages associated with the 2017 Thomas Fire in the Los Padres National Forest, the Justice Department announced today.
The settlement finalized Friday afternoon is the largest wildfire cost recovery settlement by the United States in the Central District of California. The Thomas Fire burned more than 280,000 acres – approximately 440 square miles – including over 150,000 acres of National Forest System lands in Ventura and Santa Barbara counties.
The Thomas Fire ignited in two locations on the evening of December 4, 2017. The first ignition was in Anlauf Canyon north of the City of Santa Paula. The second ignition occurred at the top of Koenigstein Road in Upper Ojai. The two fires joined and came to be known as the Thomas Fire.
In 2020, the United States filed a lawsuit on behalf of the Forest Service against SCE to recover costs incurred fighting the Thomas Fire and for the extensive damages that it caused to the Los Padres National Forest.
The United States alleged that SCE owned, maintained and operated power lines that caused both ignitions of the Thomas Fire. In Anlauf Canyon, the United States alleged that SCE power lines made contact with each other during a high-wind event, causing heated material to ignite dry vegetation below the conductors. On Koenigstein Road, the United States alleged that an SCE power pole transformer failed and caused an energized power line to fall to the ground, igniting adjacent dry vegetation.
“This record settlement provides significant compensation to taxpayers for the extensive costs of fighting the Thomas Fire and for the widespread damage to public lands,” said First Assistant United States Attorney Joseph T. McNally. “The United States Attorney’s Office will continue to aggressively pursue compensation from any entity that causes harm to our forests and other precious national resources.”
SCE agreed to pay the settlement without admitting wrongdoing or fault. SCE agreed to pay the $80 million settlement within 60 days of the effective date of the settlement agreement, which was February 23.
Assistant United States Attorneys Jill S. Casselman and Matthew Smock of the Complex and Defensive Litigation Section negotiated the settlement in this case.
South Carolina Man Found Guilty of Hate Crime for Killing a Transgender Woman Because of Her Gender IdentityRead the Press Release
WASHINGTON – After a four-day trial in a federal hate crime case, a jury found a South Carolina man, Daqua Lameek Ritter, guilty of all charges in the indictment, which included one hate crime count, one federal firearms count, and one obstruction count, all arising out of the murder of Dime Doe, a transgender woman.
“Acts of violence against LGBTQI+ people, including transgender women of color like Dime Doe, are on the rise and have no place in our society,” said Acting Associate Attorney General Benjamin C. Mizer. “The Justice Department takes seriously all bias-motivated acts of violence and will not hesitate to hold accountable those who commit them. No one should have to live in fear of deadly violence because of who they are.”
“A unanimous jury has found the defendant guilty for the heinous and tragic murder of Dime Doe, a Black transgender woman,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The jury’s verdict sends a clear message: Black trans lives matter, bias-motivated violence will not be tolerated, and perpetrators of hate crimes will be prosecuted to the fullest extent of the law. This case is historic; this defendant is the first to be found guilty by trial verdict for a hate crime motivated by gender identify under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. We want the Black trans community to know that you are seen and heard, that we stand with the LGBTQI+ community, and that we will use every tool available to seek justice for victims and their families.”
“Years of collaborative work were validated by a jury’s unanimous verdict: guilty. This sends a message of hope to our community that we will fight for the rights of those targeted for their gender identity or sexual orientation. As Dime Doe’s loved ones remember her, we hope this verdict provides them some comfort,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Our office will continue to work with the FBI to increase education on federal hate crime statues and how we can, and will, prosecute crimes motivated by bias in South Carolina.”
“Justice has prevailed in this case,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “This guilty verdict underscores the importance of upholding the rights and dignity of all individuals. This outcome will never completely erase the pain Doe’s family faces, but it is our hope that it brings a measure of closure to this tragic and heinous crime.”
Evidence presented at trial showed that Ritter was upset that rumors about his sexual relationship with Dime Doe were out in the community. On Aug. 4, 2019, the defendant lured Doe to a remote area in Allendale, South Carolina, and shot her three times in the head. At trial, the government proved beyond a reasonable doubt that Ritter murdered Doe because of her gender identity. Ritter then burned the clothes he was wearing during the crime, disposed of the murder weapon, and repeatedly lied to law enforcement.
Doe faces a maximum penalty of life in prison. A sentencing hearing will be scheduled at a later date. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Columbia Field Office investigated the case, with the assistance of the South Carolina Law Enforcement Division, Allendale County Sheriff’s Office, and Allendale Police Department.
Assistant U.S. Attorneys Brook Andrews, Ben Garner, and Elle Klein for the District of South Carolina and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.
This was the first trial under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act for violence against a transgender person. The Shepard-Byrd Act is a landmark federal statute passed in 2009 which allows federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity.
Additional information about the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is available here.
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Sanostee Man Sentenced to Supervised Probation for AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Melvin C. Smith was sentenced to one year of supervised probation. Smith must also pay full restitution to both victims. Smith, 63, of Sanostee, and an enrolled member of the Navajo Nation, pleaded guilty to assault by striking, beating, or wounding on November 28, 2023.
According to court records, on October 6, 2022, Smith used a long, hard wooden walking stick to assault his brother-in-law and his brother-in-law’s girlfriend. Smith also punched the girlfriend in the face. Following the assault, the two victims drove to Shiprock for medical treatment. Smith’s brother-in-law suffered a fractured forearm and cuts to his hand. His girlfriend suffered various contusions and a concussion without loss of consciousness. Days later, Smith called his brother-in-law and left an apologetic voicemail.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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Roofing Company Principal Pleads Guilty for Failing to Protect an Employee Who Fell to His DeathRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that JOSE LEMA, a/k/a “Jose Lema Mizhirumbay,” the founder and principal of ALJ Home Improvement, Inc., a New York roofing company, pled guilty to willfully violating Occupational Safety and Health Administration (“OSHA”) regulations, resulting in the death of an employee in New Square, New York, on or about February 8, 2022. LEMA pled guilty before U.S. Magistrate Judge Judith C. McCarthy, to whom the case is assigned. The defendant is scheduled to be sentenced on May 22, 2024.
U.S. Attorney Damian Williams said: “Jose Lema endangered the safety of his workers by disregarding regulations and failing to ensure his employees used fall protection systems. This conduct led to the tragically avoidable death of a roof worker at a construction site. Failure of small businesses to comply with safety regulations endangers workers and can lead to unnecessary and preventable tragedy, and this Office will hold them accountable.”
According to statements and filings made in court:
On the morning of February 8, 2022, LEMA sent an ALJ employee (“Victim-1”) and three other employees to install a roof on a three-story multi-family apartment building under construction in New Square, New York. LEMA failed to protect his employees from fall hazards by having them work on the roof at the worksite without fall protection. After ascending a ladder to the roof, Victim-1 fell to the ground and died from his injuries.
Victim-1’s deadly fall was not the first time an employee of LEMA and ALJ fell to their death at one of ALJ’s worksites or were exposed to fall hazards. The first death, on or about February 27, 2019, involved an ALJ employee who slipped off the roof of a newly constructed three-story home in Kiamesha Lake, New York. OSHA investigated and issued citations to ALJ numerous times for failing to ensure employes were using fall protection systems following the 2019 death and once after Victim-1’s death.
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LEMA, 41, of Nanuet, New York, is charged with one count of willful violation of OSHA regulations resulting in death, which carries a maximum sentence of six months in prison and a maximum fine of $250,000.
The maximum potential penalties in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding work of OSHA, the Department of Labor, Office of the Inspector General, and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York for their assistance.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorney Margery Feinzig is in charge of the prosecution.
Riverton man sentenced for being a felon in possession of a firearmRead the Press Release
Gentry Dean Blackburn, age 31, of Riverton, Wyoming, was sentenced to 53 months’ imprisonment for being a felon in possession of a firearm. U.S. District Court Judge Alan B. Johnson imposed the sentence on Feb. 20 in Cheyenne.
According to court documents, on Jul. 9, 2023, Riverton Police Department officers were dispatched to the area of the Riverton City Park in reference to a report of a discharged firearm. The officers noticed Blackburn, who matched the description given by the reporting party, walking near the park. The officers contacted Blackburn and eventually found a loaded Hi Point 9mm semi-automatic pistol wrapped in a bandana that Blackburn was carrying. The officers also found two spent cartridge casings in the area where witnesses saw Blackburn shoot the gun into the air. Having been previously convicted of a felony, Blackburn is prohibited from lawfully possessing a firearm. Blackburn was charged in federal court and pled guilty.
This crime was investigated by the Riverton Police Department and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Timothy W. Gist.
Case No. 23-00137
Powell man sentenced for defrauding the U.S. Forest ServiceRead the Press Release
Ronald Ostrom, age 54, of Powell, Wyoming, was sentenced to two years’ probation, including six months of home confinement, for 6 felony convictions related to stealing a horse owned by the U.S. Forest Service. The sentence also included restitution in the amount of $11,747, a fine of $2,500, and special assessments totaling $600.
Ostrom was convicted by a federal jury in Nov. 2023 on one count of stealing government property, one count of concealing and retaining government property, two counts of making false documents, and two counts of making false statements. Ostrom is a retired U.S. Forest Service employee. According to evidence presented at trial, and the jury’s verdict, Ostrom stole a government-owned horse when he retired from the Forest Service and made multiple false statements to cover up this theft.
This crime was investigated by the U.S. Forest Service and prosecuted by Assistant U.S. Attorney Michael J. Elmore.
Case No. 22-CR-00060
Poteau Resident Sentenced for Federal Drug CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Glen Berryhill, Jr., age 51, of Poteau, Oklahoma, was sentenced to 168 months in prison for Possession with Intent to Distribute Methamphetamine.
The charges arose from an investigation by the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics, and the Oklahoma Highway Patrol.
On July 6, 2023, Berryhill pleaded guilty to one count of Possession with Intent to Distribute Methamphetamine. According to investigators, on January 25, 2023, an OHP trooper conducting a traffic stop on Highway 69 near Checotah, Oklahoma, discovered Berryhill in possession of almost three kilograms of methamphetamine.
The Honorable Keith Starrett, Senior Judge in the United States District Court for the Southern District of Mississippi, sitting by assignment, presided over the hearings in Muskogee. Berryhill was remanded to the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Erin Cornell represented the United States.
Personal Pilot to Billionaire Investor Joseph Lewis Pleads Guilty to Insider Trading SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of PATRICK O’CONNOR to charges of committing securities fraud and conspiring to commit securities fraud through insider trading. O’CONNOR was arrested in July 2023 and pled guilty before U.S. District Judge Jessica G.L. Clarke today.
U.S. Attorney Damian Williams said: “As the private pilot for billionaire Joe Lewis — previously convicted by this Office of insider trading — Patrick O’Connor was in the orbit of Lewis’s high-flying lifestyle, and a criminal beneficiary of non-public information provided by Lewis. O’Connor accepted and criminally traded on what he knew to be inside information from his well-connected boss, for his own personal gain. O’Connor has now accepted responsibility and awaits sentencing for his federal crimes.”
According to the allegations contained in the Indictments and other filings and statements made in court:
PATRICK O’CONNOR worked as a personal pilot to his co-defendant in this case, JOSEPH LEWIS, for several years. LEWIS is a billionaire businessman and investor who is the principal owner of the Tavistock Group, an international private investment organization. At relevant times, by virtue of LEWIS’s investments in certain companies, he controlled one or more board of director seats at those companies and deputized employees to serve on various company boards. In turn, through these employees, LEWIS received material, non-public information about these companies.
During the course of his employment for LEWIS, on multiple occasions, O’CONNOR received material, non-public information from LEWIS and then traded on the basis of that information. On one occasion, after receiving inside information from LEWIS concerning Mirati Therapeutics, O’CONNOR wrote in a WhatsApp message to a friend that he had “talked with Mr. Lewis,” “we will make much more within the next 6 weeks with Mirati,” and “think we have people who know.” Days later, O’CONNOR wrote to the same friend to buy Mirati and that the “Boss[i.e., LEWIS] is helping us out and told us to get ASAP.” O’CONNOR added that “All conversations on app is encrypted so all good. No one can ever see.” A day later, O’CONNOR added in the same text thread that LEWIS said to buy Mirati stock, that Mirati “should only be short term,” and that the “Boss mentioned around 6 to 8 weeks for [Mirati] to take profit.” Within days, LEWIS wired $500,000 to O’CONNOR, and O’CONNOR then used the $500,000 to purchase Mirati stock. On or about October 22, 2019, O’CONNOR texted his same friend that October 28, 2019, was the “big day for MRTX.” O’CONNOR then added that he thought “the Boss has inside info” and “knows the outcome” because “otherwise why would he make us invest.”
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O’CONNOR, 67, of Preston Hollow, New York, pled guilty to one count of conspiracy to commit securities fraud, which carries a maximum potential sentence of five years in prison, and one count of securities fraud, which carries a maximum potential sentence of 20 years in prison.
LEWIS, 87, a British national, pled guilty on January 24, 2024, to one count of conspiracy to commit securities fraud, which carries a maximum potential sentence of five years in prison, and two counts of securities fraud, which each carry a maximum potential sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. O’CONNOR is sentenced to be scheduled on May 29, 2024.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation. He also expressed appreciation for the Securities Exchange Commission, which previously initiated civil proceedings against O’CONNOR.
This prosecution is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Nicolas Roos and Jason A. Richman are in charge of the prosecution.
Owatonna Sex Offender Pleads Guilty to Producing Child Pornography, Threatening to Carry Out a Murder PlotRead the Press Release
MINNEAPOLIS – An Owatonna sex offender has pleaded guilty on the first day of trial to producing sexually explicit images of a minor and sending graphic threats detailing a murder plot against his former child sexual abuse victim, announced U.S. Attorney Andrew M. Luger.
According to court documents, in March 2021, law enforcement in Cumberland County, Pennsylvania, began investigating Michael Lee Kurkowski, 28, regarding the communication and exchange of sexually explicit images of a minor. The investigation revealed that Kurkowski traveled to Pennsylvania to locate the minor and to try to continue a “relationship” after the minor attempted to end the online communications. In April 2021, Kurkowski was charged with multiple felonies and convicted in Cumberland County, Pennsylvania, of corruption of a minor related to the sexual exploitation of the minor and was sentenced to 142 days in prison followed by probation. Kurkowski’s probation conditions required him to register as a sex offender, not to contact his victim, to refrain from behavior which may present a danger to others, and not to possess any weapons.
According to court documents, in November 2021, law enforcement began investigating Kurkowski’s online communications and sexual exploitation of another minor victim. Investigators reviewed several messages from Kurkowski to the minor describing in graphic detail a plan to travel to Pennsylvania where Kurkowski would murder the parents of his former victim, rape his sister, and then kill her in front of his former victim.
According to court documents, on February 4, 2022, law enforcement learned that Kurkowski had purchased a Greyhound bus ticket and was currently en route to Harrisburg, Pennsylvania, the general location of Kurkowski’s former victim and his family. FBI investigators tracked Kurkowski to a bus stop in Toledo, Ohio, where authorities took him into custody. According to court documents, when he was arrested, Kurkowski had with him a bag containing 16 heavy flex cuffs, electrical tape, a taser, a knife, rubber gloves, handcuffs, and hooded facemasks.
Kurkowski pleaded guilty today in U.S. District Court before Judge Joan N. Ericksen to one count of threatening interstate communication and one count of production of child pornography. A sentencing hearing will be scheduled at a later date.
This case is the result of an investigation conducted by the FBI, the Owatonna Police Department, Steele County Community Corrections, the Upper Allen Township (Pennsylvania) Police Department, the East Peoria (Illinois) Police Department, Watertown (Wisconsin) Police Department, Toledo (Ohio) Police Department, and the Cedar Falls (Iowa) Police Department.
Assistant U.S. Attorneys Chelsea A. Walcker and Laura M. Provinzino are prosecuting the case.
Additionally, NCMEC’s peer support network, Team HOPE, can provide support, empowerment, and resources to families of missing or exploited children from people who have experienced a similar trauma. If you’d like to connect with someone for emotional support, email: gethelp@ncmec.org or call: 1-877-446-2632 ext. 6117.
Operation Smoke and Mirrors Update: Charleston Man Sentenced to Prison for Role in Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – John Paul Loudermilk, 61, of Charleston, was sentenced today to three years and one month in prison, to be followed by three years of supervised release, for conspiracy to distribute methamphetamine. Loudermilk admitted to his roles in a drug trafficking organization (DTO) that operated in the Charleston area.
According to court documents and statements made in court, between January and March 2023, Loudermilk conspired with others to distribute methamphetamine by helping co-defendant Karl Lamont Funderburk distribute methamphetamine to other customers. Loudermilk sometimes received fentanyl from Funderburk in exchange for doing this.
Loudermilk admitted to usually meeting with Funderburk in the Charleston area to obtain methamphetamine and fentanyl. Loudermilk further admitted that he generally received between one-half ounce and one ounce of methamphetamine at a time from Funderburk along with one gram of fentanyl, delivering the methamphetamine to customers, and collecting money from customers in exchange.
Loudermilk and Funderburk are among 32 individuals indicted as a result of Operation Smoke and Mirrors, a major drug trafficking investigation that has yielded the largest methamphetamine seizure in West Virginia history. Law enforcement seized well over 400 pounds of methamphetamine as well as 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms and $935,000 in cash.
Funderburk, 37, of Charleston, pleaded guilty on December 6, 2023, to conspiracy to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, conspiracy to distribute a quantity of cocaine, and conspiracy to distribute a quantity of fentanyl. He awaits sentencing. Loudermilk and Funderburk are among 27 defendants who have pleaded guilty. Indictments against the remaining defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-33.
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Omaha Man Sentenced to 16 Years’ Imprisonment for Methamphetamine ChargeRead the Press Release
United States Attorney Susan Lehr announced that Nathan Scott Jandreau, 38, of Omaha, Nebraska, was sentenced February 26, 2024, in federal court in Omaha for possession with intent to distribute methamphetamine. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Jandreau to 192 months’ imprisonment. There is no parole in the federal system. After Jandreau’s release from prison, he will begin a 10-year term of supervised release.
On February 10, 2023, law enforcement were conducting surveillance on a South Omaha residence looking for Jandreau who had a warrant for his arrest for violating the terms of his supervised release. Officers observed Jandreau exit the residence and leave in a car that officers stopped at a nearby location. After Jandreau was taken into custody, he advised officers that a backpack in the car was his. A search of the backpack revealed 335 grams of meth, and evidence of drug distribution consisting of digital scales and small plastic baggies.
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Bank RobberyRead the Press Release
United States Attorney Susan Lehr announced that Jason Felder, age 43, of Omaha, Nebraska, was sentenced on February 26, 2024, in federal court in Omaha for bank robbery. Chief Judge Robert F. Rossiter, Jr. sentenced Jason Felder to 180 months’ imprisonment. There is no parole in the federal system. After Felder’s release from prison, he will begin a 4-year term of supervised release.
On August 10, 2022, Jason Felder took a note that contained a bomb threat into the victim bank and then walked outside the bank. The victim teller reported it to the security guard working inside the bank, who happened to be an off-duty Wahoo police officer. The off-duty officer walked outside the bank to speak with Felder, and Felder got into a struggle with the officer. Felder fled into the residential area around the bank because Felder’s driver abandoned the scene.
Once Felder was in the residential area, he tried to get into several people’s vehicles but was unsuccessful. He also tried to enter several homes. Felder found a home with an unlocked door and went inside and forced a grandson inside the residence owned by his grandmother to accompany him upstairs in the house. Felder then directed the grandson to get Felder a glass of water but warned the grandson to keep quiet. The grandmother was downstairs when the grandson came down and could tell by looking at the child that something was not right. She asked him about it, and the grandson told her about Felder hiding upstairs. The grandmother then yelled at Felder to come downstairs.
Once downstairs, the grandmother insisted Felder leave the house. Felder refused. The grandmother tried to push past Felder. He pushed her and locked the door with all of them inside the residence. The grandmother again resisted and got past Felder with her grandson and made it outside. Once outside, she saw her son and his girlfriend and told her son about what happened inside the home. The adult son went inside the house in pursuit of Felder.
Police officers arrived on scene shortly thereafter as they were tracking Felder’s movements from the scene of the attempted bank robbery. Officers entered the home and ultimately a K-9 located Felder hiding in the basement of the residence. Felder refused to comply with demands, and the dog forcibly obtained custody of Felder so that officers could arrest him. He was wearing the same clothing as the man in the bank robbery video.
This case was investigated by the Omaha Police Department.
Ohio Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Thomas V. Ratcliff, also known as “Twin,” 32, of South Point, Ohio, was sentenced today to two years and six months in prison, to be followed by three years of supervised release, for possession with intent to distribute methamphetamine.
According to court documents and statements made in court, on November 7, 2022, law enforcement officers arrested Ratcliff at a Marcum Terrace residence in Huntington on an outstanding Wayne County Circuit Court arrest warrant. Following the arrest, officers executed a search warrant of the residence and found approximately 29 grams of methamphetamine, digital scales, and a loaded Hi-Point 9mm pistol. Ratliff admitted that he possessed the methamphetamine and intended to sell it for money.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Huntington Violent Crime and Drug Task Force, and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Courtney L. Finney prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-2.
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Nicaraguan National Sentenced to 70 Months in Prison for Transporting 550 Kilograms of CocaineRead the Press Release
St. Croix, USVI – U.S. Attorney Delia L. Smith announced that a Nicaraguan national, Jorge Adalberto Gutierrez-Picado, age 27, was sentenced by Judge Wilma A. Lewis on federal drug charges relating to the seizure of bulk cocaine off the coast of Colombia. On February 21, Judge Lewis sentenced Gutierrez-Picado to 70 months in prison, to be followed by two years of supervised release.
According to court documents, on March 5, 2022, during its patrol in international waters in the Eastern Pacific, the United States Coast Guard (USCG) Cutter Legare observed a go-fast style vessel, “La Bendecida Leo”, 140 nautical miles, southwest of Isla de Malpelo, traveling at a high rate of speed with bundles and fuel barrels observed on deck. The USCG crew next observed occupants of the La Bendecida Leo throwing bundles of suspected narcotics overboard. Crew members then launched an over-the-horizon vessel and helicopter to intercept.
Upon intercepting the vessel, USCG crew members observed that the La Bendecida Leo had no registration and the occupants claimed Nicaraguan nationality for the vessel. Nicaragua could neither confirm nor deny nationality of the vessel to the USCG. A search of the La Bendecida Leo, including the bundles of suspected narcotics recovered from the ocean, resulted in the seizure of approximately 550.6 kilograms of cocaine and 136 pounds of marijuana.
The USCG, Homeland Security Investigation, and Drug Enforcement Administration investigated the case.
Assistant U.S. Attorney Daniel H. Huston prosecuted the case.This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
New York Man Sentenced to Prison for Aggravated Identity Theft ViolationsRead the Press Release
PITTSBURGH, Pa. - A resident of White Plains, New York, has been sentenced in federal court to 38 months of incarceration, to be followed by three years of supervised release, on his conviction for use of unauthorized access devices and aggravated identity theft, United States Attorney Eric G. Olshan announced today.
United States District Judge Christy Criswell Wiegand imposed the sentence on Erick Cottrell, 54.
According to information presented to the Court, in August 2022, Cottrell used a counterfeit Pennsylvania Driver’s License in the name of a victim to make withdrawals of approximately $23,000 from the victim’s bank account. In September 2022, Cottrell was arrested by the Baltimore City Police in connection with another attempt to use the same counterfeit driver’s license to steal money from the victim’s bank account. In April 2023, Pittsburgh Bureau of Police detectives tracked Cottrell and others to a hotel on the North Shore of Pittsburgh, where they had fraudulently rented three rooms, including one by Cottrell in the name of the same victim. Further investigation by the Pittsburgh Bureau of Police and the United States Secret Service revealed that Cottrell used the personal identification information of that victim and other victims at various places to rent hotel rooms and make fraudulent purchases in the Pittsburgh area.
Prior to imposing sentence, Judge Weigand noted the seriousness of the crimes and Cottrell’s extensive criminal history.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Olshan commended the United States Secret Service, Baltimore City Police, and Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Cottrell.New Orleans Woman Guilty of Staged Automobile Accident ConspiracyRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that SHIRLEY HARRIS (“HARRIS”), age 38, of New Orleans, pled guilty on February 20, 2024, to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 371. Today’s guilty plea brings the total number of defendants convicted in “Operation Sideswipe” to 48.
According to court documents, HARRIS, and others, conspired to fraudulently stage an automobile collision to obtain money. HARRIS, Antoine Clark “Clark,” and other co-conspirators intentionally collided with a tractor-trailer on April 24, 2017, in the area of Interstate 10 near the Crowder Boulevard exit in New Orleans. HARRIS and Clark made false police reports, filed fraudulent lawsuits, lied during deposition testimony, and sought unnecessary medical treatment to further their fraudulent claims. As part of her plea agreement, HARRIS agreed to pay $10,000.00 in restitution to the insurance company. The Honorable Sarah S. Vance set sentencing in this matter for June 12, 2024.
HARRIS faces a maximum penalty of five (5) years of imprisonment; up to three (3) years of supervised release; and a fine of up to $250,000.00. A $100 mandatory special assessment fee is also applicable.
The U.S. Attorney’s Office would like to acknowledge the assistance of the Federal Bureau of Investigation, the Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorneys Maria Carboni, and Edward Rivera of the Financial Crimes Unit, and Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.