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1 September 2023
Federal Court Permanently Enjoins Tax Return Preparer in Texas and Orders Disgorgement of Tax Prep FeesRead the Press Release
A federal court in the Southern District of Texas has permanently enjoined a Galveston-area tax return preparer from preparing federal tax returns for others and, among other things, from owning, operating or franchising any tax return preparation business in the future.
The amended complaint alleged that Johnathan Perry, individually and dba X-Pert Taxes and JOHNATHAN PERRY, prepared over 4,000 federal income tax returns during the 2017-2022 filing seasons. According to the amended complaint, in a substantial number of these tax returns, the defendants significantly overstated the customers’ tax refunds by claiming fictitious employee business expenses, fabricating household help income, fabricating or inflating business losses and/or claiming education credits or fuel excise tax credits to which customers were not entitled.
The terms of the injunction order require that Perry disgorge $324,432 to the United States in tax preparation fees. The order further requires that Perry send notice of the injunction to each person for whom Mr. Perry, X-Pert Taxes or JOHNATHAN PERRY prepared federal tax returns. The order also requires Mr. Perry to post the injunction in all locations where he conducts business and on all social media accounts and websites used to advertise the tax preparation services.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers as return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams. The IRS offers tips on how to accurately file returns and how to choose a tax return preparer, as well as steps taxpayers can take to get a jumpstart on filing. The IRS has launched a free directory of federal tax preparers and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found here.
Former High School Coach Pleads Guilty to 20-Count Child Sexual Exploitation IndictmentRead the Press Release
St. Thomas, VI – United States Attorney Delia L. Smith announced today that Alfredo Bruce Smith, 53, of St. Thomas, pleaded guilty before U.S. District Court Magistrate Judge Ruth Miller to all counts of a federal indictment charging both federal and territorial child sexual exploitation offenses. At sentencing, Smith faces a maximum sentence of 35 years imprisonment and a minimum sentence of 30 years imprisonment. Smith also faces a maximum fine of $250,000.00, and a lifetime of supervised release.
According to court documents, Smith was employed as a Hall Monitor and Track and Field Coach at the Charlotte Amalie High School (“CAHS”) from 2006 to 2021. During his tenure, Smith sexually abused and exploited numerous minor male students that were attending CAHS. The sexual abuse was revealed in March 2019 after a minor male student reported that Smith sexual assaulted him while he attended a track and field competition in Puerto Rico. Also revealed in the report were names of other minor male students sexually assaulted by Smith. Thereafter, several of the minor male victims confirmed that Smith sexually assaulted them while they were students attending CAHS. The minor male victims stated that Smith engaged them in sexual intercourse and sodomy both on and off CAHS’ campus. Smith also showed the minor male victims pornographic images and videos of other minor male students which were stored in Smith’s cellular phone.
On August 11, 2021, federal agents executed a search warrant on Smith’s Google and Facebook accounts which revealed a large quantity of sexually explicit materials depicting numerous identifiable minors engaged in sexual activities with Smith. On September 1, 2021, Smith was arrested, and additional search warrants were executed on his home and on areas of the CAHS campus that were identified from images stored in Smith’s cell phone. From the search, federal agents seized Smith’s laptop, a camcorder and five cellular phones which contained an even larger quantity of pornographic images of minor male victims.
The investigation further revealed that Smith engaged in a myriad of sexual acts with each male minor victim. Smith used his position as Hall Monitor and Track Coach to entice minor male students to engage in anal and oral sexual intercourse in classrooms and offices on CAHS’ campus during and after school hours. Smith also used CAHS’ school van to transport minor male students to various beaches in St. Thomas where Smith engaged in anal and oral sexual intercourse with the minor male students. Smith used his cellular phones and a CAHS camcorder to record his sexual abuse of the minor male victims.
This case was investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorneys Everard E. Potter and Natasha Baker.
East Haven Man Sentenced to Prison for Manufacturing and Selling GunsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that GIOVANNI DONOFRIO, 22, of East Haven, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to six months of imprisonment, followed by three years of supervised release, for manufacturing and selling firearms without a license.
According to court documents and statements made in court, on December 8, 2021, New Haven Police stopped a vehicle that was known to have been involved in a shots-fired incident. Inside the vehicle officers found three firearms, two of which were privately-made Polymer80 semi-automatic pistols (“ghost guns”) with Glock slides. A trace of the serial numbers on the Glock slides revealed that Donofrio had purchased them in November 2021. A subsequent court-authorized search of Donofrio’s residence revealed gun-making equipment, including a power drill and bits, multiple Polymer80 jigs, empty packaging for 50 round 9mm drums, multiple slides, an AR15 Carbine Buffer Kit, and other items. In addition, a search of Donofrio’s phone revealed numerous text messages indicating that Donofrio was manufacturing and selling firearms.
The investigation also revealed that between November 25 and December 5, 2021, the two ghost guns manufactured by Donofrio that were recovered during the car stop had been used in six shooting incidents where at least four houses were struck by gunfire. Witnesses to some of the shooting incidents reported a vehicle chase with occupants shooting at each other.
Donofrio was arrested on October 31, 2022. On June 12, 2023, he pleaded guilty to engaging in the business of dealing in firearms without a license, and admitted that he built and sold at least five firearms.
Donofrio, who is released on bond, is required to report to prison on October 3.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the New Haven and East Haven Police Departments.
This case was prosecuted by Assistant U.S. Attorneys Brendan J. Keefe and Lauren C. Clark through Project Safe Neighborhoods (PSN), 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.
Drug Trafficker Sentenced to 14 Years in Federal Prison for Dealing Drugs While on Bond for State Dealing ChargesRead the Press Release
INDIANAPOLIS- Jimmie Ray Harris, 42, of Indianapolis, Indiana, has been sentenced to 14 years in federal prison after pleading guilty to possession with intent to distribute controlled substances.
According to court documents, on September 8, 2021, Federal Bureau of Investigation agents arrested Jimmie Ray Harris after he led IMPD officers on a vehicle pursuit. During the chase, Harris threw 907.18 grams of cocaine, 28 grams of methamphetamine and 28 grams of heroin from his vehicle. Harris also had $22,147.50 in cash on his person and in his vehicle at time of arrest. He was charged in Marion County, Indiana with three felonies for dealing in cocaine, methamphetamine, and a narcotic drug, and was placed in custody at the Marion County Jail.
The next day, Harris made an outgoing phone call from jail to another person asking about the drugs and money remaining in his home and discussing efforts to “clean up” the house. Harris asked about customers coming to the house to pay drug debts, and directed the other person to keep track of who owes him money for drugs. Harris told the other person not to worry about the police searching the residence because he gave them the wrong address.
On September 10, 2021, Harris posted an $80,000-surety bond and was released from jail. On September 13, 2021, officers obtained a search warrant for the home Harris referenced on the jail call. During a search of the residence, officers located a total of nearly 5 pounds of methamphetamine hidden throughout the house, including on top of the dryer in the laundry room, in a desk drawer, in a DeWalt floor vacuum and a DeWalt bag, in a bedroom closet, and inside of a purse. The search also uncovered a glass meth pipe with burn marks, a loaded 9mm magazine, and $13,909 in cash. A young child was living with Harris in the home at the time of the search. Harris admitted he possessed the methamphetamine in his home with the intent to distribute it to others.
U.S. Attorney for the Southern District of Indiana, Zachary A. Myers, Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office, Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office, and Indianapolis Metropolitan Police Department Chief Randal Taylor made the announcement.
“This defendant was determined to keep making money pushing poison into our neighborhoods even while he was in jail for dealing drugs,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “The serious federal prison sentence imposed here demonstrates that there are serious consequences for fueling the devastation that deadly drugs cause in our communities.”
The FBI, IMPD, DEA, and Indiana Crime Guns Task Force investigated the case. The sentence was imposed by U.S. District Court Judge, Matthew P. Brookman. Judge Brookman also ordered that Harris 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 Peter A. Blackett, who prosecuted this case.
This case was brought as part of the Indiana Crime Guns Task Force (ICGTF). ICGTF is a partnership of law enforcement officers and analysts from several central Indiana law enforcement agencies in Boone, Hamilton, Hancock, Hendricks, Marion, Morgan, Johnson, and Shelby counties. In cooperation with state, local, and federal partners, ICGTF collaborates to address violent crime through a comprehensive strategy including innovative approaches to locating suspects and evidence related to violent crimes and illegal possession of firearms.
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Dow Chemical Co. to Pay $456,000 for Former Subsidiary’s Alleged Violations of the Federal False Claims Act and Minnesota False Claims Act for Falsifying Test Results for Road Construction MaterialsRead the Press Release
MINNEAPOLIS – United States Attorney Andrew M. Luger today announced that DOW CHEMICAL CO. has agreed to pay $456,665.42 for alleged violations by its former subsidiary, POLY CARB, INC., of the federal False Claims Act and the Minnesota False Claims Act, by falsifying testing results in connection with several road construction projects administered by the Minnesota Department of Transportation, many of which were federally funded.
According to the allegations, between 2012 and 2015, POLY CARB, INC. provided enamel paint products for several road construction projects, many of which were federally funded, throughout the State of Minnesota. All such projects are required, by law and contract, to be performed in accordance with detailed terms and specifications using only approved materials subject to a rigorous testing and certification process. The government contends POLY CARB, INC. failed to follow contract specifications and applicable rules by fabricating test results and forging signatures and documentation for its enamel products, thus making materially false claims and statements in connection with its purported testing. The proceeds of the settlement will be divided by the federal and state governments according to the original funding of the projects.
“Submitting forged and fabricated documents to the government is never acceptable,” said U.S. Attorney Andrew M. Luger. “In coordination with our State partners, we will continue using the False Claims Act to address fraudulent conduct by government contractors, subcontractors, and suppliers.”
“Resolving this civil case advances our efforts to keep federally funded transportation projects free from fraud, waste, and abuse,” said Andrea M. Kropf, Special Agent-in-Charge, Midwestern Region, U.S. Department of Transportation Office of Inspector General. “When improper activities like this come to our attention we will work with our federal, state, and prosecutorial partners to investigate and hold those involved accountable.”
This case was jointly investigated by the Office of Inspector General of the U.S. Department of Transportation and the Minnesota Department of Transportation, and handled by the Affirmative Civil Enforcement unit of the U.S. Attorney’s Office for the District of Minnesota, as well as the Minnesota Attorney General’s Office.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Defendant Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – CHRISTIAN BICKHAM, age 59, of Slidell, pleaded guilty on August 31, 2023 before the Honorable Sarah S. Vance to charges of violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, through the investigation, BICKHAM was captured discussing the purchase of two kilograms of cocaine. Federal agents observed BICKHAM arrive at a house in New Orleans to pick up the drugs. A few days later, agents stopped BICKHAM with $60,000 in cash, which he was going to use to pay for the two kilograms he had gotten earlier.
Sentencing is scheduled for December 6, 2023. BICKHAM faces a term of imprisonment of at least five years up to forty years, a fine of up to $5,000,000, at least four years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller of the Violent Crime Unit.
Colorado Man Sentenced to 24 Months for Drug Smuggling and Money Laundering OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN —U.S. Attorney for the Western District of Michigan Mark Totten announced that Colorado resident Brendon Gagne, 27, was sentenced to serve 24 months in prison for conspiring to smuggle unapproved, misbranded prescription drugs into the United States and conspiring to launder the proceeds of that smuggling.
U.S. District Judge Robert J. Jonker also ordered Gagne to pay a money judgment of $219,793.98, representing the monies traceable to the smuggling conspiracy, and a fine of $2,000. Upon release from prison, Gagne will be on supervised release for a period of three years.
“Smuggling illegal prescription drugs into the United States and distributing them to customers without a prescription is dangerous and potentially deadly,” said U.S. Attorney Mark Totten. “There is a reason these drugs should only be prescribed by a licensed medical professional. Here, the conspirators operated a vast network distributing these drugs throughout the country, including here in West Michigan. My office is committed to bringing the people who peddle drugs to justice. Today’s sentence of Mr. Gagne is a vital step in ensuring the continued safety of the communities we serve.”
The facts presented to the court during the case were that, in 2018, Gagne established www.ExpressPCT.com, a public website that sold unapproved, misbranded prescription drugs and controlled substances to customers without a prescription. The drugs, marketed largely to individuals in the body-building community, were targeted to counteract the side effect of anabolic steroid use. For years, Gagne recruited and worked with others to import the drugs into the United States illegally. The drug packages did not declare their illicit contents and instead took steps to conceal their true nature. For example, conspirators frequently concealed the drugs inside cosmetic boxes and declared on customs forms that the drugs were, instead, “cosmetics” or “gifts.” Customers paid for the drugs either in cryptocurrency or, later, through a payment processing system designed to conceal the amount of money generated by the website and the amount of income earned by Gagne and others. Gagne and the website’s other owners ultimately earned millions of dollars from the scheme, most of which they received in cryptocurrency and then shipped to accounts overseas to avoid law enforcement detection.
“Today’s sentencing of Mr. Gagne is another example of the commitment the U.S. Postal Inspection Service and our law enforcement partners have to identifying, disrupting, and arresting those individuals who attempt to distribute illicit drugs, and in this case foreign unapproved drugs, through the U.S. Mail,” said Rodney Hopkins, Inspector in Charge of the U.S. Postal Inspection Service’s Detroit Division. “We will continue to pursue those drug traffickers who distribute potentially dangerous, foreign unapproved prescription drugs and attempt to exploit the distribution channels of the United States Postal Service. I’d like to thank the U.S. Food and Drug Administration’s Office of Criminal Investigations, the Michigan State Police, and the U.S. Attorney’s Office for the Western District of Michigan for their persistence and dedication in this investigation.”
"Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain unknown or dangerous ingredients and are manufactured under unknown or unregulated conditions,” said Special Agent in Charge Ronne G. Malham, FDA Office of Criminal Investigations Chicago Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
In sentencing Gagne, Judge Jonker noted the serious nature of the crime and the sophisticated nature of the smuggling conspiracy, commenting that he had no doubt that Gagne was a driving force behind the website.
Gagne is one of ten defendants who were involved in the scheme to import illegal drugs into the United States. As the creator of the website, Gagne served as a leader in the conspiracy, which Judge Jonker cited as a basis to increase Gagne’s prison sentence. Other defendants sentenced in the scheme include the following:
Name
Hometown
Sentence
James Funaro
Atlanta, GA
15 months in prison
Jeremy Walenty
Tampa, FL
3 years of probation
Taylor McLaren
Colorado Springs, CO
2 years of probation
Joshua Ford
Troy, MI
2 years of probation
Phillip Leonowens
Boulder, CO
2 years of probation
Ross Lucien
Longmont, CO
2 years of probation
Taylor McLaughlin
Muskegon, MI
2 years of probation
Mikaela Hall
Muskegon, MI
2 years of probation
The final defendant in the scheme, Jennifer Garrett of Miami, Florida, is scheduled to plead guilty in the coming weeks.
This case was investigated by the United States Postal Inspection Service, the Food and Drug Administration’s Office of Criminal Investigations, and the Michigan State Police. Assistant United States Attorney Stephanie M. Carowan prosecuted the case for the government.
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Clay County Convicted Felon Pleads Guilty to Drug and Firearm ChargesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Edward Sherwood Gustafson, IV (30, Green Cove Springs) has pleaded guilty to possessing with the intent to distribute 5 grams or more of methamphetamine and possessing a firearm and ammunition as a convicted felon. Gustafson faces a minimum mandatory term of 5 years, and up to 40 years, in federal prison on the drug charge and up to 15 years in federal prison on the firearm and ammunition charge. Gustafson also agreed to forfeit a Smith and Wesson pistol and 15 rounds of ammunition traceable to the firearm offense. Gustafson was arrested on May 9, 2023, and ordered detained. A sentencing date has not yet been set.
According to court documents, on January 21, 2023, members of the Clay County Sheriff’s Office (CCSO) were looking for Gustafson based on an active felony arrest warrant for him. A CCSO deputy observed Gustafson driving and initiated a traffic stop. Upon stopping, Gustafson immediately got out of his truck and a struggle ensued between him and the deputy. The deputy eventually handcuffed and arrested Gustafson on the felony arrest warrant. During a subsequent search of Gustafson’s truck, law enforcement located a loaded Smith and Wesson pistol. Underneath the truck’s hood, a travel bag was zip-tied to the engine bay area which contained cocaine, methamphetamine, a scale for weighing drugs, approximately 50 small baggies, and numerous pills. Further investigation determined that the total weight of the methamphetamine was approximately 22 grams and that Gustafson had seven prior felony convictions to include felony domestic battery, fleeing and eluding law enforcement, and shooting a deadly missile. As a convicted felon, Gustafson is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Clay County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives – Jacksonville Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
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.
Career Offender Sentenced to 9 Years for Fentanyl Trafficking in Waterville AreaRead the Press Release
BANGOR, Maine: A Waterville man was sentenced today in U.S. District Court in Bangor for possessing fentanyl with intent to distribute.
U.S. District Judge John A. Woodcock, Jr. sentenced Patrick Hanson, 32, to 110 months in prison followed by six years of supervised release. Hanson pleaded guilty on November 3, 2022.
According to court records, in October 2021, officers with the Waterville Police Department arrested Hanson after receiving information that he had threatened another individual. After his arrest, Hanson was found to have a total of seven packages of suspected narcotics on his person or in his immediate possession, including one package that he had kicked under a door while at the police station. In total, police seized approximately 43 grams of a mixture containing fentanyl. Just 2 mg of fentanyl is considered a lethal dose. Hanson was convicted in 2013 for conspiracy to distribute and possess with the intent to distribute oxycodone and 500 grams or more of cocaine. Judge Woodcock found him to be a career offender under the federal sentencing guidelines, which subjected him to a higher advisory guideline sentence.
The Waterville Police Department, U.S. Drug Enforcement Administration, Maine Drug Enforcement Agency, and Kennebec County Sheriff’s Office investigated the case. The Kennebec County District Attorney’s Office also assisted with the case.
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Bridgeport Drug Trafficker Sentenced to 15 Years in Federal PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that KEVIN JONES II, also known as “Ox” and “Scott,” 31, of Bridgeport, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 180 months of imprisonment, followed by five years of supervised release, for heading a Bridgeport narcotics trafficking organization.
According to court documents and statements made in court, in the summer of 2017, members of the FBI’s Bridgeport Safe Streets Task Force and Bridgeport Police Department began investigating individuals who were distributing narcotics in and around Bridgeport. The investigation, which included the use of court-authorized wiretaps and controlled purchases of narcotics, revealed that Jones headed a Bridgeport-based drug trafficking network that distributed heroin, cocaine, crack cocaine, fentanyl, and other opioids.
The investigation resulted in federal charges against Jones, and 18 other defendants, and the seizure of narcotics, eight firearms, and more than $360,000 in cash.
Jones has been detained since his arrest on November 6, 2018. He pleaded guilty on June 17, 2021.
This matter was investigated by the FBI’s Bridgeport Safe Streets Task Force and the Bridgeport Police Department, as well as the Drug Enforcement Administration, Connecticut State Police, and the Stratford, Norwalk, Seymour and Trumbull Police Departments.
The case was prosecuted by Assistant U.S. Attorneys Karen L. Peck and Patrick J. Doherty through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Boston Man Pleads Guilty to Role in International Money Laundering ConspiracyRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday to his involvement in a sophisticated international money laundering and drug trafficking organization.
Mariano Santana, 57, pleaded guilty to conspiracy to commit money laundering. U.S. District Judge Angel Kelley scheduled sentencing for Nov. 30, 2023.
In May 2023, Santana was among 12 individuals from Massachusetts, Rhode Island, New York and California charged in a superseding indictment for their alleged involvement in a sophisticated international money laundering and drug trafficking organization allegedly led by Jin Hua Zhang.
According to the charging documents, Zhang allegedly laundered bulk cash for drug dealers and laundered profits from other illegal businesses for a fee. It is alleged that, during the investigation, Zhang directed his co-defendant couriers, and others, to deliver to undercover agents hundreds of thousands of dollars in cash and millions of dollars in wire transfers and bank deposits. In total, Zhang and his organization allegedly laundered at least $25 million worth of drug proceeds and funds from other illegal businesses traced to Hong Kong and elsewhere in China, India, Cambodia, and Brazil, among other locations.
Santana was a courier who dropped off drug money to be laundered by the Zhang organization. On two separate occasions in June 2022, Santana delivered bulk cash deliveries of illicit proceeds to a cooperating witness in a Quincy parking lot. Specifically, on June 2, 2022, Santana provided the individual with a bag containing $30,000 in cash. On June 7, 2022, Santana delivered $29,800 in cash,
The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000, or twice the amount involved, whichever is greater. 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 Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Christopher Pohl, Brian A. Fogerty and Meghan C. Cleary of the Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boise Man Sentenced to over 5 Years in Federal Prison for Possession of Child PornographyRead the Press Release
BOISE – Travis Borup, 29, of Boise, was sentenced to 63 months in federal prison for possession of child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, between March 3 and March 12, 2022, the Boise Police Department (BPD) became aware that Borup was making files of child pornography available for sharing via a peer-to-peer network. BPD obtained a federal search warrant for Borup’s residence and, along with members of the Internet Crimes Against Children (ICAC) Task Force, executed the search warrant and interviewed Borup. Borup admitted to using his cellphone to view child pornography for the past several years.
“This case demonstrates that those who possess child pornography in Idaho will be brought to justice,” said U.S. Attorney Josh Hurwit. “I am grateful for the strong partnership my office has with the Boise Police Department and the ICAC Task Force at the Idaho Attorney General’s Office, who every day conduct thorough investigations to find offenders and to protect Idaho’s children.”
“I am grateful for our partnerships with the Attorney General’s ICAC Task Force and the U.S. Attorney’s Office,” said BPD Captain Matt Jones. “This investigation is an outstanding example of the collaborative efforts law enforcement agencies make in order to protect our most vulnerable victims.”
U.S. District Judge Amanda K. Brailsford also sentenced Borup to 7 years of supervised release, which will commence upon completing his prison sentence, and entered an order forfeiting the cellphone that was used to commit the offense. Borup will be required to register as a sex offender as a result of the conviction.
U.S. Attorney Hurwit commended the cooperative efforts of the Boise Police Department and the ICAC Task Force, which led to the charge. Assistant U.S. Attorney Kassandra McGrady prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal 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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Baton Rouge Man Pleads Guilty to Federal Gun Control Act OffenseRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that on August 29, 2023, that CARLSEL ALEXANDER, age 28, a resident of Baton Rouge, Louisiana, pleaded guilty to a one-count indictment, charging him with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8).
ALEXANDER faces a maximum term of imprisonment of up to 15 years, a fine of up to $250,000.00, a period of supervised release up to 3 years, and a mandatory special assessment fee of $100.00.
According to court records, on February 21, 2023, New Orleans Police Department arrested ALEXANDER for being in possession of a stolen FN Model 509, nine-millimeter firearm on a Mardi Gras parade route. ALEXANDER is a convicted felon and is prohibited from possessing a firearm.
The Honorable Susie Morgan, United States District Court Judge, will sentence ALEXANDER on November 30, 2023.
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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney Troy Bell of the General Crime Unit.
Bvi Man Charged with Alien SmugglingRead the Press Release
St. Thomas, VI – United States Attorney Delia L. Smith announced today that Shamoy Frett, 22, of Tortola, BVI, was charged with bringing aliens to the United States for private financial gain.
According to court documents, on August 28, 2023, at approximately 9:00 p.m., U.S. Customs and Border Protection Air and Marine Operations agents were patrolling United States when they observed a vessel operated by Frett crossing the international border from the British Virgin Islands into the United States Territory. The vessel did not display any navigational lights as required by law. Agents later observed the vessel travel to Haulover Bay where four individuals exited the vessel and headed up the Haulover Bay trailhead. The vessel then departed Haulover Bay and headed back towards Tortola, BVI. Agents attempted to stop the vessel by activating their blue lights and sirens, but Frett accelerated the vessel and failed to comply. Agents then disabled the vessel forcing it to come to a stop. Frett then jumped overboard and attempted to escape but was arrested a short time later. When questioned by agents, Frett admitted that he was paid $1,000.00 by a man in Tortola to smuggle the four illegal aliens to St. John.
This case is being investigated by Department of Homeland Security, U.S. Customs and Border Protection Air and Marine Operations, and U.S. Border Patrol and prosecuted by Assistant United States Attorney Kyle Payne.
United States Attorney Delia L. Smith reminds the public that a complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ardmore Predator Gets 30 Years for Coercion and Enticement of a MinorRead the Press Release
TULSA Okla. – An Ardmore man was sentenced yesterday to 30 years for coercion and enticement of a 15-year-old girl, announced U.S. Attorney Clint Johnson.
U.S. District Judge Keith Starrett sentenced Dustin James Gullett, 43, to 30 years in federal prison for coercion and enticement of a minor. Judge Starrett further ordered lifetime post release supervision.
“Dustin Gullett is a sexual predator that convinced the victim he loved her, then persuaded her to produce child porn and meet him. He then drugged her and raped her, said U.S. Attorney Clint Johnson.” Our office is committed to prosecuting the predators that target Oklahoma’s children.
According to court documents, Gullett enticed the 15-year-old victim to produce images of herself engaged in sexually explicit conduct and persuaded her to send those images to him. Gullet told the victim “He didn’t care if she wasn’t legal, because everything else he does is illegal.” Later, Gullet met the victim in person, drugged her, tied her arms behind her back and raped her approximately four times over several hours.
Gullett has been and will remain in the custody of the U.S. Marshal Service pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bartlesville Police Department and the Joint Homeland Security Task Force investigated the case.
Assistant U.S. Attorney Stacey Todd and Christopher Nassar prosecuted the case.
This case is being prosecuted as part of Project Safe Childhood. Led by United States Attorney’s Offices and the Criminal Division's 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.projectsafechildhood.gov.
15+ Year Prison Sentence for Georgia Man in Dog Fighting, Drug Conspiracy CaseRead the Press Release
MACON, Ga. – A Fort Valley, Georgia, resident involved in two separate drug trafficking organizations and a multi-state dog fighting operation based in Middle Georgia was sentenced to serve more than 15 years in prison today, the final defendant of 21 co-conspirators resulting from two Organized Crime and Drug Enforcement Task Force (OCDETF) investigations.
Armard Davis aka “Black Jack,” 43, of Fort Valley, Georgia, was sentenced to serve 190 months in prison to be followed by four years of supervised release by U.S. District Judge Tilman E. “Tripp” Self III in Case No. 5:21-CR-3 after he previously pleaded guilty to conspiracy to possess with intent to distribute controlled substances and conspiracy to participate in an animal fighting venture. His sentence holds him accountable for his criminal conduct spanning both investigations. Davis and his co-conspirators will not be eligible for parole.
“Coupling armed drug distribution with the cruel abuse of animals makes an already horrible situation even worse; the significant sentences in this case send the message that such conduct is unwelcome in Middle Georgia,” said U.S. Attorney Peter D. Leary. “The tremendous collective effort put forth by many law enforcement agencies helped bring these defendants to justice and shut down a dangerous criminal organization.”
“Dogfighting is a brutal crime often tied with drug trafficking organizations, as seen in this case,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “These crimes destroy lives and place enormous burdens on communities. We appreciate the collaborative and extensive effort shared by federal, state and local law enforcement entities to investigate and prosecute this case.”
“These defendants posed a significant threat to the quality of life in our communities. The dismantling of these criminal organizations makes our communities a safer place today,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division.
“The barbaric practice of pitting animals against each other in a fight to the death has no place in this country,” said Special Agent in Charge Miles Davis of the United States Department of Agriculture, Office of Inspector General. “The outstanding work of our federal, state and local law enforcement partners who investigated this case and the prosecutors of the U.S. Department of Justice made it possible to bring this individual of a major animal fighting venture to justice. USDA-OIG has made animal fighting a high priority in order to demonstrate that these inhumane acts of cruelty to animals will not be tolerated."
Investigations
According to court documents, law enforcement investigated a criminal organization involved in the distribution of cocaine and methamphetamine and organized dog fighting based out of Roberta, Georgia, which extended into North Georgia, Florida and Alabama from May 2019 until Feb. 2020. In Feb. 2020, law enforcement executed 15 residential search warrants and seized more than 150 dogs that were being used for organized dog-fighting.
Many of the rescued dogs had scarring and visible injuries such as broken legs and open bleeding wounds, all consistent with dog fighting. Agents seized scales, weighted collars, heavy chains, ground stakes, miscellaneous pedigrees and medical supplies to treat injuries the animals sustained from dog fighting activities. In addition, law enforcement recovered firearms and illegal drugs during the course of this extensive investigation. In total, the criminal organizations are being held accountable for the distribution of approximately 20 kilograms of cocaine and 179 grams of methamphetamine.
Ten co-conspirators sentenced in case 5:21-CR-3:
Lekey Davis aka “Kee Boo,” 47, of Talbotton, Georgia, was sentenced to serve 210 months of imprisonment to be followed by four years of supervised release after pleading guilty to conspiracy to possess with intent to distribute cocaine and cocaine base;
Christopher Raines aka “Binky,” 52, of Talbotton, was sentenced to serve 135 months of imprisonment to be followed by five years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine and cocaine base;
Jarvis Lockett aka “J-Rock,” 43, of Warner Robins, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and cocaine distribution;
Derrick Owens aka “Doomie,” 39, of Woodland, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine;
Jason Carter, 41, of Phoenix City, Alabama, was sentenced to serve 97 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to possess with intent to distribute cocaine;
Vernon Vegas, 51, of Suwanee, Georgia, was sentenced to serve the maximum 60 months in prison to be followed by three years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Shaquille Bentley, 29, of Roberta, Georgia, was sentenced to serve 48 months of imprisonment to be followed by three years of supervised release after pleading guilty to use of a communication facility;
Shelley Johnson aka “Gold Mouth,” 41, of Macon, was sentenced to serve 37 months of imprisonment to be followed by three years of supervised release and a $25,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Rodrick Walton aka “Rodrie Walton,” 43, of Shiloh, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and
Bryanna Holmes, 27, of Fort Valley, Georgia, was sentenced to serve 36 months of probation after pleading guilty to use of a communication facility.
Eight co-conspirators also sentenced in related case 5:21-CR-3:
Antoine Riley aka “Bear,” 46, of Warner Robins, was sentenced as a career offender to serve 180 months in prison to be followed by three years of supervised release to run consecutively to any term of imprisonment imposed in a pending case in Taylor County, Georgia, Superior Court after pleading guilty to distribution of cocaine base;
Brittany Smith, 30, of Warner Robins, was sentenced to serve 135 months in prison to be followed by three years of supervised release after pleading guilty to possession with intent to distribute methamphetamine;
Antonio Raines, 39, of Warner Robins, was sentenced to serve 97 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Emanuel Ivey, 37, of Warner Robins, was sentenced to serve 87 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Joseph Day, 50, of Warner Robins, was sentenced to serve 46 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Desmond Griffin, 30, of Warner Robins, was sentenced to serve 24 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Obie Wright, 68, of Warner Robins, was sentenced to serve 18 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base; and
Latanya Williams, 41, of Warner Robins, was sentenced to serve three years of probation after pleading guilty to making false statements.
Two more co-conspirators sentenced from other related cases 5:21-CR-39 and 5:21-CR-40 respectively:
Lee Anthony Benney, 56, of Reynolds, Georgia, was sentenced to serve 21 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and
Reginald Crimes, 40, of Preston, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture.
For more information about these cases, please visit: https://www.justice.gov/usao-mdga/pr/remaining-defendants-middle-georgia-armed-drug-trafficking-organization-sentenced; https://www.justice.gov/usao-mdga/pr/12th-defendant-sentenced-dog-fighting-drug-distribution-ring; and https://www.justice.gov/usao-mdga/pr/doj-announces-arrests-middle-georgia-drug-conspiracy-and-dog-fighting-ring.
This effort is part of an Organized Crime Drug Enforcement Task Force (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.
The dog-fighting and drug conspiracy case was investigated by the Drug Enforcement Administration (DEA), the U.S. Department of Agriculture - Office of the Inspector General (USDA-OIG), the U.S. Marshals Service (USMS), the Georgia Bureau of Investigation (GBI), the Bibb County Sheriff’s Office, the Crawford County Sheriff’s Office, the Houston County Sheriff’s Office, the Merriweather County Sheriff’s Office, the Peach County Sheriff’s Office, the Taylor County Sheriff’s Office, the Webster County Sheriff’s Office, the Byron Police Department and the Fort Valley Police Department. Deputy Criminal Chief Will Keyes with the U.S. Attorney’s Office for the Middle District of Georgia and Senior Trial Attorney Banu Rangarajan with the Department of Justice’s Environmental Crimes Section prosecuted the case.
The methamphetamine distribution case was investigated by DEA, FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), USMS, the Monroe County Sherriff’s Office, the Bibb County Sherriff’s Office and the Warner Robins Police Department. Assistant U.S. Attorney Alex Kalim prosecuted the case.
31 August 2023
표제 VI (Title VI) 수사 해결을 위해 법무부와 오클라호마 법원 양해 각서 체결Read the Press Release
참고: 본 언론 보도는 다양한 언어로 번역되었습니다. 아래 번역을 참고하십시오.
워싱튼 -법무부가 오늘 민권 수사를 해결하고 영어 능력 제한(Limited English Proficiency, LEP)이 있는 모든 사람들을 위한 향상된 주 법원 접근성을 개선하기 위해 오클라호마 대법원 행정처(Administrative Office of the Courts, AOC) 와의 양해 각서(Memorandum of Understanding, MOU) 를 발표했습니다.
법무부는 Mayes 카운티 지방 법원이 가정 법원 사건 당사자 중 LEP가 있는 이에게
유의미한 접근성을 제공하지 않았다는 주장의 민원을 받았습니다. 법무부는 연방 재정
보조 수혜자의 인종, 피부색, 출신 국가에 의한 차별을 금지하는 1964년도 민권법의(Civil
Rights Act of 1964) 표제 VI 하 수사를 개시하였습니다. LEP가 있는 모든 법원
사용자들에게 유의미한 접근성을 제공하도록 AOC가 취한 긍정적 단계에 대응하여
법무부는 추후 표제 VI 수사를 중단하였습니다. 이러한 조치 중, AOC 는 소장에서 확인된
LEP가 있는 사람에게 무상으로 통역 서비스를 제공하였으며, 언어 접근 조정관을
채용하고 주정부 법이 된 법안을 제안하였습니다. 해당 법은 LEP 당사자에게 통역인
비용이 부과되지 않도록 합니다. 또한 법원 언어 통역과 번역 서비스를 지원하도록 전주
자금을 승인하였습니다.“사람들은 제한된 영어 능력으로 인해 불이익을 당해서는 안 되며 절차 및 운영에 공정하게 참여하는 데 필요한 언어 지원 서비스를 받는 데 어려움을 겪어서는 안 됩니다”라고 법무부 민권부의 Kristen Clarke 법무차관보가 말했습니다. “본 합의서는 영어 능력과 무관하게 모든 사람이 법원에 접근할 수 있도록 보장하는 모범 사례이며 오클라호마에서 제한된 영어 능력을 가진 법원 사용자의 장벽을 허무는 데 필요한 조치를 설명합니다.”
“새로운 주법과 MOU를 통해 오클라호마는 우리 주의 사법 접근성을 개선하겠다는
의지를 보여주었습니다”라고 오클라호마 북부 지역(Northern District of Oklahoma) 의
Clinton J. Johnson 검사가 말했습니다. “우리는 표제 VI 및 관련 민권법 준수를 위해 주
법원과의 협력에 최선을 다할 것입니다.”양해각서에 따라 AOC는 모든 민사 및 형사 소송 절차와 법원 운영에서 LEP가 있는 개인에게 구두 및 서면 언어 지원 서비스를 무료로 제공하고, 주 전체 언어 접근성 계획을 세우고 중요 문서의 번역을 추가할 예정입니다. AOC 는 또한 사례 관리 체계를 개선하여 언어 요구 사항 추적을 향상시키고, 언어 접근 민원 처리 절차 개발, 법원에 게시될 번역된 통역 서비스 통지 작성 및 배포, 법원 직원들을 위한 영상 원격 통역 안내를 작성 및 발행할 예정입니다.
이 사안은 미국 민권부의 검사들과 미국 오클라호마 북부 지방 검사실이 공동으로 진행했습니다. 민권부에 대한 추가 정보는 웹사이트 www.justice.gov/crt 에서 볼 수 있으며 제한된 영어 능력과 표제 VI에 대한 정보는 www.lep.gov 에서 볼 수 있습니다. www.civilrights.justice.gov/report/ 또는 미국 오클라호마 북부 지방 검사실에 www.justice.gov/usao-ndok/contact-us로 신고할 수 있습니다.
司法部與奧克拉荷馬州法院簽署諒解備忘錄以針對第六章(Title VI) 調查作出決議Read the Press Release
注：本新聞稿已翻譯成多種語言。請參見下方譯文。
華盛頓——司法部今天宣佈與奧克拉荷馬州最高法院、法院行政辦公室(Administrative Office of the Courts, AOC) 簽署諒解備忘錄 (Memorandum of Understanding, MOU)，針對一項民權調查作出決議並改善英語能力受限 (Limited English Proficiency, LEP)人士在奧克拉荷馬州法院訴諸法律的機會。
司法部收到一起投訴，指控梅耶斯縣地區法院 (Mayes County District Court)在一起家事法庭案件中未能為一名LEP人士提供有意義的訴諸法律的機會。司法部根據 1964 年《民權法案》(Civil Rights Act of 1964)第六章的條款展開調查，該章禁止聯邦財政援助的接受者基於種族、膚色和民族血統進行歧視。司法部隨後暫停了這項第六章調查，以回應AOC採取的積極措施，為所有LEP法院使用者提供有意義的訴諸法律的機會。除了採取其他行動外，AOC還向投訴中確定的LEP人士免費提供了口譯服務，聘請了一名語言服務獲取協調員，並推出了立法提案，該提案現已成為州法律。該法律取消了向LEP當事人收取的口譯費用。該法律還授權設立一項全州基金，用於支援法庭語言口譯和筆譯服務。
「人們不應因英語能力受限而受到懲罰，也不應在獲得公平參與法院訴訟和運作所需的語言協助服務方面遇到困難，」司法部民權司助理司法部長克裡斯汀·克拉克(Kristen Clarke)指出。「本協議是確保所有人無論其英語能力如何都能訴諸法律的典範，並概述了為奧克拉荷馬州英語能力受限的法院使用者消除障礙所需採取的行動。」
「透過這部新的州法律和MOU，奧克拉荷馬州表明了改善本州司法服務獲取的決心，」奧克拉荷馬州北區(Northern District of Oklahoma)美國聯邦檢察官克林頓J. 詹森(Clinton
J. Johnson)表示。「我們致力於與本州的法院合作，確保遵守第六章及相關民權法律。」
根據這份MOU，AOC將在所有民事和刑事訴訟程式以及法院運作中免費為LEP人士提供口頭和書面語言協助服務，將制定一套全州語言服務獲取計畫，並針對重要文檔提供更多翻譯。AOC還將改進其案件管理系統，以更好地跟蹤語言需求，制定一套語言服務獲取投訴程式，為法院製作和分發翻譯好的口譯服務通知，並為法院工作人員製作和發佈視訊遠端口譯指南。此事由民權司和奧克拉荷馬州北區美國聯邦檢察官辦公室的律師聯合開展。有關民權司的其他資訊可造訪其網站www.justice.gov/crt查閱，有關英語能力受限和第六章的資訊可造訪www.lep.gov網站查閱。公眾可透過www.civilrights.justice.gov/report/或奧克拉荷馬州北區美國聯邦檢察官辦公室www.justice.gov/usao-ndok/contact-us舉報可能存在的侵犯民權的行為。
司法部与俄克拉荷马州法院签署谅解备忘录以针对第六章(Title VI) 调查作出决议Read the Press Release
注：本新闻稿已翻译成多种语言。请参见下方译文。
华盛顿——司法部今天宣布与俄克拉荷马州最高法院、法院行政办公室(Administrative Office of the Courts, AOC) 签署谅解备忘录 (Memorandum of Understanding, MOU)，针对一项民权调查作出决议并改善英语能力受限 (Limited English Proficiency, LEP)人士在俄克拉荷马州法院诉诸法律的机会。
司法部收到一起投诉，指控梅耶斯县地区法院 (Mayes County District Court)在一起家事法庭案件中未能为一名LEP人士提供有意义的诉诸法律的机会。司法部根据 1964 年《民权法案》(Civil Rights Act of 1964)第六章的条款展开调查，该章禁止联邦财政援助的接受者基于种族、肤色和民族血统进行歧视。司法部随后暂停了这项第六章调查，以回应AOC采取的积极措施，为所有LEP法院使用者提供有意义的诉诸法律的机会。除了采取其他行动外，AOC还向投诉中确定的LEP人士免费提供了口译服务，聘请了一名语言服务获取协调员，并推出了立法提案，该提案现已成为州法律。该法律取消了向LEP当事人收取的口译费用。该法律还授权设立一项全州基金，用于支持法庭语言口译和笔译服务。
“人们不应因英语能力受限而受到惩罚，也不应在获得公平参与法院诉讼和运作所需的语言协助服务方面遇到困难，”司法部民权司助理司法部长克里斯汀·克拉克(Kristen Clarke)指出。“本协议是确保所有人无论其英语能力如何都能诉诸法律的典范，并概述了为俄克拉荷马州英语能力受限的法院使用者消除障碍所需采取的行动。”“通过这部新的州法律和MOU，俄克拉荷马州表明了改善本州司法服务获取的决心，”俄克拉荷马州北区 (Northern District of Oklahoma)美国联邦检察官克林顿 J. 约翰逊(Clinton J. Johnson)表示。“我们致力于与本州的法院合作，确保遵守第六章及相关民权法律。”
根据这份MOU，AOC将在所有民事和刑事诉讼程序以及法院运作中免费为LEP人士提供口头和书面语言协助服务，将制定一套全州语言服务获取计划，并针对重要文件提供更
多翻译。AOC还将改进其案件管理系统，以更好地跟踪语言需求，制定一套语言服务获取投诉程序，为法院制作和分发翻译好的口译服务通知，并为法院工作人员制作和发布视频远程口译指南。此事由民权司和俄克拉荷马州北区美国联邦检察官办公室的律师联合开展。有关民权司的其他信息可访问其网站www.justice.gov/crt查阅，有关英语能力受限和第六章的信息可访问www.lep.gov网站查阅。公众可通过www.civilrights.justice.gov/report/或俄克拉荷马州北区美国联邦检察官办公室www.justice.gov/usao-ndok/contact-us举报可能存在的侵犯民权的行为。
Worcester Man Indicted for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
BOSTON – A Worcester man has been indicted by a federal grand jury in Worcester for unlawfully possessing a firearm and ammunition as a convicted felon.
Ryan Davidson, 38, was indicted on one count of being a felon in possession of a firearm and ammunition.
According to the charging documents, on or about May 9, 2023 in Worcester, Davidson possessed a Taurus 9-millimeter pistol and 26 rounds of 9mm ammunition. Davidson is prohibited from possessing firearms and ammunition due to prior felony convictions.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of up to 15 years, up to three years of supervised release and a fine of up to $250,000. 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; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven Sargent made the announcement today. Assistant U.S. Attorney Kaitlin J. Brown of the Worcester Branch Office is prosecuting 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.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Watermark Retirement Communities to Pay $4.25 Million for Allegedly Receiving Kickback in Violation of the False Claims ActRead the Press Release
NEWARK, N.J. – The Arizona-based operator of a senior living community has agreed to pay $4.25 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes.
Watermark Retirement Communities LLC is a senior living community operator based in Tucson, Arizona, that manages 79 retirement homes across the country. The United States alleged that the HHA operator purchased two of Watermark’s HHAs in Arizona to induce referrals of Medicare beneficiaries living in Watermark residential communities.
The scheme was designed around eight Watermark retirement homes in five states (Arizona, Connecticut, Delaware, Florida, and Pennsylvania), where the two companies had overlapping operations. The United States alleged that from Jan. 1, 2014, through Oct. 31, 2020, Watermark caused the HHA operator to submit false claims for payments to Medicare for services provided to Medicare beneficiaries referred as a result of the kickback transaction. The Antikickback Statute prohibits parties who participate in federal health care programs from knowingly and willfully soliciting or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of any item or services for which payment is made by, a federal health care program.
U.S. Attorney Philip R. Sellinger“Whether you pay them or receive them, kickbacks undermine the integrity of our health care system. Patients need to know the health care referrals they receive are in their best interest, not in the best interest of someone else’s bottom line. Our office will always be on guard to prevent unscrupulous operators from trying to take financial advantage of our health care system.”
“It is imperative that decisions about the care provided to federal health care beneficiaries are not undermined by the payment of kickbacks,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “Today’s resolution demonstrates that the Department is committed to holding accountable not only those who offer kickbacks but also those who receive them.”
The settlement announced today includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by David Freedman, who was the former director of strategic growth for the HHA operator between 2009 and 2016. The qui tam provisions permit a private party to file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution with Watermark, Freedman will receive approximately $765,000. In September 2021, the HHA operator entered into a $17 million settlement with the United States to resolve the claims against it arising out of the same transaction, meaning that the qui tam has resulted in recoveries exceeding $21.25 million.
The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the District of New Jersey, and the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Assistant U.S. Attorney Jordann Conaboy of the U.S. Attorney’s Office for the District of New Jersey, as well as Trial Attorneys Daniel Meyler and Samson Asiyanbi of the Fraud Section.
The case is docketed as United States ex rel. Freedman v. Bayada Home Health Care, Inc., Civ. No. 17-6267 (D.N.J.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
watermark.settlement.pdfWatermark Retirement Communities to Pay $4.25 Million for Allegedly Receiving Kickback in Violation of the False Claims ActRead the Press Release
Watermark Retirement Communities LLC, a senior living community operator based in Tucson, Arizona, that manages 79 retirement homes across the country, agreed to pay $4.25 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes.
The United States alleged that the HHA operator purchased two of Watermark’s HHAs in Arizona to induce referrals of Medicare beneficiaries living in Watermark residential communities. The scheme was designed around eight Watermark retirement homes in five states (Arizona, Connecticut, Delaware, Florida and Pennsylvania) where the two companies had overlapping operations. The United States alleged that from Jan. 1, 2014 through Oct. 31, 2020, Watermark caused the HHA operator to submit false claims for payments to Medicare for services provided to Medicare beneficiaries referred as a result of the kickback transaction. The Antikickback Statute prohibits parties who participate in federal health care programs from knowingly and willfully soliciting or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of any item or services for which payment is made by, a federal health care program.
“It is imperative that decisions about the care provided to federal health care beneficiaries are not undermined by the payment of kickbacks,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s resolution demonstrates that the Department is committed to holding accountable not only those who offer kickbacks but also those who receive them.”
“Whether you pay them or receive them, kickbacks undermine the integrity of our health care system,” said U.S. Philip R. Attorney Sellinger for the District of New Jersey. “Patients need to know the health care referrals they receive are in their best interest, not in the best interest of someone else’s bottom line. Our office will always be on guard to prevent unscrupulous operators from trying to take financial advantage of our health care system.”
The settlement announced today includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by David Freedman, who was the former director of strategic growth for the HHA operator between 2009 and 2016. The qui tam provisions permit a private party to file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution with Watermark, Freedman will receive approximately $765,000. In September 2021, the HHA operator entered into a settlement with the United States to resolve the claims against it arising out of the same transaction. See www.justice.gov/opa/pr/home-health-agency-operator-bayada-pay-17-million-resolve-false-claims-act-allegations-paying.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from the Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Trial Attorneys Samson Asiyanbi and Daniel Meyler of the Civil Division’s Fraud Section and Assistant U.S. Attorney Jordann Conaboy for the District of New Jersey.
The case is docketed as United States ex rel. Freedman v. Bayada Home Health Care, Inc., Civ. No. 17-6267 (D.N.J.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Watermark Settlement AgreementUS-Justizministerium schließt eine Vereinbarung mit den Gerichten des Bundesstaats Oklahoma zur Beilegung der Untersuchung nach Titel VI (Title VI) abRead the Press Release
Anmerkung: Diese Pressemitteilung wurde in verschiedene Sprachen übersetzt. Übersetzungen finden Sie unten.
Das US-Justizministerium kündigte heute eine Absichtserklärung (Memorandum of Understanding, MOU) zusammen mit dem Verwaltungsamt der Gerichte (Administrative Office of the Courts, AOC) am Obersten Gerichtshof von Oklahoma an, um eine Untersuchung möglicher Bürgerrechtsverletzungen zu beenden und den Zugang zu den Gerichten des Staates Oklahoma für Menschen mit begrenzten Englischkenntnissen (Limited English Proficiency, LEP) zu verbessern.
Dem Ministerium wurde eine Beschwerde übermittelt, in der behauptet wird, dass das Bezirksgericht (District Court) des Landkreises (County) Mayes es versäumt hat, einer Person mit LEP in einem Familiengerichtsprozess sinnvollen Rechtsschutz zu gewähren. Das Justizministerium leitete eine Untersuchung gemäß Titel VI des Bürgerrechtsgesetzes von 1964 (Title VI of the Civil Rights Act of 1964) ein, der die Diskriminierung auf Grundlage von Ethnie, Hautfarbe und nationaler Herkunft durch Empfänger von Bundesfinanzhilfen verbietet. Das Justizministerium stellte schließlich die Titel-VI-Untersuchung als Reaktion auf die positiven Schritte des AOC ein, allen Personen mit LEP, die die Dienstleistungen des Gerichts in Anspruch nehmen, sinnvollen Rechtsschutz zu ermöglichen. Neben anderen Maßnahmen stellte das AOC der in der Beschwerde genannten Person mit LEP kostenlos einen Dolmetscher zur Verfügung, stellte einen Koordinator für den sprachbezogenen Zugang ein und schlug einen Rechtsakt vor, der auf bundesstaatlicher Ebene umgesetzt wurde. Dieses Gesetz beseitigt die Gebühren für Dolmetscher, die Parteien mit LEP in Rechnung gestellt werden. Außerdem wurdeein landesweiter Fonds zur Unterstützung von Dolmetsch- und Übersetzungsdiensten bei Gericht eingerichtet.
„Menschen sollten nicht für ihre begrenzten Englischkenntnisse bestraft werden und sollten keine Schwierigkeiten haben, die Sprachassistenzdienste zu erhalten, die sie benötigen, um fair an Gerichtsverfahren und -vorgängen teilzunehmen“, erklärte die stellvertretende Generalstaatsanwältin Kristen Clarke von der Abteilung für Bürgerrechte (Civil Rights Division) des US-Justizministeriums. „Diese Vereinbarung ist ein Modell dafür, wie der Zugang zu den Gerichten für alle Menschen unabhängig von ihren Englischkenntnissen gewährleistet werden kann. Sie beschreibt die Maßnahmen, die erforderlich sind, um die Hindernisse für Gerichtsnutzer mit begrenzten Englischkenntnissen in Oklahoma zu beseitigen.“
„Mit dem neuen Gesetz und dem MOU hat Oklahoma sein Engagement für einen besseren Zugang zur Justiz in unserem Bundesstaat unter Beweis gestellt“, erklärte der US-Staatsanwalt für den nördlichen Bezirk von Oklahoma (Northern District of Oklahoma), Clinton J. Johnson. „Wir sind entschlossen, mit unseren Gerichten auf bundesstaatlicher Ebene zusammenzuarbeiten, um die Einhaltung des Titels VI und der damit verbundenen Bürgerrechtsgesetze sicherzustellen.“
Im Rahmen des MOU wird das AOC in allen Zivil-und Strafverfahren und im Gerichtsbetrieb Sprachassistenzdienste in Wort und Schrift für Personen LEP kostenlos anbieten, einen landesweiten Plan für den Zugang zu Sprachen entwickeln und Übersetzungen wichtiger Dokumente hinzufügen. Das AOC wird außerdem sein Aktenverwaltungssystem verbessern, um den Sprachbedarf besser verfolgen zu können, ein Beschwerdeverfahren für den Zugang in sprachlicher Hinsicht entwickeln, einen Aushang mit übersetzten Dolmetscherdiensten für die Gerichtsgebäude erstellen und bereitstellen sowie eine Videoanleitung für Gerichtsdiener erstellen und herausgeben.
Dieser Sachverhalt wurde gemeinsam von Staatsanwälten der Abteilung für Bürgerrechte und der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma bearbeitet. Weitere Informationen über die Abteilung für Bürgerrechte finden Sie auf der Website der Abteilung unter www.justice.gov/crt. Informationen über begrenzte Englischkenntnisse und Titel VI finden Sie unter www.lep.gov. Angehörige der Öffentlichkeit können mögliche Bürgerrechtsverletzungen unter www.civilrights.justice.gov/report/ oder bei der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma unter www.justice.gov/usaondok/contact-us melden.
U.S. Attorney Jesse Laslovich announces nearly $6 million in federal grant awards to support victims of sexual assault and crimeRead the Press Release
BILLINGS — U.S. Attorney Jesse Laslovich today announced grant funding of nearly $6 million for Montana from the Department of Justices’ Office of Justice Programs to support victims of sexual assault and crime victims. The funding, totaling $5.96 million, is for three separate grant programs.
“I am pleased to announce these grants to the state of Montana for its important work in providing support services to crime victims, including victims of sexual assault. This funding demonstrates the U.S. Department of Justice’s commitment in fighting sexual violence and making sure every survivor can access support, safety, and justice in their communities. The grants also continue to help and support victims of crime through assistance and compensation programs,” U.S. Attorney Laslovich said.
The Montana Board of Crime Control will receive $787,911 from the Office on Violence Against Women’s Fiscal Year 2023 Sexual Assault Services Formula Program (SASP). The project period starts August 2023 and will end July 2025. These funds are made available through the Violence Against Women Act (VAWA). This grant award was among a total of $51.8 million in SASP funding the Justice Department awarded in every state along with the District of Columbia, American Samoa, Guam, the Commonwealth of the North Mariana Islands, Puerto Rico, and the Virgin Islands. This marks a significant increase of nearly 45 percent when compared to last year’s funding level.
Congress first authorized SASP in the VAWA Reauthorization of 2005. SASP is the nation’s first federal funding stream dedicated to providing direct intervention and related assistance to victims of sexual assault. The Office on Violence Against Women (OVW) administers SASP funding according to a statutorily determined, population-based formula. States and territories, in turn, award the funds to rape crisis centers and other nonprofit, nongovernmental or Tribal agencies that provide direct intervention and related services to adult, youth, and child victims of sexual assault.
The Montana Board of Crime Control also will receive $4,910,121 from the Office for Victims of Crime (OVC) as part of its Fiscal Year 2023 Victims of Crime Act Victim Assistance Formula Grant. The project period started October 2022 and will end September 2026. This grant award will provide money from the Crime Victims Fund to enhance crime victim services in the state.
The Montana Department of Justice will receive $270,000 from the OVC as part of its Fiscal Year 2023 Victims of Crime Act Victim Compensation Formula Grant. The project period started October 2022 and will end September 2026. This grant award provides resources from the Crime Victims Fund to enhance state victim compensation payments to eligible crime victims.
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Tonawanda Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael Szczepanik, 38, of Tonawanda, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography, which carries a maximum sentence of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in December 2021, Szczepanik’s IP address was identified on a file sharing site where files of child pornography were being shared. In February 2022, investigators executed a warrant at his residence and seized electronic devices, which contained images and videos of child pornography. The items included a desktop and the hard drives located on the device, where more than 600 images and videos of child pornography were discovered. Some of the images included prepubescent minors and depictions of violence against children.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for December 18, 2023, before Judge Arcara.
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Three Men Sentenced in Akron Case Involving Forged Prescriptions and Illicit Pill TraffickingRead the Press Release
AKRON - Three men were sentenced this week in Akron federal court by Chief Judge Sara Lioi for their roles in a case involving forged prescriptions and a conspiracy to press and sell illicit pills.
Michael White, age 43, of Akron, was sentenced to 66 months in prison followed by ten years of supervised release after pleading guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, and two counts of Possession with Intent to Distribute Methamphetamine.
Durell Richerson, age 35, of Akron, was sentenced to 36 months in prison followed by three years of supervised release, after pleading guilty to one count of Conspiracy to Commit Wire Fraud and nine counts of Aggravated Identity Theft.
Dallas Delatte, age 34, of Canton, was sentenced to 25 months in prison followed by three years of supervised release, after pleading guilty to one count of Conspiracy to Commit Wire Fraud and three counts of Aggravated Identity Theft.
A fourth defendant, Amanda Ball, previously pled guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, and is scheduled for sentencing on September 12, 2023.
The following information is based on the indictment and the defendants’ guilty pleas.
This indictment charged two separate but related conspiracies. The first conspiracy, which Durell Richerson and Dallas Delatte pled guilty to participating in, involved passing forged prescriptions for promethazine-codeine cough syrup at Akron-area pharmacies. According to the indictment, promethazine-codeine cough syrup can be used as an illicit recreational drug, and is known by street names such as “purple drink,” “drank,” and “lean.” Members of this conspiracy used a Google account to store forged prescription templates bearing the names, DEA numbers, and NPI numbers of Akron-area physicians, without the physicians’ permission or knowledge. Conspirators made small edits to the forged prescription templates saved on the Google account, printed the forged prescriptions out on security paper, and then attempted to pass the forged prescriptions at Akron-area pharmacies. Because those forged prescriptions each contained the name, DEA number, and/or NPI number of a real physician—which was done without the permission or knowledge of the physician—each use of a forged prescription constituted a count of Aggravated Identity Theft, with the victim being the physician whose identity was used without their permission.
The second conspiracy, which Michael White and Amanda Ball pled guilty to participating in, involved using a pill press machine to manufacture and distribute illicit pills, including methamphetamine pills that looked like ecstasy (MDMA). White and other conspirators also possessed a pill press machine used to manufacture illicit pills at a residence in Akron to distribute the pills they manufactured. On December 1, 2020, law enforcement executed search warrants at residences in Canton and Akron. Those searches resulted in the seizure of approximately 89 tablets containing methamphetamine, two digital scales, and a blender with cocaine residue.
The case was investigated by the DEA Cleveland’s Tactical Diversion Squad, with assistance from the Akron Police Department, the Ohio State Highway Patrol, the Canton Police Department, and the Ohio Bureau of Criminal Investigations.
The case is being prosecuted by Assistant U.S. Attorney James Lewis.
Three Jamestown Residents Going to Prison in Two Separate Cases for Selling Fentanyl That Led to A DeathRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Garson E. Butcher, 31, and Alisha Centi, 29, both of Jamestown, NY, who were convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, were sentenced by U.S. District Judge John L. Sinatra, Jr. Butcher was sentenced to serve 240 months in prison and Centi was sentenced to serve 84 months in prison. In a separate case, Judge Sinatra sentenced Ryan Bloom, 37, also of Jamestown, to serve 240 months in prison. Bloom was also convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine.
Assistant U.S. Attorney Joshua A. Violanti, who handled the cases, stated that between March 2020, and June 2021, Butcher and Centi conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Butcher and Centi sold fentanyl which resulted in the death of an individual identified as T.R. On September 28, 2020, Butcher and Centi sold heroin to an individual identified as K.K., who overdosed but regained consciousness after receiving multiple doses of Narcan. In addition, Butcher and Centi used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine.
Assistant U.S. Attorney Violanti stated that defendant Bloom bought and sold heroin, fentanyl, and methamphetamine for profit and his own use. Bloom and co-conspirator, Rachelle Allison, utilized a Fairview Avenue residence in Jamestown to conduct their drug trafficking activities, selling drugs, and running a needle exchange out of the residence. These activities resulted in numerous overdoses occurring at that location. On April 5, 2020, the Chautauqua County Sheriff’s Office responded to a Hoag Road residence in Ashville, NY, for a possible overdose death. Upon arrival, an individual identified as D.R., was found deceased. A search of D.R.’s cellular telephone revealed Facebook messages between D.R. and Bloom the previous day that were drug related. Bloom admits that he and Allison distributed heroin and fentanyl to D.R. the day before D.R.’s death. On July 19, 2020, Bloom sold heroin and fentanyl to an individual identified as A.R. at the Fairview Avenue residence, resulting in A.R. overdosing. After receiving two doses of Narcan, A.R. and was revived and regained consciousness.
Rachelle Allison was previously convicted and is awaiting sentencing.
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.
The sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone.
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Three Indicted for Fentanyl and Methamphetamine Trafficking in Sacramento and StocktonRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against three defendants, charging them with drug trafficking offenses, U.S. Attorney Phillip A. Talbert announced.
Jiovanni Eleazar Paco, 25, of Modesto; Carlos Daniel Gastelum Bustamante, 25, a Mexican national residing in Pasadena; and Brayan Missael Nunez Mendoza, 22, of Sacramento; are each charged with conspiracy to distribute and possess with intent to distribute fentanyl, para‑fluorofentanyl (a fentanyl analogue), and methamphetamine. Each defendant is charged with distribution of fentanyl. Bustamante is also charged with possession with intent to distribute fentanyl and methamphetamine, and Paco is charged with possession with intent to distribute fentanyl.
According to court documents, the defendants distributed thousands of counterfeit M30 pills containing fentanyl on behalf of a source of supply in Mexico. On Sept. 29, 2022, Mendoza sold over 1,000 counterfeit M30 pills containing fentanyl and para-fluorofentanyl in Sacramento. On Dec. 21, 2022, Bustamante sold over 2,000 counterfeit M30 pills containing fentanyl in Stockton. Several months later, on May 2, 2023, a California Highway Patrol officer initiated a traffic stop of Bustamante in the Stockton area, searched his vehicle, and found approximately 5,530 counterfeit M30 pills containing fentanyl, and approximately 1 pound of methamphetamine. On June 12, 2023, Paco sold approximately 3,000 counterfeit M30 pills containing fentanyl. Paco was later arrested during a traffic stop on June 27, 2023, where officers found him in possession of nearly 8,000 M30 pills containing fentanyl.
This case is the product of an investigation by the Drug Enforcement Administration and Homeland Security Investigations with assistance from the Federal Bureau of Investigation, the California Highway Patrol, the Sacramento Sheriff’s Office, and the San Joaquin County District Attorney’s Office. Assistant U.S. Attorneys David Spencer and Haddy Abouzeid are prosecuting the case.
If convicted, all defendants face a mandatory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 www.justice.gov/OCDETF.
Tennessee Man Found with Gun and Marijuana Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
A man who was stopped for a traffic violation, found to be in possession of marijuana and a gun was sentenced August 14, 2023, to more than 5 years in federal prison.
Sidney Turner, age 58, from Memphis, Tennessee, received the prison term after a March 29, 2023, guilty plea to possession of a firearm by a felon and an unlawful drug user.
Evidence in the case revealed during a traffic stop for a moving violation, Turner was found to be driving without a valid license, and was found to be in possession of marijuana and a gun.
Turner has a lengthy criminal history. He was previously convicted of possession of cocaine with intent to manufacture, sell, or deliver; possession of marijuana with intent to manufacture, sell, or deliver; and felon in possession of a handgun.
Turner was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 70 months’ imprisonment. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Turner is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by Homeland Security, Woodbury County, Iowa Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4096.
Follow us on Twitter @USAO_NDIA.
Task Force Targets Bandidos Motorcycle Club in Joint Enforcement OperationRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and W. Troy Weisler, New Mexico State Police Chief, announced the results of a coordinated, multiagency enforcement operation across the state which targeted alleged members of the Bandidos Motorcycle Club.
According to the search warrant, over the past four years, law enforcement officials in New Mexico, Texas, and Oklahoma have observed a sharp increase in violence between the Bandidos and the Mongols Motorcycle Club. Most recently, in May 2023, in Red River, NM, several Bandidos members from New Mexico and Texas confronted a group of Water Dogs MC members. The confrontation was the continuation of months of harassment by the Bandidos concerning whether the Water Dogs MC had aligned itself with the Bandidos or Mongols. In Red River, Bandidos members surrounded the Water Dogs MC members, and three Bandidos members attacked a Water Dogs member. The fight escalated and two Bandidos members and one Water Dogs member were shot and killed. Five bystanders were wounded in the incident.
Following the Red River shooting, New Mexico State Police contacted the FBI and requested assistance conducting a statewide investigation of the Bandidos. Subsequently, in June 2023, the Outlaw Motorcycle Gang Task Force (OMGTF) was created. The OMGTF is comprised of investigators and analysts from the FBI, NMSP, New Mexico Corrections Department, Albuquerque Police Department, Rio Rancho Police Department, Ruidoso Police Department, Bernalillo County Sheriff’s Office, Valencia County Sheriff’s Office, Eddy County Sheriff’s Office, Otero County Sheriff’s Office and Lincoln County Sheriff’s Office.
The OMGTF set its sights on the Bandidos, given the organization’s continued participation in murders, shootings, extortion, and other violent acts. It focused on twenty-five members within the New Mexico chapters who appeared to be the most criminally active and loudest voices advocating for continued violence.
The search warrant was executed on premises in Albuquerque, Rio Rancho, Los Lunas, Belen, Tome, Grants, San Rafael, Gallup, Farmington, Hobbs, Alamogordo, Ruidoso, Capitan and Arabela. During the subsequent searches, law enforcement officers seized 151 firearms, thousands of rounds of ammunition, numerous ballistics vests, and fentanyl, meth and cocaine. A stolen police radio was also recovered.
As a result of the operation, two individuals were arrested on state charges. They are Kenneth Martinez and Henry Mascarenas. Charges are also pending against Ed Sanchez Solis.
“The motorcycle is a symbol of freedom, of individualism, and the open road,” said U.S. Attorney Uballez. “But today, a selfish few are trying to tell us who gets to enjoy our roads, what clothes they are required to wear, and with whom they can ride. The people of New Mexico have no more patience for violent bullies. Working together, the law enforcement agencies of New Mexico return the open road to the public who owns it.”
“Today, we joined forces to take significant law enforcement action to disrupt an outlaw motorcycle gang trying to establish a foothold in our communities,” said FBI Special Agent in Charge Raul Bujanda. “Along with our local, state, tribal, and federal law enforcement partners, our efforts to combat organized violent crime will continue to be waged each and every day. I am grateful for the dedicated law enforcement professionals who work tirelessly to disrupt such criminal activity and fight for justice on behalf of the citizens we serve and protect.”
“The ongoing violence involving outlaw motorcycle gangs across our state has a negative impact on all the citizens of New Mexico. The law enforcement community owes it to those we serve to come together and stop this behavior,” said Troy Weisler, Chief of the New Mexico State Police. “By working with our Federal, State, County, and local law enforcement partners on operations like this one, we are one step closer to preventing the spread of drugs and criminal mischief that accompanies outlaw motorcycle gangs.”
The OMGTF led the investigation, with assistance from the United States Bureau of Prisons, United States Probation Office, New Mexico Organized Crime Commission, Texas Department of Public Safety, Second Judicial District Attorney’s Office, Eighth Judicial District Attorney’s Office, Twelfth Judicial District Attorney’s Office, and other law enforcement or corrections agencies.
Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are assisting with the investigation.
Defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Tadano Group to Pay $40 Million to Settle Clean Air Act Violations After Selling Noncompliant Diesel EnginesRead the Press Release
The Justice Department today announced that Japan-based Tadano Ltd. and its subsidiaries – collectively known as the Tadano Group – will pay a $40 million civil penalty to resolve allegations that it violated Title II of the Clean Air Act (CAA). The Justice Department worked with the Environmental Protection Agency (EPA) to broker the settlement, which resolves allegations in a complaint filed with the settlement that Tadano Group imported and sold heavy, nonroad cranes with diesel engines not certified to applicable CAA emission standards, and that Tadano Group violated related CAA and regulatory requirements.
As part of the proposed consent decree, Tadano Group will also contribute $3.2 million towards a project to mitigate harm caused by excess nitrogen oxide (NOx) and particulate matter (PM) emissions from its noncompliant crane engines. The project will retire a 1975 tugboat and christen a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. The old tugboat has outdated diesel engines while the new tugboat will have up-to-date, Tier 4 engines, preventing the release of an estimated 2,075 tons of NOx emissions and more than 22 tons of PM emissions over 20 years. The Port of Port Arthur is near low-income communities with environmental justice concerns and near the Tadano America Corp. facility in Houston.
“Tadano Group imported and sold giant cranes with engines that didn’t carry valid EPA certificates of conformity, flouting federal law that protects the public from harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement holds Tadano accountable for its violations and requires completion of a project that will improve the quality of life for those living in the Port Arthur, Texas, area.”
“Diesel exhaust is one of the dirtiest forms of pollution,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “Exposure to diesel exhaust is linked to serious health conditions, including asthma and respiratory illness, and those health risks are increased by engines that fail to meet emission standards. This settlement should send a clear message that EPA will continue to vigorously enforce against companies that sell illegal diesel engines, including nonroad engines.”
The complaint against Tadano Group alleges that between 2011 and 2017, it sold nonroad cranes with at least 269 diesel engines that violated the CAA because the engines were not covered by current EPA-issued certificates of conformity nor did the engines qualify for a limited exemption under EPA’s Transition Program for Equipment Manufacturers. The Tadano Group also did not comply with CAA reporting, bonding and fuel inlet labelling requirements. The Tadano Group includes Germany-based Tadano Faun GmbH, Tennessee-based Tadano Mantis Corp. and Texas-based Tadano America Corp.
The Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decree in the U.S. District Court for the Southern District of Texas. The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.
Somerset County Resident Admits Distributing Child PornographyRead the Press Release
TRENTON, N.J. – A Somerset County, New Jersey, resident today admitted distributing videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Marcevan Manasse, 28, Somerville, New Jersey, pleaded guilty today before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging one count of distribution of child pornography.
According to documents filed in this case and statements made in court:
From Sept. 20, 2020, through Nov. 22, 2020, Manasse distributed material containing images and video files of child sexual abuse, via a publicly available online peer-to-peer (P2P) file-sharing network of linked computers. Law enforcement officers conducted an undercover online session to access the P2P program and to download five video files and 11 images containing child pornography from an IP address assigned to an internet service provider account associated with Manasse’s residence. These files included multiple visual depictions of pre-pubescent children being sexually abused by adults.
The count of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a fine of $250,000. Sentencing is scheduled for Jan. 23, 2024.
U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to today’s guilty plea. He also thanked the Somerset County Prosecutor’s Office for its assistance.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.
manasse.information.pdfSix indicted for trafficking songbirdsRead the Press Release
HOUSTON – A federal grand jury has returned indictments charging six Cuban nationals who resided in Houston with illegal trafficking of migratory songbirds, announced U.S. Attorney Alamdar S. Hamdani.
Over the past week, authorities took into custody Antonio Cabrero Ruano, 56, Roberto Guimary Machado, 59, Luis Valdez Machado, 22, Iran Almarales Garcia, 53, Ediel Barroso Quintero, 27, and Alexander DeJesus Lechuga, 45.
The six seperate indictments, returned Aug. 24, allege violations of the Migratory Bird Treaty Act and/or the Lacey Act.
The scheme allegedly involved the illegal trapping and selling of protected songbirds, including indigo buntings, painted buntings, rose-breasted grosbeaks, blue grosbeaks and house finches, among others.
The Fish and Wildlife Service (FWS) reports that the birds are often used in singing competitions in which the participating owners gamble thousands of dollars on the winning bird, a common practice in Cuba and elsewhere. The birds migrate from Canada, through Texas, to South America. They are trapped as they pass through the Houston area, commonly using a live “bait bird” whose singing attracts other birds to the trap.
The investigation led to the seizure of over 300 illegally trapped songbirds. They were turned over to the Houston Zoo and Moody Gardens where they were evaluated and photographed. Healthy birds were released to the wild, while those that were too sick or injured to survive unaided will remain under the care of the zoos.
According to FWS, the illegal trapping has a significant impact on the wild songbird populations. The birds are poorly suited to captivity and typically die soon after being confined to a cage.
“We are pleased to see a positive outcome in this case as the plight of native birds is just now becoming clear. It is our core role as an Association of Zoos and Aquariums accredited organization to preserve natural resources and protect threatened and endangered wildlife,” said General Curator Greg Whittaker of Moody Gardens.
“The illegal wildlife trade doesn’t just happen behind closed doors – many of our native species are being traded out in the open in flea markets and online marketplaces like Facebook,” said FWS Special Agent in Charge Victoria Owens. “In addition to seeking justice for our native wildlife and the American public, we want the prosecution of these cases to help educate the public about wildlife laws and deter people from committing these crimes in the future. We will pursue and hold accountable anyone who violates fish and wildlife laws for commercial gain.”
The Migratory Bird Treaty Act was enacted in 1918 for the protection of migratory birds. The Lacey Act prohibits trafficking in wildlife that was taken in violation of federal, state, tribal or foreign law.
If convicted, they each face a maximum penalty of five years in prison for violating the Lacey Act, two years for violating the Migratory Bird Treaty Act and possible fines of up to $250,000.
Two others - Reydel Cabrales Rosa, 36, a Cuban national, and Luis Alonzo Martinez, 56, an El Salvadorian national, who resided in Houston - were previously charged and have pleaded guilty.
FWS conducted the investigation with the assistance of Texas Game Wardens. Assistant U.S. Attorney Robert S. Johnson is prosecuting the case.
Six People Charged with Kidnapping and CarjackingRead the Press Release
Defendants Participated in the Armed Kidnapping and Carjacking of two Victims in the 4400 Block of F Street S.E., Washington, D.C
WASHINGTON – An indictment, unsealed today, filed today in U.S. District Court, charges six people with kidnapping and carjacking, announced U.S. Attorney Matthew M. Graves and Special Agent in Charge Wayne Jacobs, with the FBI Washington Field Office’s Criminal and Cyber Division.
Desmond Evans, 18, Ramel Henderson, 19, Kevon Jackson, 23, Delonte Mundaray, 28, Marquette Jackson, 23, and Malik Terrell, 21, all of the Washington, D.C. metropolitan area are each charged with two counts of aiding and abetting kidnapping and one count of aiding and abetting carjacking. Melvin Green, 24, also of the Washington, D.C. metropolitan area is charged with being an accessory after the fact to these offenses.
According to the indictment, on June 9, 2023, the defendants kidnapped Victim 1. and did willfully transport the victim from the District of Columbia to Maryland. The indictment further alleges that the six defendants kidnapped Victim 2 on that same date. The defendants are also charged with carjacking a black Mercedes SUV from Victim 1 by force, violence and intimidation, with the intent to cause death and serious bodily harm during the kidnappings. Green is charged with assisting Mundaray in connection with the offenses.
The kidnapping charge carries a statutory maximum sentence of life in prison. The carjacking charge carries a statutory maximum sentence of 15 years in prison. The charge of accessory after the fact carries a statutory maximum sentence of 15 years in prison. The charges also carry potential financial penalties. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case is being investigated by the FBI’s Washington Field Office’s Violent Crimes Task Force and Safe Streets Task Force, the Charles County Sheriff’s Office, the Metropolitan Police Department and the U.S. Attorney’s Office for the District of Maryland. It is being prosecuted by Assistant U.S. Attorneys Alicia Long and Thomas Strong, of the Violence Reduction and Trafficking Offenses section of the U.S. Attorney’s Office for the District of Columbia.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Sioux City Nurse Pleads Guilty to Stealing Controlled Substances from Hospital EmployerRead the Press Release
A Sioux City, Iowa nurse who stole fentanyl, morphine, hydromorphone, and hydrocodone from her employer, pled guilty on August 30, 2023, in federal court in Sioux City.
Morgan Miralles, age 32, from Sioux City, Iowa, entered a guilty plea to one count of acquiring a controlled substance by means of misrepresentation, fraud, deception and subterfuge, and one count of false statements relating to health care matters.
In a plea agreement, Miralles admitted that she diverted the controlled substances that were supposed to be dispensed to patients, for her own personal use by falsifying documents, including the omission of information on required log entries tracking the disbursement of controlled substances.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence investigation report is prepared. Miralles remains free on bond pending sentencing. Miralles faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and a year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Iowa Department of Inspections & Appeals, Medicaid Fraud Control Unit, the Department of Health and Human Services, and the Drug Enforcement Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-4049.
Follow us on Twitter @USAO_NDIA.
Sharon Resident Sentenced to 10 Months in Prison for Conspiring to Distribute Crack CocaineRead the Press Release
PITTSBURGH, PA – Torlando Hopson was sentenced to 10 months in prison for conspiring to distribute crack cocaine, United States Attorney Eric G. Olshan announced today.
Hopson, age 34 of Sharon, Pennsylvania, was sentenced by United States District Judge Cathy Bissoon. Judge Bissoon ordered Hopson to serve three years of supervised release following his prison sentence.
Hopson pled guilty earlier this year to conspiring to distribute crack cocaine in 2020 and 2021 in Mercer County. He stipulated to being responsible for the distribution of between 22.4 and 28 grams of crack cocaine.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller prosecuted this case on behalf of the United States.
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, the Lawrence County Drug Task Force, the Mercer County Drug Task Force, the New Castle Police Department, the Sharon Police Department, the Hermitage Police Department, and the Farrell Police Department led the investigation resulting in the conviction and sentence in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Salt Lake City Man Indicted for Allegedly Attempting to Rob America United Federal Credit UnionRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment yesterday charging a man after he allegedly attempted to rob a credit union in Salt Lake City this month.
According to court documents, Jason Michael Ludwig, 49, of Salt Lake City allegedly demanded money from the bank teller at America United Federal Credit Union located at 208 East 800 South. When the teller refused, Ludwig announced he was robbing them of money and began threatening to blow up the credit union and the vault with a bomb in his backpack. Ludwig further stated he possessed a firearm and threatened to shoot and kill the employees and responding police officers. Upon responding officers’ arrival, they took Ludwig into custody. No firearms or explosive device was found on Ludwig or inside his backpack.
Ludwig is charged with one count of attempted credit union robbery. The defendant is scheduled for his initial court appearance on Friday, September 1, 2023, at 9:30 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by a Salt Lake City Police Detective with the FBI’s Violent Crime Task Force.
Assistant United States Attorney Kevin L. Sundwall for the District of Utah is prosecuting 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.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Russian-German National Arrested for Illegally Exporting to Russia Sensitive U.S.-Sourced Microelectronics with Military Applications in Violation of U.S. Export ControlsRead the Press Release
The Defendant Allegedly Participated in an Illicit Procurement Network That, Subsequent to Russia’s Invasion of Ukraine, Illegally Procured Large Quantities of U.S.-Sourced Sensitive Microelectronics for a Russian Company That Supplies Manufacturers for the Russian Military
Arthur Petrov, 33, a dual Russian-German citizen who has resided in Russia and Cyprus, is charged by criminal complaint, unsealed today, with export control violations, smuggling, wire fraud, and money laundering offenses based on his alleged participation in an ongoing scheme to procure U.S.-sourced microelectronics subject to U.S. export controls on behalf of a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military.
Petrov was arrested on Aug. 26 in the Republic of Cyprus at the request of the United States.
“As alleged in the complaint, Arthur Petrov conspired to smuggle U.S. microelectronics technology with military applications to Russia, the type of components used by the Russian military in its unjust invasion of Ukraine,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will not tolerate efforts to circumvent our export control laws to fuel the Russian war machine and those who try will find no refuge from U.S. justice. We thank our partners in the Republic of Cyprus for their law enforcement cooperation and continued support.”
“Those who evade our export control restrictions to support Putin’s brutal war machine will be held accountable,” said Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod. “In conjunction with today’s criminal action, we have issued a Temporary Denial Order to shutter this alleged illicit procurement network’s access to the type of U.S. micro-electronics embedded in Russian missiles and drones that have been used in its unprovoked war against the Ukrainian people.”
“Arthur Petrov is alleged to have participated in an international illicit procurement network based in Russia, using shell companies to smuggle shipments from U.S. distributors of microelectronics with military applications through intermediary countries in order to conceal the ultimate destination of these sensitive materials: Russia. As alleged, Petrov knew that the transactions and shipments were in contravention of U.S. export controls relating to Russia,” said U.S. Attorney Damian Williams for the Southern District of New York. “Efforts to illicitly supply Russia with U.S.-sourced military technology represent an affront to national security and will continue to be met with criminal prosecutions by this office.”
“Petrov’s alleged conduct in the complaint represents a complex, concerted scheme to circumvent U.S. law and export controls,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “The alleged creation and establishment of an intricate network of shell companies demonstrates the elaborate measures adversaries will take to steal sensitive technology. The FBI remains committed to dismantling criminal enterprises’ intent on threatening national security.”
According to court documents, Petrov is a dual Russian-German national who works for LLC Electrocom VPK (Electrocom), a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. Petrov and two co-conspirators (CC-1 and CC-2), who are Russian nationals also working for Electrocom, operated an illicit procurement network in Russia and elsewhere overseas. As alleged, following Russia’ invasion of Ukraine in February 2022 and continuing until August 2023, they fraudulently procured from U.S. distributors large quantities of microelectronics subject to U.S. export controls on behalf of Electrocom. To carry out the scheme, Petrov, CC-1, and CC-2 used shell companies and other deceptive means to conceal that the electronics components were destined for Russia. The technology that Petrov and his co-conspirators procured during the course of the conspiracy have significant military applications and include various types of electronics components of the sort that have been recovered in Russian military hardware on the battlefield in Ukraine, such as Russian guided missiles, drones, and electronic warfare and communications devices.
To perpetrate the scheme, Petrov first acquired the controlled microelectronics from U.S.-based electronics exporters using a Cyprus-based shell company, Astrafteros Technokosmos LTD (Astrafteros), which he operates. Petrov procured these sensitive electronics components by falsely representing to the U.S. exporters that Astrafteros was purchasing the items for fire security systems, among other commercial uses, and that the ultimate end-users and destinations of the electronics are companies in Cyprus or other third countries — when in fact the components are destined for Electrocom in Russia, which supplies manufacturers for the Russian military. The microelectronics that Petrov procured as part of the conspiracy include, among other things, microcontrollers and integrated circuits that are on the Commerce Control List maintained by the Commerce Department and cannot lawfully be exported or reexported to Russia without a license from the Commerce Department. Invoices provided to Petrov by the U.S. distributors expressly noted that these microcontrollers and integrated circuits are subject to U.S. export controls.
To evade these controls, Petrov, CC-1, and CC-2 worked together to transship the controlled items procured by Petrov using pass-through entities operated by CC-1 and CC-2 in third countries. CC-1 and CC-2 then caused the items to be shipped, sometimes through yet another country, to the ultimate destination: Electrocom in Saint Petersburg, Russia. At all times, Petrov, CC-1, and CC-2 concealed from the U.S. distributors that they were procuring the controlled electronics components on behalf of Electrocom and that the items were destined for Russia. During the course of the conspiracy, Petrov, CC-1, and CC-2 procured from U.S. distributors and shipped to Russia more than $225,000 worth of controlled electronics components with military applications.
Petrov is charged with one count of conspiracy to defraud the United States, which carries a maximum sentence of five years in prison; one count of conspiracy to violate the Export Control Reform Act (ECRA), which carries a maximum sentence of 20 years in prison; three counts of violating the ECRA, which each carry a maximum sentence of 20 years in prison; one count of conspiracy to smuggle goods from the United States, which carries a maximum sentence of five years in prison; three counts of smuggling goods from the United States, which each carry a maximum sentence of 10 years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and the Department of Commerce’s Bureau of Industry and Security are investigating the case, with valuable assistance provided by the FBI’s Legal Attaché offices in Poland, Germany, and Athens, Greece; the Justice Department’s National Security Division; and the Justice Department’s Office of International Affairs. The Republic of Cyprus National Police also provided critical assistance in effecting the defendant’s arrest and detention at the request of the United States.
Assistant U.S. Attorney Kevin Sullivan for the Southern District of New York is prosecuting the case, with assistance from Trial Attorney Maria Fedor of the Counterintelligence and Export Control Section.
Today’s actions were coordinated through the Justice Department’s Task Force KleptoCapture and the Justice and Commerce Departments’ Disruptive Technology Strike Force. Task Force KleptoCapture is an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions, and economic countermeasures that the United States has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Russian-German National Arrested for Illegally Exporting to Russia Sensitive U.S.-Sourced Microelectronics with Military Applications in Violation of U.S. Export ControlsRead the Press Release
Arthur Petrov Allegedly Participated in a Russia-Based Illicit Procurement Network That, Subsequent to Russia’s Invasion of Ukraine, Illegally Procured Large Quantities of Sensitive Microelectronics for a Russian Company That Supplies Manufacturers for the Russian Military
Damian Williams, the United States Attorney for the Southern District of New York, Matthew G. Olsen, the Assistant Attorney General of the Justice Department’s National Security Division, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Matthew S. Axelrod, the Assistant Secretary for Export Enforcement of the Commerce Department, announced the unsealing of a Complaint charging ARTHUR PETROV with export control violations, smuggling, wire fraud, and money laundering offenses based on PETROV’s alleged participation in a scheme to procure U.S.-sourced microelectronics subject to U.S. export controls on behalf of a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. PETROV was arrested on August 26, 2023, in the Republic of Cyprus at the request of the United States.
U.S. Attorney Damian Williams said: “Arthur Petrov is alleged to have participated in an international illicit procurement network based in Russia, using shell companies to smuggle shipments from U.S. distributors of microelectronics with military applications through intermediary countries in order to conceal the ultimate destination of these sensitive materials: Russia. As alleged, Petrov knew that the transactions and shipments were in contravention of U.S. export controls relating to Russia. Efforts to illicitly supply Russia with U.S.-sourced military technology represent an affront to national security and will continue to be met with criminal prosecutions by this Office.”
Assistant Attorney General Matthew G. Olsen said: “As alleged in the complaint, Arthur Petrov conspired to smuggle U.S. microelectronics technology with military applications to Russia, the type of components used by the Russian military in its unjust invasion of Ukraine. The Justice Department will not tolerate efforts to circumvent our export control laws to fuel the Russian war machine and those who try will find no refuge from U.S. justice. We thank our partners in the Republic of Cyprus for their law enforcement cooperation and continued support.”
FBI Assistant Director in Charge James Smith said: "After Russia’s further invasion of Ukraine in February 2022, we allege Petrov participated in a global scheme to use shell companies from around the world to establish a clandestine procurement network and supply Russia’s military industrial complex with critical U.S. technology, including types of microelectronics recovered in Russian military equipment on the battlefield in Ukraine. Petrov and his co-conspirators knowingly misrepresented their business activities to evade export controls in order to procure and transship components associated with Russian guided missiles, drones, and electronic warfare devices. This is yet another example of Russia using illicit procurement networks to not only advance their military, but ultimately harm the national security of our country. The FBI is resolute in its commitment to stopping Russia from rearming its military with U.S. technology. Along with our international partners, we will bring to justice anyone who evades sanctions or violates the laws of the United States.”
Assistant Secretary for Export Enforcement Matthew S. Axelrod said: “Those who evade our export control restrictions to support Putin’s brutal war machine will be held accountable. In conjunction with today’s criminal action, we are issuing a Temporary Denial Order to shutter this alleged illicit procurement network’s access to the type of U.S. microelectronics embedded in Russian missiles and drones that have been used in its unprovoked war against the Ukrainian people.”
According to the allegations contained in the Complaint unsealed today in Manhattan federal court:[1]
ARTHUR PETROV is a dual Russian-German national who has resided in Russia and Cyprus and works for LLC Electrocom VPK (“Electrocom”), a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. PETROV and two co-conspirators (“CC-1” and “CC-2”), who are Russian nationals also working for Electrocom, operated an illicit procurement network in Russia and elsewhere overseas. They have fraudulently procured from U.S. distributors large quantities of microelectronics subject to U.S. export controls on behalf of Electrocom. To carry out the scheme, PETROV, CC-1, and CC-2 used shell companies and other deceptive means to conceal that the electronics components were destined for Russia. The technology that PETROV and his co-conspirators have procured in contravention of export controls during the course of the conspiracy have significant military applications and include various types of electronics components that have been recovered in Russian military hardware on the battlefield in Ukraine, such as Russian guided missiles, drones, and electronic warfare and communications devices.
To perpetrate the scheme, PETROV first acquired the controlled microelectronics from U.S.-based electronics exporters using a Cyprus-based shell company, Astrafteros Technokosmos LTD (“Astrafteros”), which he operates. PETROV procured these sensitive electronics components by falsely representing to the U.S. exporters that Astrafteros was purchasing the items for fire security systems, among other commercial uses, and that the ultimate end-users and destinations of the electronics are companies in Cyprus or other third countries — when in fact the components are destined for Electrocom in Russia, which supplies manufacturers for the Russian military. The microelectronics that PETROV has procured as part of the conspiracy include, among other things, microcontrollers and integrated circuits that are on the Commerce Control List maintained by the Commerce Department and cannot lawfully be exported or reexported to Russia without a license from the Commerce Department. Invoices provided to PETROV by the U.S. distributors expressly noted that these microcontrollers and integrated circuits are subject to U.S. export controls.
To evade these controls, PETROV, CC-1, and CC-2 worked together to transship the controlled items procured by PETROV using pass-through entities operated by CC-1 and CC-2 in third countries. CC-1 and CC-2 then caused the items to be shipped, sometimes through yet another country, to the ultimate destination: Electrocom in Saint Petersburg, Russia. At all times, PETROV, CC-1, and CC-2 concealed from the U.S. distributors that they were procuring the controlled electronics components on behalf of Electrocom and that the items were destined for Russia. During the course of the conspiracy, PETROV, CC-1, and CC-2 procured from U.S. distributors and shipped to Russia more than $225,000 worth of controlled electronics components with military applications.
* * *
PETROV, 33, a dual Russian-German citizen who has resided in Russia and Cyprus, is charged with one count of conspiracy to defraud the United States, which carries a maximum sentence of five years in prison; one count of conspiracy to violate the Export Control Reform Act (“ECRA”), which carries a maximum sentence of 20 years in prison; three counts of violating the ECRA, which each carry a maximum sentence of 20 years in prison; one count of conspiracy to smuggle goods from the United States, which carries a maximum sentence of five years in prison; three counts of smuggling goods from the United States, which each carry a maximum sentence of 10 years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division and the New York Field Office of the Bureau of Industry and Security of the Department of Commerce. Mr. Williams also thanked the FBI’s Legal Attaché offices in Poland, Germany, and Athens, Greece; the Department of Justice’s National Security Division, Counterintelligence and Export Control Section; and the Department of Justice’s Office of International Affairs for their assistance. The Cyprus Police also provided critical assistance in effecting the defendant’s arrest and detention at the request of the United States.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorney Kevin Sullivan is in charge of the prosecution, with assistance from Trial Attorney Maria Fedor of the Counterintelligence and Export Control Section.
Today’s actions were coordinated through the Justice Department’s Task Force KleptoCapture and the Justice and Commerce Departments’ Disruptive Technology Strike Force. Task Force KleptoCapture is an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions, and economic countermeasures that the United States has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.
The charges in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Petrov ComplaintRockville Man Sentenced to Nine Years in Federal Prison for Transportation of Child PornographyRead the Press Release
Greenbelt, Maryland - U.S. District Judge Theodore D. Chuang sentenced Gregory Thomas Clement, age 53, of Rockville, Maryland, yesterday to nine years in federal prison, followed by 15 years supervised release, for transportation of child pornography. Judge Chuang also ordered that, upon his release from prison, Clement must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore.
According to his guilty plea, on May 20, 2022, HSI received information from an international law enforcement agency about an individual who was using an encrypted chat application discussing a sexual interest in children. Investigation revealed that the individual was Clement and on August 12, 2022, CBP Officers in Chicago conducted an outbound border search of Clement as he was boarding a plane to Japan. After being advised of his rights, Clement provided agents with his phone, which revealed several images documenting his sexual abuse of a minor victim. Law enforcement also conducted a search of Clement’s residence and a subsequent forensic analysis of several seized electronic devices recovered child pornography images and videos.
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 Attorney’s 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.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended HSI for its work in the investigation and thanked U.S. Customs and Border Protection for its assistance. Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi and Darren S. Gardner, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Rockland County Resident Arrested for $1.5 Million Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging JEFFREY TOGNETTI, JR., with lying to investors about, among other things, being a licensed Series 3 and 7 broker. TOGNETTI was arrested this morning and will be presented in White Plains federal court later today before U.S. Magistrate Judge Andrew E. Krause. The case is assigned to U.S. District Judge Nelson S. Román.
U.S. Attorney Damian Williams said: “As alleged, Jeffrey Tognetti, Jr., perpetrated a classic investment fraud scheme, lying to victims about his qualifications in order to lure supposed investments, only to misappropriate those funds. The career prosecutors of this Office are experts in prosecuting this kind of financial fraud, and thanks to our law enforcement partners, Tognetti now faces the repercussions of his alleged crime.”
HSI Special Agent in Charge Ivan J. Arvelo said: “The defendant is alleged to have defrauded his victims through an ongoing web of misrepresentations and deceit to fund his lavish lifestyle. HSI will work tirelessly to pursue those who seek to take advantage of their victims for financial gain and to ensure that the integrity of our financial institutions is upheld.”
As alleged in public proceedings and the Indictment unsealed today in White Plains federal court:[1]
From at least in or about July 2022 up to the present, TOGNETTI ran a scheme that defrauded victims out of at least $1.5 million. TOGNETTI solicited and obtained funds from victims based on the misrepresentations that, among other things, TOGNETTI was a licensed Series 3 and 7 broker in New York, New Jersey, and Florida, and that he would invest funds he received from victims in the stock market and cryptocurrency. To induce victims to give him funds, TOGNETTI routinely made materially false oral and written statements, including lies that he worked at a hedge fund known as Parallax Capital Advisors LLC and created technology that allowed him to profitably trade cryptocurrency. Without their knowledge or authorization, TOGNETTI misappropriated his victims’ funds by, among other things, using the funds for personal gain and transferring the funds to other individuals.
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TOGNETTI, 26, of Piermont, New York, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Any individuals who believe they may have been the victim of the alleged crime perpetrated by JEFFREY TOGNETTI, JR., can contact HSI at https://www.ice.gov/webform/ice-tip-form.
Mr. Williams praised the outstanding investigative work of HSI and the New York City Police Department.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorney Jennifer N. Ong is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Tognetti IndictmentRochester Man Arrested, Charged with Destroying and Sinking A VesselRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Vyacheslav S. Migitskiy, 33, a Ukrainian national living in Rochester, NY, was arrested and charged by criminal complaint with destruction of a vessel, making a false statement, and sinking of a vessel in a navigable channel. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on August 26, 2022, the U.S. Coast Guard received a report from a local mariner of a partially submerged vessel, a 1987 25’ Bayliner, approximately a half mile offshore east of Little Pond in Rochester. A Coast Guard small boat responded to the area and an active search and rescue mission began. It was determined that no individuals were on vessel. It was also determined that the propellers and boat plug were missing, and all electronics were removed from the vessel. The total estimated loss of the United States Coast Guard’s search and rescue efforts was $14,194, and the New York State Police rescue helicopter cost recovery was $1,248.00.
Subsequent investigation traced the vessel to Migitskiy, who claimed that he had given the vessel to unknown individuals two weeks prior. According to the complaint, a witness, and a review of surveillance video show Migitskiy placing the vessel in the water, and then using a different boat that he owned to tow the vessel out into the lake, where it was later discovered.
Migitskiy made an initial appearance today before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.
The complaint is the result of an investigation by the Coast Guard Investigative Service, under the direction of Joshua Packer, Acting Special Agent-in-Charge, Central Region, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the New York State Police, under the direction of Major Brian Ratajczak, and the Gates Police Department, under the direction of Chief Robert Long, the Rochester Fire Department, under the direction of Chief Stefano Napolitano, the Irondequoit Police Department, under the direction of Chief Scott Peters, and the Greece Police Department, under the direction of Chief Michael Wood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Resident of Chicora, PA Indicted on a Charge of Violating Federal Narcotics LawsRead the Press Release
PITTSBURGH, PA – A resident of Chicora, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Scott Louis Musthaf, 51, of Chicora, PA, as the sole defendant.
According to the Indictment presented to the court, on or about December 5, 2022, Musthaf attempted to possess with intent to distribute 500 grams or more of cocaine, a Schedule II controlled substance.
The law provides for a maximum total sentence of not less than 5 years in prison, a fine not to exceed $5,000,000 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 Benjamin C. Dobkin is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Prior Felon Going to Prison on Gun ChargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Paul Pringle, 44, of Hilton, NY, who was convicted of being a felon in possession of firearms and ammunition, was sentenced to serve 60 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that on March 2, 2023, during a joint investigation by the Monroe County Sheriff’s Office, the Rochester Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, investigators executed a search warrant at Pringle’s Underwood Avenue residence and two firearms, over 900 rounds of ammunition, and 12 gun assembly kits. As part of his plea, Pringle admitted that he manufactured and sold in excess of 10 Personally Manufactured Firearms (PMF) to others. Pringle has three prior felony convictions for possessing firearms or ammunition and is legally prohibited from possessing firearms and ammunition.
The sentencing is the culmination of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Rochester Police Department, under the direction of Chief David Smith, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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President of Beaver Falls Mineral Processing Company Sentenced for Filing False Income Tax ReturnRead the Press Release
PITTSBURGH, PA - The president of a Pittsburgh-area mineral company has been sentenced in federal court to 3 years of probation and ordered to pay $222,255.35 in restitution to the Internal Revenue Service (IRS) and a fine of $55,000 on his conviction for filing a false income tax return, United States Attorney Eric G. Olshan announced today.
United States District Judge Arthur Schwab imposed the sentence on Paul J. Austin, age 60, of Pittsburgh, PA as the sole defendant.
Previously, in connection with his guilty plea, the court was advised that from 2012 through 2017, the defendant was the President of J.P. Austin Associates, Inc., a mineral processing company in Beaver Falls, Pennsylvania. For calendar years 2012 through 2017, the defendant and his spouse, who served as the company’s Treasurer, jointly filed annual Form 1040 federal income tax returns with the Internal Revenue Service.
The defendant admitted in Court that during the relevant time period, payments were made from company accounts for college expenses, which were falsely categorized as business expenses using fictitious vendor names. The return preparer for Mr. Austin and his spouse was not informed about these college expense payments, and the payments were not included as taxable income on Form 1040 returns that were ultimately filed with the IRS. Thus, the defendant willfully made and subscribed Form 1040 returns for calendar years 2012 through 2017 that materially underreported his taxable income. Prior to sentencing, the defendant paid the $222,255.35 in restitution owed to the IRS.
Assistant United States Attorney David Lew prosecuted this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation conducted the investigation leading to the successful prosecution of Austin.
Pearl River Man Pleads Guilty to Production of Child PornographyRead the Press Release
Jackson, Miss. – A Pearl River man pleaded guilty to production of child pornography, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
Garald Benson Johnson, 42, pled guilty on August 29, 2023, in U.S. District Court in Jackson.
According to court documents, Johnson engaged in sexual activity with a minor and used a cellphone to make recordings of the encounter.
Johnson is scheduled to be sentenced on December 7, 2023, and faces not less than 15 years and up to 30 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Choctaw Police Department and the Federal Bureau of Investigation investigated the case.
Assistant U.S. Attorney Kevin J. Payne and Special Assistant United States Attorney Brian K. Burns prosecuted the case.
Passaic County Man Charged in $13 Million Technology Support Scam Targeting over Seven Thousand U.S. VictimsRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man was arrested today in connection with a technical support scam that targeted more than 7,000 victims in the United States, consisting mainly of small business owners and the elderly, defrauding those victims of more than $13 million, U.S. Attorney Philip R. Sellinger announced.
Manoj Yadav, 40, of Clifton, New Jersey, is charged by complaint with one count of conspiracy to commit wire fraud. He is scheduled to appear this afternoon before U.S. Magistrate Judge José R. Almonte in Newark federal court.
“The defendant and his conspirators are alleged to have misled their numerous victims into thinking that they were a legitimate technology support company affiliated with a major software company. After claiming to provide technical support for issues involving the software company’s popular accounting software, they allegedly charged the victims exorbitant fees for purported support services that were not authorized by the software company.”
U.S. Attorney Philip R. Sellinger
“We allege Yadav lied to software users and forced them to pay for services that would usually come free with their initial purchase,” FBI Special Agent in Charge James E. Dennehy said. “The amount he's accused of stealing from his victims and the number of victims seem shocking; however, we are seeing an incredible increase in all types of tech support scams. The fraudsters are pretty savvy in how they con money out of people, even those of us who think we’re smart enough to not fall for it. If you think you’re a victim, please reach out to the FBI.”
According to documents filed in this case and statements made in court:
From 2017 through 2023, Yadav and his conspirators, many of whom were in India, fraudulently held themselves out as a technology support company affiliated with a major U.S. business and accounting software company that developed and sold a widely used accounting software product. They operated under multiple fraudulent business names, including “Phebs Software Services, LLC,” “Phebs Software Services,” “PN Bookkeeping Services,” “Phebbs Consulting,” “Quickbooks Tech Assist,” “Quickbook US,” “Quickbooks Accounting,” and “Quickbooks Support Team.”
The conspirators would contact victims under the guise of fixing victims’ technical issues with the accounting software. After receiving tech support from the conspirators under these fraudulent pretenses, the victims would either be charged exorbitant fees or additional subscription fees. These “services” were all fraudulent: They would not cost any additional money for customers who contacted the actual software company, and the software company never authorized Yadav or his conspirators to act on its behalf or charge any fees.
Yadav personally participated in the scheme by charging the victims for the fraudulent technology support services and funneling millions of dollars from these victims to his conspirators. Yadav fraudulently obtained these funds through the Phebs Software Services, LLC, which Yadav himself formed. That entity did business as both “Phebs Software Services” and “Quickbooks Accounting.” Yadav also used these entity names to falsely hold himself out to banks and victim customers as an accounting company legitimately affiliated with the software company. He did this to prevent charge backs, Better Business Bureau complaints, and the closure of bank accounts. Yadav sent his conspirators over $13 million in funds obtained from victims and would routinely keep approximately 17 percent when he wired funds to the conspirators.
The count of conspiracy to commit wire fraud carries a maximum penalty of 20 years in prison and a fine of $250,000 or twice the gross profit or loss caused by the offense, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Jake A. Nasar of the General Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
yadav.complaint.pdfPascagoula Man Sentenced to over 22 Years in Prison for Possession with Intent to Distribute FentanylRead the Press Release
Gulfport, Miss. – A Pascagoula man was sentenced to 272 months in federal prison for possession with intent to distribute fentanyl, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Willie Ray Washington III, 46, was sentenced on August 30, 2023 in U.S. District Court in Gulfport.
According to court records, in September 2021, agents began investigating Washington for distributing fentanyl, heroin, and methamphetamine from an automotive shop in Moss Point, Mississippi. That location was previously leased by a large-scale distributor of methamphetamine who was no longer distributing narcotics at that location because he had been arrested by DEA agents in an unrelated case. Between April 2022 and May 2022, DEA agents received new information that drugs were again being distributed at that location.
On June 20, 2022, agents executed a search warrant for the property. Agents breached the door to the shop and located Washington standing by a billiards table with a large bag of a white powdery substance in his hand. During the search of the business, agents located approximately 786 grams of methamphetamine; 223 grams of heroin; 172 grams of fentanyl; 64 grams of cocaine hydrochloride; 30 grams of cocaine base; and other smaller quantities of suspected narcotics. Additionally, agents located multiple ledgers on binders indicating a substantial history of narcotics distribution, along with digital scales and other paraphernalia used to package and distribute narcotics.
Washington was indicted by a federal grand jury on July 6, 2022. He pled guilty to one count of possession with intent to distribute fentanyl on April 11, 2023.
The case was investigated by the Drug Enforcement Administration and the South Mississippi Metro Enforcement Team (SMMET).
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
Operation Smoke and Mirrors Update: Kanawha County Man Sentenced to More than 12 Years in Prison for Key Role in Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – Justin Allen Bowen, 41, of Charleston, was sentenced today to 12 years and seven months in prison, to be followed by five years of supervised release, for conspiracy to distribute 50 grams or more of methamphetamine.
According to court documents and statements made in court, from in or about August 2022 to in or about December 2022, Bowen conspired with others to distribute quantities of methamphetamine throughout Kanawha County. Bowen was responsible for selling or possessing with intent to sell nearly 50 pounds of methamphetamine during the course of the conspiracy. Bowen would receive several pounds of methamphetamine at a time from his supplier, and distribute it to several of his customers.
On December 5, 2022, law enforcement officers executed search warrants at locations where Bowen had delivered methamphetamine the night before and seized a total of approximately 15 pounds of methamphetamine found in three locations. Some of this methamphetamine was located in a safe within his bedroom, along with several firearms and more than $70,000 in cash.
Bowen is among 30 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 200 pounds of methamphetamine as well as 28 pounds of cocaine, 20 pounds of fentanyl, 18 firearms and $747,000 in cash.
Nineteen of the defendants have pleaded guilty. Indictments against the other defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent 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-31.
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Omaha Police Helicopter Assists in Firearms Investigation, Leading to 48-Month Prison SentenceRead the Press Release
Acting United States Attorney Susan Lehr announced that Jefferey Edwards, 23, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possessing a firearm as a felon. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Edwards to imprisonment for 48 months. Upon release from prison, Edwards will be required to complete a 3-year term of supervised release. There is no parole in the federal system.
On October 4, 2022, Able One, an Omaha Police helicopter, observed the occupants of a Dodge Charger meet with the occupants of a white Mazda SUV. Edwards was one of three occupants of the Charger, which was stopped by police. Shortly thereafter, Able One observed the Mazda traveling offroad along a tree line behind an address on North 26th Street in Omaha. Officers investigated the vacant lot behind that address and found an iPhone in a case lying in the grass. The iPhone case held identification for one of the two occupants of the Mazda, which was also later stopped by police.
Officers then investigated a red Chevy Tahoe in the vacant lot and observed a rifle case in the back seat and ammunition in plain view. The Tahoe was unsecured, and an officer opened the door and determined that the case was empty. While doing so, the officer found another firearm, a Glock handgun, on the front passenger side floorboard.
A resident of the home at the front of the vacant lot confirmed to officers that she lived there but did not own the firearms that were recovered. Meanwhile, Able One provided an aerial video to officers on the ground showing suspects appearing to hide items in the lot and then leaving in the white Mazda. Officers searched and found two more firearms under a plastic bin in the lot and observed another firearm (a Century Arms, Inc. Model M70AB2 rifle) in a white Malibu also parked in the lot. The owner of the Malibu disclaimed ownership of the firearms and allowed officers to search the car and recover the rifle. DNA testing of the rifle confirmed that Edwards was a contributor to the mixture of DNA on the rifle. The rifle, which was ordered forfeited, is an AK-47 style assault weapon capable of accepting large capacity magazines.
This case was investigated by the Omaha Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.