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31 August 2023
Omaha Man Sentenced for Two-Pound Package of Methamphetamine Sent from MexicoRead the Press Release
Acting United States Attorney Susan Lehr announced that Rodrigo Esparza, 49, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possessing with intent to distribute two pounds of methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Esparza to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 4-year term of supervised release.
On October 15, 2021, the U.S. Customs and Border Protection (CBP) seized a suspicious package that came from Mexico with a destination of Omaha. A drug detection K-9 indicated to the presence of drugs inside the package, and it was searched, resulting in the discovery of 849 grams of pure methamphetamine. The CBP worked with the DEA’s Omaha Field Division to make a controlled delivery to the listed address. On October 21, 2021, the package was delivered, by an undercover agent, to the listed address, where a resident told the undercover agent to leave it on the porch. Eventually, two individuals, later identified as Esparza and Jerrilee Barajas arrived. Esparza exited the vehicle and took possession of the package, after which both were arrested.
Barajas has pleaded guilty to the same charge, with sentencing scheduled on October 6, 2023.
This case was investigated by the U.S. Customs and Border Protection and Drug Enforcement Administration.
Omaha Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
Acting United States Attorney Susan Lehr announced that Davion Jackson, 26, of Omaha, Nebraska, was sentenced today in federal court in Omaha for distributing marijuana and possessing a firearm during a drug trafficking crime. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Jackson to 1 month imprisonment on the drug charge and a consecutive 60 months of imprisonment on the firearm charge, for a total sentence of 61 months. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On July 15, 2020, during a controlled buy in Omaha, a confidential source, equipped with audio/visual equipment, purchased 15.1 grams of marijuana and a Smith and Wesson 9mm handgun from Jackson. This event was monitored by law enforcement. The marijuana, a Schedule I controlled substance, was confirmed via forensic laboratory analysis as to both weight and substance.
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. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department.
Norfolk Man Charged with Price Gouging N95 Masks in Early Months of COVID-19 PandemicRead the Press Release
BOSTON – A Norfolk, Mass. man has been charged and has agreed to plead guilty to conspiring to price gouge hospitals for scarce N95 filtering facepiece respirators (N95 masks) at the start of the COVID-19 pandemic.
Jason Colantuoni, 35, was charged by an Information with one count of conspiracy to commit price gouging in violation of the Defense Production Act. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, on March 11, 2020, a longtime friend of Colantuoni (Individual 1) formed a company in Florida in response to the COVID-19 pandemic. It is alleged that from in or about March 2020 through April 2020, Colantuoni, Individual 1 and the company’s head of sales (Individual 2) conspired to use the company to exploit and profit off of the critical need of hospitals and healthcare workers for scarce N95 masks during the COVID-19 pandemic.
Specifically, Colantuoni, Individual 1 and Individual 2 allegedly accumulated N95 masks from various sources and then sold the N95 masks through the company to desperate hospitals in Massachusetts and elsewhere at prices in excess of the prevailing market price.
Prior to the COVID-19 pandemic, the hospitals to which the company sold N95 masks typically paid approximately $0.44 to $0.70 per respirator. Through the company, Colantuoni, Individual 1 and Individual 2 allegedly offered to sell N95 masks to hospitals for as much as $11.95 per mask.
Through the company, it is alleged that Colantuoni, Individual 1 and Individual 2 sold a total of approximately 1,000 boxes of N95 masks to various hospitals, with each box containing 20 or 30 masks. The weighted average price for the company’s purchases of N95 masks was approximately $4.48 per mask, while the weighted average price for the company’s sales of N95 masks to hospitals was approximately $9.91 per mask.
The charge of conspiracy to commit price gouging in violation of the Defense Production Act provides for a sentence of up to one year in prison, up to one year of supervised release and a fine of up to $10,000. 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; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorneys Bill Brady and Howard Locker of the Health Care Fraud Unit are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.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.
Nicholson, Mississippi Man Sentenced to Seven Years in Prison for Possession with Intent to Distribute HeroinRead the Press Release
Gulfport, Miss. – A Nicholson, Mississippi man was sentenced to 84 months in federal prison for possession with intent to distribute heroin, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Eric Andrew Slaydon, 35, was sentenced on August 30, 2023, in U.S. District Court in Gulfport.
According to court records, in 2015, an investigation began into a large-scale drug trafficking organization located largely in Picayune, MS (Pearl River County). In 2019, Eric Andrew Slaydon and Damon Stafford were identified as being part of the conspiracy. Federal agents used a confidential source to begin making purchases of methamphetamine and heroin. On June 5, 2019, a DEA confidential source purchased heroin from Eric Andrew Slaydon and Damon Andrew Stafford at Stafford’s residence in Picayune, Mississippi.
Slaydon and Stafford were indicted by a federal grand jury on September 7, 2022. Both defendants pled guilty to possession with intent to distribute heroin. Stafford will be sentenced later this year.
The case was investigated by the Drug Enforcement Administration and Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Erica Rose.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor- led, intelligence driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
New York Man Sentenced in Connection with the Illegal Export of WeaponsRead the Press Release
CONCORD – A New York man was sentenced today in federal court in Concord for operating an unlicensed money transmitting business that was used to export weapons to Pakistan, U.S. Attorney Jane E. Young announces.
Muhammad Mohsin Raja, 27, was sentenced by U.S. District Court Judge Paul J. Barbadoro to 24 months in prison and 1 year of supervised release. On May 25, 2022, Raja pleaded guilty to conspiracy to operate an unlicensed money transmitting business.
“The defendant facilitated the export of weapons, and weapon components, to foreign national organizations that threaten U.S. security interests abroad,” U.S. Attorney Jane E. Young said. “This case underscores the importance of our banking laws and regulations in protecting our national security interests.”
“Raja over multiple years engaged in money facilitation in order to evade export restrictions and ultimately enabled the shipment of weapons overseas,” said James Smith, Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office. “This case highlights the important role that enforcement of financial laws plays in our national security. The FBI is committed to ensuring that anyone who engages in criminal activity in order to elude laws and regulations is held accountable in the criminal justice system.”
“Preventing parties on the Bureau of Industry and Security’s (BIS) Entity List from acquiring items that contribute to programs of national security concern, such as components for use in cruise missiles and unmanned aerial vehicles (UAV), is a shared U.S. Government priority,” said Rashel D. Assouri, Special Agent-in-Charge of the Boston Field Office, Office of Export Enforcement. “The Office of Export Enforcement, in coordination with our law enforcement partners, will continue to vigorously pursue, dismantle, and disrupt illicit networks that violate U.S. law.”
For several years, Raja operated a “hawala” based out of New York and worked with individuals in Pakistan to coordinate the transfer of money between parties in the United States and Pakistan. A hawala is a type of informal money transfer system that uses a network of agents to transfer money across international borders without using the banking system, typically to circumvent banking laws and regulations.
The defendant transmitted approximately $4.7 million to Pakistan in 2021 alone. As part of the hawala, he made multiple payments for products intended for an organization on the Commerce Department’s Entity List, Pakistan’s Advanced Engineering Research Organization (AERO). AERO was added to the Entity List, which imposes export restrictions for organizations whose activities threaten U.S. national security or foreign policy interests, for procuring items for use in Pakistan’s cruise missile and strategic UAV programs. For example, the defendant made payments for a blade antenna manufactured by a New Hampshire defense contractor. Those antennas are typically used in UAVs, tactical missiles, helicopters, and aircraft. The defendant also made payments to a Florida defense contractor for rotary pumps and a solenoid valve. The rotary pumps were designed for use in M110 self-propelled howitzers, and the solenoid valve was designed for use in an AIM-9 Sidewinder missile or an AGM-86B air-launched cruise missile.
The defendant also made payments to a Florida firearms manufacturer on behalf of a Pakistani company called Al-Akbar Arms. The payments were for two shipments of assault weapons. The defendant messaged another individual suggesting they disguise the purpose of the payments as “purchasing watches as sports equipment.” However, law enforcement successfully intercepted the assault weapons.
In operating the hawala, the defendant used multiple cell phones to coordinate with other individuals, used multiple bank accounts, and enlisted the assistance of at least 10 friends and family members to visit banks and check cashing businesses to help cash checks, place money orders, and deposit funds.
Department of Commerce’s Office of Export Enforcement and Federal Bureau of Investigation, New York Field Office led the investigation. Assistant U.S. Attorney Alexander S. Chen prosecuted the case.
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Nashua Man Indicted for Firearm Straw PurchasingRead the Press Release
CONCORD – A Nashua man was indicted for making false statements during the acquisition of firearms, U.S. Attorney Jane E. Young announces.
Charles Stone, age 23, was indicted on five (5) counts of making false statements to federally licensed firearms dealers during the purchase of firearms. Stone will appear in federal court in Concord at a later date.
According to the charging document, between September and November of 2021, Stone purchased a total of six firearms on five separate occasions from federally licensed firearms dealers in New Hampshire. When he completed the firearm purchase forms, he stated that he was the actual buyer or transferee of the gun, when in fact he was buying the guns for someone else.
The charges provide for a sentence of up to 10 years in prison, 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.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led the investigation. Assistant U.S. Attorney Aaron Gingrande is prosecuting the case.
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.
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Mexican Man Sentenced to More Than Six Years in Prison for Illegally Re-Entering the United States and Trafficking FentanylRead the Press Release
BOSTON – A Mexican man residing in Lawrence was sentenced yesterday for possessing one kilogram of fentanyl intended for distribution and to illegally re-entering the United States after deportation.
Jesus Gracielo Garcia-Vega a/k/a Jonathan Ivan Badillo-Hernandez, 35, was sentenced by Chief U.S. District Court Judge F. Dennis Saylor to 75 months in prison followed by three years of supervised release. On March 20, 2023, Garcia-Vega pleaded guilty to one count of possession with intent to distribute fentanyl and one count of unlawful re-entry of a deported alien.
On March 23, 2022, Garcia-Vega gave a sample of fentanyl to a confidential source working with law enforcement. During that transaction, Garcia-Vega agreed to sell fentanyl the next day to the confidential source. On March 24, 2022, Garcia-Vega drove to the Premium Outlets in Wrentham with a kilogram of fentanyl inside a laundry bag, intending to sell it to the confidential source. Garcia-Vega was later stopped by police on I-495 in Westford and arrested. A Subsequent investigation determined that Garcia-Vega had been deported on several occasions from the United States, including most recently on March 23, 2016, after which he unlawfully re-entered the country.
“Fentanyl is an incredibly serious threat to public safety as it can have fatal consequences even in very small amounts. Mr. Garcia-Vega tried to pump a kilogram of this poison into our communities. It’s particularly disturbing that he engaged in this criminal behavior after entering this country unlawfully following several deportations,” said Acting United States Attorney Joshua S. Levy. “This office and our law enforcement partners will continue to relentlessly pursue fentanyl distributors and ensure the safety and well-being of Massachusetts residents.
“Fentanyl distribution is destroying people’s lives and wreaking havoc in our communities,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “DEA and our law enforcement partners will aggressively pursue and bring to justice individuals like Mr. Garcia-Vega who distribute this deadly drug. This sentence not only holds Mr. Garcia-Vega accountable for his crimes but serves as a warning that we will do everything in our power to keep this poison off the streets of Massachusetts.”
Acting U.S. Attorney Levy and DEA SAC Boyle made the announcement today. Valuable assistance in the investigation was provided by the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit prosecuted the case.
Mercer County Man Admits Soliciting Kickbacks in COVID-19 Testing Kickback ConspiracyRead the Press Release
NEWARK, N.J. – A Mercer County, New Jersey, man admitted his role in a kickback conspiracy involving COVID-19 testing, U.S. Attorney Philip R. Sellinger announced today.
Tauqir Khan, 65, of Pennington, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court to an information charging him with one count of conspiracy to violate the Anti-Kickback Statute for his role in a scheme to obtain kickbacks for the referral of COVID-19 test samples.
U.S. Attorney Philip R. Sellinger“Clinical laboratories and health care professionals are on notice: paying kickbacks to steer tests to a lab may break the law. This office is committed to using all the tools at our disposal to keep illegal kickbacks out of our health care system and preserve the integrity of medical decision making.”
“Clinical laboratories and health care professionals are on notice: paying kickbacks to steer tests to a lab may break the law,” U.S. Attorney Sellinger said. “This office is committed to using all the tools at our disposal to keep illegal kickbacks out of our health care system and preserve the integrity of medical decision making.”
“There were many fraudsters who saw the global pandemic as a get rich quick gold mine. Khan and his conspirators were no different, soliciting kickbacks and wrongfully billing health care programs,” FBI – Newark Special Agent in Charge James E. Dennehy said. “It may take time, but FBI Newark and our law enforcement partners are bringing to justice those who stole money that wasn't intended for their bank accounts.”
According to documents filed in the case and statements made in court:
Khan and his conspirators solicited kickbacks in exchange for providing COVID-19 test samples to Metpath Laboratories, a clinical laboratory located in Parsippany, New Jersey, that conducted testing to detect the presence of COVID-19 in samples obtained from individual patients. Metpath paid kickbacks for the referrals of COVID-19 test samples and subsequently billed Medicare and other health care benefit programs for the tests.
The charge of conspiracy to violate the Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greatest. Sentencing is scheduled for Jan. 11, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney DeNae M. Thomas of the Health Care Fraud Unit in Newark.
khan.information.pdfMcAlester Physician Sentenced for Federal Drug CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nelson Onaro, age 61, of McAlester, Oklahoma, was sentenced to one year of probation for unlawfully distributing and dispensing controlled substances. Onaro also surrendered his Oklahoma medical license and his DEA registration which formerly enabled him to dispense controlled substances.
The charges arose from an investigation by the Drug Enforcement Administration.
On February 7, 2023, Onaro pleaded guilty to one count of Unlawful Distribution of a Controlled Substance. At the plea hearing, Onaro admitted to prescribing Schedule II controlled substances to patients in amounts and for durations beyond the scope of legitimate medical practice. Onaro also admitted to writing prescriptions for patients in dangerous combinations and dosages, thus creating a heightened risk of overdose and death, and to writing a prescription for a straw buyer in order to conceal his own drug use.
The Honorable Ronald A. White, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee, Oklahoma.
Department of Justice Trial Attorneys Daniel Griffin and Christopher Jason and Assistant United States Attorneys Ryan Conway and Ryan Bondura represented the United States.
Maryland man admits to federal firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Quinton Vaughn Baker, age 25, of Cumberland, Maryland, has pled guilty to making false statements during the purchase of a firearm.
According to court documents and statements made in court, Baker admitted to falsifying documents at a licensed firearms dealer in Mineral County to purchase a 9mm pistol. Baker claimed on the form that he lived in West Virginia despite residing in Maryland and stating that the firearm was for his personal use, knowing the firearm was meant for someone else. As a part of the plea agreement, Baker has agreed to forfeit 20 firearms.
Baker is facing up to 15 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Manchester Man Indicted for Fentanyl and Crack Cocaine Distribution OffensesRead the Press Release
CONCORD – A Manchester man was indicted in connection with the distribution of fentanyl and crack cocaine, U.S. Attorney Jane E. Young announces.
Walter Velez, 41, was indicted on four counts of distribution of controlled substances in connection with the sale of fentanyl and crack cocaine to a confidential informant. Velez will appear in federal court at a later date.
According to the charging documents, Velez sold fentanyl and crack cocaine at his business, Velez Alignment & Auto Services, LLC, in Manchester on four separate occasions. The four sales totaled over 200 grams of fentanyl and over 20 grams of crack cocaine.
These charges of distribution of a controlled substance provides for a sentence of up to 30 years in prison, at least 6 years of supervised release, and a fine of up to $2,000,000. 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.
The Homeland Security Investigations led the investigation. Valuable assistance was provided by the Manchester Police Department. Assistant U.S. Attorney Geoffrey Ward is prosecuting the case.
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.
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Man Who Threatened Another Driver with a Gun Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
A man who pulled a firearm during a road rage incident in February 2022, was sentenced August 17, 2023, to more than 5 years in federal prison.
Chad Hendrickson, age 46, from Sioux City, Iowa, received the prison term after a March 7, 2023, guilty plea to possession of a firearm by a felon and drug user.
Evidence in the case revealed that when a vehicle attempted to pass Hendrickson near 6th and Pierce Street, in downtown Sioux City, Iowa, Hendrickson refused to let the vehicle pass. When the vehicle pulled up next to Hendrickson, Hendrickson produced a handgun, pointed it at the other driver and made threats towards him. The victim then called law enforcement and followed the individual from a safe distance to the area of 26th and Pierce where Hendrickson parked his vehicle and took off on foot. Hendrickson was apprehended by law enforcement nearby. When Hendrickson was taken into custody, he was also found to be in possession of marijuana, a switch blade knife, brass knuckles, and the handgun.
Hendrickson has a lengthy criminal history, and is a danger behind the wheel, having been convicted of reckless driving and driving under the influence or while intoxicated. He has also been convicted of burglary and domestic assault.
Hendrickson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 64 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Hendrickson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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 Sioux City, Iowa Police Department 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 22-4024.
Follow us on Twitter @USAO_NDIA.
Man Who Purchased More Than 7 Guns Under False Pretenses Sent to Federal PrisonRead the Press Release
A man who was a drug user and made false statements while purchasing firearms was sentenced August 14, 2023, to more than a year in federal prison.
Justin Evans, age 24, from Kansas City, Missouri, received the prison term after a January 25, 2023, guilty plea to possession of a firearm by a drug user.
Evidence in the case showed between September 2020 and February 2022, Evans, while an unlawful user of marijuana, lied to Federal Firearms Licensee gun stores to purchase more than 7 guns that he subsequently resold on the illicit market.
Evans was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 18 months’ imprisonment. He must also serve a 3-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.
Evans is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and was 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 22-3013.
Follow us on Twitter @USAO_NDIA.
Man Pleads Guilty to Making Threats to Arizona State Election OfficialRead the Press Release
An Ohio man pleaded guilty today to sending threatening communications to an election official with the Arizona Secretary of State’s Office.
“The Justice Department has no tolerance for illegal threats that target those who administer our elections, and it will not hesitate to investigate and prosecute such criminal conduct,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “These threats endanger election workers and their families, and they endanger our democracy.”
According to court documents, on or about Aug. 2, 2022, on the date of Arizona’s primary elections, Joshua Russell, 44, of Bucyrus, left the following voicemail for an election official with the Arizona Secretary of State’s Office (Victim‑1): “This message is for traitor [Victim-1’s full name]. You’ve drug your feet, you’ve done nothing, to protect our election for 2020. You’re committing election fraud, you’re starting to do it again, from day one. You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”
“Election officials are the first responders of democracy,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We best vindicate the work of these public servants when we locate, investigate, and prosecute those who make threats against them.”
Additionally, on or about Sept. 9, 2022, Russell left the following voicemail for Victim-1: “This message is for terrorist [Victim-1’s last name]. The only reason you’re still walking around on this planet is because we’re waiting for the midterms to see you prosecuted for the crimes you have done to our nation. You are a terrorist. You are a derelict criminal. And you have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”
“This case is another successful result from the hard work of the Election Threats Task Force,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our partners will continue to investigate anyone who threatens election officials working to keep America’s elections fair and free.”
Finally, on or about Nov. 15, 2022, Russell left the following voicemail for Victim-1: “This message is for communist, criminal, [Victim-1’s full name]. We will not endure your crimes on America another day. You’ve been busted, over and over again. We will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”
Russell pleaded guilty to one count of making a threatening interstate communication. The sentencing is scheduled for Nov. 13, and the defendant faces a maximum penalty of five 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 Phoenix Field Office is investigating the case, with the assistance of the FBI Cleveland Field Office, Mansfield Resident Agency.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Man Pleads Guilty to Election-Related Threat Toward Georgia Public OfficialsRead the Press Release
A Texas man pleaded guilty today in the Northern District of Georgia to posting a message online threatening several Georgia public officials following the 2020 election.
“This case marks another destructive example of threats of violence to the election community and law enforcement,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The Department will not tolerate the criminal targeting of the men and women responsible for administering our elections and ensuring that every eligible voter has the opportunity to exercise the most fundamental right in our democracy: the right to vote.”
According to court documents, around Jan. 5, 2021, Chad Christopher Stark, 55, of Leander, posted a message to Craigslist entitled, “Georgia Patriots it’s time to kill [Official A] the Chinese agent - $10,000.” The message included the following: “It’s time to invoke our Second Amendment right it’s time to put a bullet in the treasonous Chinese [Official A]. Then we work our way down to [Official B] the local and federal corrupt judges. It’s our duty as American Patriots to put an end to the lives of these traitors and take back our country by force. . . . If we want our country back we have to exterminate these people. One good loyal Patriot deer hunter in camo and a rifle can send a very clear message to these corrupt governors.. milita up Georgia it’s time to spill blood…. we need to pay a visit to [Official C] and her family as well and put a bullet her behind the ears. Remember one thing local law enforcement the key word being local….. we will find you oathbreakers and we’re going to pay your family to visit your mom your dad your brothers and sisters your children your wife… we’re going to make examples of traitors to our country… death to you and all you communist friends.”
“All across this country our fellow citizens and neighbors, including many retirees, choose to serve as elections officials, poll workers, and in other capacities to help ensure free and fair elections in the United States. They serve out of a patriotic duty and appreciation for our nation and deserve to do so without fear of retaliation or threats of violence,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Stark threatened officials working at all levels of the election process including elected office holders and a volunteer poll worker. His egregious conduct placed our democracy in jeopardy, striking at the heart of the process we assume to be insulated from such attacks. Our office will remain steadfast in partnering with federal, state, and local authorities to safeguard those who work to secure our elections.”
“Today’s guilty plea plainly shows that anyone who threatens election officials online will be investigated by the FBI and held accountable for their words” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “We must take calls to violence seriously, whatever their form, especially when they have the potential to result in physical harm and undermine the integrity of U.S. elections.”
Stark pleaded guilty today to one count of a sending a threat using a telecommunications device. He faces a maximum penalty of two years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Atlanta Field Office is investigating the case.
Election Crimes Branch Director of Enforcement and Litigation Sean F. Mulryne of the Criminal Division’s Public Integrity Section and Senior Litigation Counsel Brent A. Gray for the Northern District of Georgia are prosecuting this case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
MS-13 Gang Member Pleads Guilty to Four Murders, Multiple Attempted Murders, and ArsonRead the Press Release
Today, in federal court in Central Islip, Enrique Portillo, also known as “Oso” and “Turkey,” a member of La Mara Salvatrucha, also known as the MS-13, pleaded guilty to racketeering and firearms charges in connection with his participation in four murders, namely, the September 13, 2016 murders of teenagers Kayla Cuevas and Nisa Mickens, in Brentwood; the October 13, 2016 murder of Dewann Stacks, in Brentwood; and the January 30, 2017 murder of Esteban Alvarado-Bonilla in Central Islip; as well as his participation in four attempted murders, including the discharge of a .40 caliber semi-automatic handgun in connection with one of the attempted murders; and arson. The guilty plea proceeding was held before United States District Judge Gary R. Brown. When sentenced, Portillo faces up to life in prison on the racketeering charge and a 10-year, mandatory minimum sentence on the firearms charge.
Breon Peace, United States Attorney for the Eastern District of New York, James Smith, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.
“Today, the defendant pleaded guilty to participating in four extremely brutal murders, including two teenage girls slaughtered while walking home, that have left permanent scars in the Brentwood community which for too long has suffered acts of violence and destruction carried out by the MS-13 with machetes, knives, guns and fire,” stated United States Attorney Peace. “I am confident that justice for the victims will be delivered when Portillo is sentenced for his savage crimes. This Office will not rest until all MS-13 gang members are held to account for their utter lack of respect for human life and the rule of law.”
“As part of his desire to gain status within MS-13, Portillo repeatedly acted with complete disregard for human life, killing four individuals along with multiple other attempts. Today’s guilty plea stands as a warning to anyone willing to attempt to gain standing through senseless acts of violence — you will face the consequences. The FBI Long Island Gang Task Force will not allow vicious criminals to go unchecked and cause our community to live in fear of violence,” stated FBI Assistant Director-in-Charge Smith.
“These senseless and barbaric killings, including those of teenagers Kayla Cuevas and Nisa Mickens, shook our communities and reverberated around the nation,” stated SCPD Commissioner Harrison. “It is my hope that this guilty plea will provide the victims’ families some peace while also demonstrating our commitment to dismantling these criminal enterprises. I commend the work of the Long Island Gang Task Force on this case and Eastern District of New York for their continued success in prosecuting these vicious gang members.”
According to court filings and statements made during today’s guilty plea proceeding, Portillo was a member of the Sailors Locos Salvatruchas Westside (Sailors) clique of the MS-13. He committed the following crimes in order to maintain and increase his membership and status in the gang:
July 18, 2016 Attempted Murders of John Doe #1 and John Doe #2
On the evening of July 18, 2016, Portillo and other members of the MS-13, who were driving around Brentwood, armed, in search of rival gang members to attack and kill, observed a group of men on Apple Street. Believing these men to be members of a rival gang, Portillo and two other MS-13 members exited the car and attacked the group. Portillo fired a .40 caliber semi-automatic handgun at one of the men (identified as John Doe #1), and then used a machete to hack at another (identified as John Doe #2). Another MS-13 member fired at the group of men using a .38 caliber handgun. Although John Doe #1 was struck with a bullet, he survived. John Doe #2, who was attacked with a machete, also survived, but was severely disfigured as a result of this attack.
September 12, 2016 Arson in Brentwood
During the summer of 2016, Sailors clique members of MS-13 were regularly having altercations with rival gang members based in a neighborhood on Freeman Avenue in Brentwood. On September 12, 2016, the MS-13 members set fire to a car parked in the driveway of one of the houses in that neighborhood. Portillo and other MS-13 members drove to that house, where Portillo and two others poured gasoline on a car parked in the driveway and then set it on fire. The car exploded and ignited another parked car.
September 13, 2016 Murders of Kayla Cuevas and Nisa Mickens
On September 13, 2016, Portillo and several other MS-13 members brutally murdered 15-year-old Nisa Mickens and 16-year-old Kayla Cuevas, both students at Brentwood High School.
In the months leading up to the murders, Cuevas was involved in a series of disputes with members and associates of the MS-13. Approximately one week before the murders, these disputes escalated when Cuevas and several friends were involved in an altercation with MS-13 members at Brentwood High School. After that incident, the MS-13 members vowed to seek revenge against Cuevas. On the evening of September 13, 2016, Portillo and other members of the Sailors clique of the MS-13, who were driving around Brentwood in search of rival gang members to attack and kill, spotted Cuevas and Mickens walking on Stahley Street in a residential neighborhood. Recognizing Cuevas, they quickly sought and obtained the requisite permission to murder the teen girls. Portillo and others then jumped out of the car, chased and attacked both Cuevas and Mickens, wielding baseball bats and a machete, striking each of the girls numerous times in their heads and bodies, causing their deaths. Mickens, whose body was discovered later that evening on Stahley Street, not far from Cuevas’s home, sustained significant sharp force trauma to her face and blunt force trauma to her head. Cuevas, whose body was discovered the following day behind a house adjacent to where Mickens’s body was found, sustained significant blunt force trauma to her head and body and multiple lacerations.
October 13, 2016 Murder of Dewann Stacks
On the evening of October 13, 2016, Portillo and other members of the MS-13 were once again driving around Central Islip and Brentwood in search of rival gang members to attack and kill. That night, they spotted 34-year-old Dewann Stacks and, believing him to be a rival gang member, decided to kill him. Portillo, armed with a baseball bat, and two other MS-13 members, both armed with machetes, attacked Stacks, beating and hacking him to death on American Boulevard, a residential street in Brentwood. Stacks sustained severe sharp and blunt force trauma to his face and head, leaving him nearly unrecognizable.
January 30, 2017 Murder of Esteban Alvarado-Bonilla
On the morning of January 30, 2017, members of the Sailors clique of MS-13 spotted 29-year-old Esteban Alvarado-Bonilla inside El Campesino Deli in Central Islip. Alvarado-Bonilla was wearing a football jersey bearing the number “18,” which led the MS-13 to conclude that he was a member of a rival gang, and they plotted to kill him. Portillo identified Alvarado-Bonilla to other MS-13 members as their target, and kept watch over him to ensure that he remained at the deli. Other MS-13 members then arrived at the deli to commit the murder. At approximately 10:30 a.m., a masked MS-13 member entered the deli, approached Alvarado-Bonilla from behind, and shot him multiple times, killing him. One of the bullets pierced through Alvarado-Bonilla’s head and struck the chest of a female employee of the deli, who was standing directly in front of him. The deli employee survived the gunshot wound.
September 26, 2017 Attempted Murder of John Doe #3 in Federal Prison in Brooklyn
In the summer of 2017, while Portillo was in federal custody at the Metropolitan Detention Center (MDC) in Brooklyn, MS-13 members were regularly having altercations with members of the Young Gunnaz, or YGz, a rival gang. On September 26, 2017, Portillo encountered an individual (identified as John Doe #3), a YGz member, on his unit and tried to kill him by using a shank to stab him in the neck, and by beating him with metal locks tied to a braided bed sheet. John Doe #3 survived the attack.
May 30, 2019 Attempted Murder of John Doe #4 in Federal Prison in Brooklyn
On May 30, 2019, while Portillo was in federal custody at the MDC in Brooklyn, he encountered an individual (identified as John Doe #4), a member of the Bloods street gang – a rival of the MS-13 – in his unit’s common area. Portillo tried to kill him by stabbing him with a shank. John Doe #4 survived the attack.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent, transnational criminal organization. The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States. With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization operating on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted of federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 65 murders in the Eastern District of New York, resulting in the convictions of dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, the New York State Police, the Hempstead Police Department, the Rockville Centre Police Department, and the New York State Department of Corrections and Community Supervision.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Paul G. Scotti, Justina L. Geraci, and Megan E. Farrell are in charge of the prosecution.
The Defendant:
ENRIQUE PORTILLO (also known as “Oso” and “Turkey”)
Age: 26
Brentwood, New YorkE.D.N.Y. Docket No. 16-CR-403 (S-8) (GRB)
Luzerne County Man Indicted on Sexual Assault ChargesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Salem Christopher Diop, age 22, of Kingston, Pennsylvania, was indicted by a federal grand jury on a sexual assault charge.
According to United States Attorney Gerard M. Karam, the indictment alleges that on July 8, 2023, Diop was on a cruise when he engaged in sexual assault with a victim incapable of appraising the nature of the conduct.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Leaders of “Massive” Ice Methamphetamine Conspiracy Sentenced to 63 Total Years in Federal PrisonRead the Press Release
Two men who orchestrated the transportation and distribution of over 500 pounds of ice methamphetamine to Cedar Rapids, Iowa, were sentenced on August 16 and 30, 2023, to a total of 63 years in federal prison.
Derek Michael Mims, age 32, from Cedar Rapids, Iowa, received the prison term after a February 7, 2023 guilty plea to one count of conspiracy to distribute a controlled substance.
David Poitier Belton, age 37, from Compton, California, received the prison term after a February 1, 2023 guilty plea to one count of conspiracy to distribute methamphetamine and one count of being a felon and drug user in possession of a firearm.
In plea agreements, Belton, who was also known as “Blood,” and Mims admitted that they orchestrated the transportation of 30 to 60-pound shipments of ice methamphetamine from Los Angeles to Cedar Rapids between 2017 and March 2022. Belton and Mims paid other individuals to transport the ice methamphetamine, typically in a vehicle that contained a specially made hidden compartment. Once the ice methamphetamine arrived in Cedar Rapids, Belton or Mims would retrieve the methamphetamine and distribute it to other members of the organization for sale to customers. In October 2020, the vehicle with the hidden compartment was searched by law enforcement officers while it was on a car hauler destined for Iowa. Officers found approximately 30 pounds of ice methamphetamine inside the hidden compartment.
In late 2021, the Cedar Rapids DEA conducted a wiretap investigation into Belton’s drug organization. In February 2022, agents intercepted communications indicating that a shipment of 60 pounds of ice methamphetamine was going to be coming from California to Iowa. Investigators tracked a courier driving a rental truck from Los Angeles to Nebraska, where the truck was stopped. During a search of the cargo area of the truck, officers found a plastic tote containing 60 pounds of ice methamphetamine.
Following the seizure of the 60 pounds of ice methamphetamine, Belton continued to purchase additional methamphetamine from his source in California. On February 27, 2022, Belton was intercepted speaking with Kiyonte Sowell, a relative of Belton in California. Belton told Sowell that he was booking Sowell a flight, instructed Sowell to “pack you a big ass suitcase, you already know you ain’t going to stay for that many days” and then said, “You already know what the rest is so we gonna, I’m gonna book you out a ticket in the morning.” The next day, Sowell went to Los Angeles International Airport, taking a large roller bag with him through airport security as carry‑on luggage. Airport security conducted an X‑ray of the roller bag and observed multiple bags of an unknown substance underneath the clothes inside the bag. During a secondary search of the bag, security found five vacuum‑sealed bags containing ice methamphetamine. Sowell admitted that the bag was his but said his brother had packed it. When asked if he was aware of the contents of the bag he shrugged and said, “It looks like cocaine or meth, I don’t know.” He then said he was going to Iowa, “but all I know is that I’m missing my flight and I’m going to jail.”
On March 8, 2022, investigators searched Belton’s home in Cedar Rapids. During the search investigators located a small amount of cocaine and 15 firearms. Belton was a felon, having twice been convicted of felony burglary and once of possession with intent to distribute marijuana. Belton was also prohibited from possessing firearms because he was an unlawful user of marijuana.
Belton and Mims were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. The judge described Belton and Mims as leading a “huge organization bringing back astronomical quantities of ice methamphetamine” that caused “untold damage to the community.”
Belton was sentenced to 396 months’ imprisonment and Mims was sentenced to 360 months’ imprisonment. Each man must also serve a five‑year term of supervised release after the prison term. There is no parole in the federal system.
Belton and Mims are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the DEA Task Force in Cedar Rapids and the Federal Bureau of Investigation. The DEA Task Force in Cedar Rapids consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement. The case was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22‑CR‑39‑CJW‑MAR.
Justice Department’s Election Threats Task Force Secures Ninth ConvictionRead the Press Release
Today in the Northern District of Georgia and in the District of Arizona, the Justice Department secured guilty pleas in two criminal cases involving defendants charged with making illegal threats against members of the election community.
The guilty pleas follow two recent sentencings in the District of Arizona and the Northern District of Texas. To date, the Justice Department’s Election Threats Task Force has charged 14 cases involving threats against the election community and secured nine convictions.
“A functioning democracy requires that the public servants who administer our elections are able to do their jobs without fearing for their lives,” said Attorney General Merrick B. Garland. “The Justice Department will continue to investigate and prosecute those who target election officials and election workers as part of our broader efforts to safeguard the right to vote and to defend our democracy.”
On Monday in the District of Arizona, an Iowa man was sentenced to two and a half years in prison for sending threatening communications to an election official on the Maricopa County Board of Supervisors and to the then-Attorney General of Arizona.
This afternoon in the Northern District of Georgia, a Texas man pleaded guilty to posting a message riddled with graphic threats aimed at two Georgia officials, an election worker, and local law enforcement.
Also today in the District of Arizona, an Ohio man pleaded guilty to sending a death threat to an election official with the Arizona Secretary of State’s Office.
And finally, earlier this month, a Texas man was sentenced to three and a half years in prison for threats he made to an official in the Maricopa County Attorney’s Office and another Maricopa County official.
During and following the 2020 election cycle, the election community reported a sharp increase in hostile and threatening communications received from members of the public. In response to the increase in threats, in June 2021 the Justice Department announced the creation of the Election Threats Task Force, which includes members from the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, to address the rise in threats against the election community, and to protect all election workers – whether they be elected officials, appointed officials, or those who volunteer their time – against the threats they face.
Fact SheetJustice Department Sues Ohio Landlord for Sexually Harassing TenantsRead the Press Release
The Justice Department today filed a lawsuit against Joseph Earl Lucas of Amesville, Ohio, for sexually harassing female tenants and housing applicants in violation of the Fair Housing Act. Lucas has owned and managed more than 70 residential rental properties in and around Athens County, Ohio.
The lawsuit, filed in the U.S. District Court for the Southern District of Ohio, alleges that since at least 2004, Lucas requested sex acts from female tenants and applicants; subjected female tenants to unwelcome sexual touching; made unwelcome sexual comments and advances to female tenants and their female guests; repeatedly drove by and entered female tenants’ homes without their permission; demanded that female tenants engage in sex acts with him in order not to lose housing; and offered to reduce rent or excuse late or unpaid rent in exchange for sex acts. The lawsuit also alleges that Lucas initiated evictions or threatened to evict female tenants who refused his sexual advances.
“No one should have to experience sexual harassment in their home or their community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously enforce fair housing laws to hold accountable landlords who prey on vulnerable tenants and housing applicants.”
“This lawsuit sends a message that this deplorable behavior has no place in our communities and that the U.S. Attorney’s Office will vigorously enforce federal civil rights laws to stop this conduct,” said U.S. Attorney Kenneth L. Parker for the Southern District of Ohio. “No one should be forced to endure any form of sexual harassment, let alone in their efforts to maintain housing.”
The lawsuit, which is the result of a joint investigative effort with the Department of Housing and Urban Development Office of Inspector General (HUD-OIG), seeks monetary damages to compensate persons harmed by the alleged harassment, a civil penalty to vindicate the public interest and a court order barring future discrimination.
“Every person deserves to feel safe in housing without facing the threat of being sexually harassed or abused by a landlord,” said HUD Inspector General Rae Oliver Davis. “Victims should not hesitate to report such harassment and abuse to law enforcement authorities. HUD OIG will continue to work with its law enforcement partners to hold housing providers accountable for this type of horrible conduct.”
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. It also prohibits sexual harassment, a form of sex discrimination. Individuals who believe they may have been victims of sexual harassment or other types of housing discrimination at rental properties owned or managed by Joseph Lucas, or who have information that may be relevant to this case, may contact the Justice Department by calling the U.S. Attorney’s Office’s Civil Rights Tipline 513 684-2055, emailing usaohs.civilrights@usdoj.gov or completing a Civil Rights referral form at www.justice.gov/usao-sdoh/file/1513341/download.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative in October 2017, the department has filed 35 lawsuits alleging sexual harassment in housing and recovered over $10.8 million for victims of such harassment.
Justice Department Secures Agreement with Georgia Tech to Resolve Immigration-Related Discrimination Claims Involving Its Recruiting PlatformRead the Press Release
The Justice Department secured a settlement agreement today with Georgia Institute of Technology (Georgia Tech), a public, non-profit university within the University System of Georgia.
The settlement resolves the department’s determination that Georgia Tech violated the Immigration and Nationality Act (INA) by operating a job recruiting platform on which third-party employers paid to post advertisements linked to its career fairs that unlawfully excluded certain non-U.S. citizens and limited recruitment opportunities for certain non-U.S. citizen students based on their citizenship status.
“Our nation’s higher education institutions must ensure that their job recruiting platforms don’t promote, facilitate or enable unlawful citizenship discrimination,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously enforce the Immigration and Nationality Act’s nondiscrimination mandate to ensure that college students are treated fairly and have an equal opportunity to compete for internships and jobs.”
The department’s investigation began after a student at Georgia Tech, who was a lawful permanent resident, filed a discrimination complaint with the Civil Rights Division. The student alleged that a bank advertised a U.S. citizen-only internship on Georgia Tech’s career services website. Upon investigating the student’s complaint, the department uncovered additional unlawful discriminatory advertisements on Georgia Tech’s job recruiting platform that discouraged or restricted certain non-U.S. citizen students from applying. The department’s investigation also revealed that Georgia Tech routinely permitted employers to block non-U.S. citizen students from applying to such jobs through its platform.
Under the settlement agreement, Georgia Tech will pay a civil penalty of $500,000 to the United States, change its recruiting practices and revise its policies to promote compliance with the INA. In addition, for three years, Georgia Tech must ensure that certain career services personnel in its undergraduate and graduate programs are trained on the INA’s anti-discrimination provision.
Over the last 14 months, the department has secured over $1.6 million in total civil penalties from 30 employers who used Georgia Tech’s recruiting platform to post job advertisements that unlawfully excluded certain non-U.S. citizen students who stand on equal footing with U.S. citizens in their ability to work, such as lawful permanent residents, refugees and those granted asylum by the federal government.
On June 16, 2022, the department settled with 16 employers; on Sept. 21, 2022, the department settled with four employers; and on May 23, 2023, the department settled with another 10 employers.
This agreement is another example of the Civil Rights Division’s efforts to address the impact that automated platforms, specifically ones that provide users with tools and filters that enable unlawful restrictions, have on civil rights. On April 25, 2023, the Civil Rights Division released a joint statement with other federal agencies highlighting their commitment to protect individuals with respect to artificial intelligence and automated systems (AI) that can impact individuals’ civil rights and equal opportunity.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
Georgia Tech Settlement AgreementJustice Department Proposes New Regulation to Update Definition of “Engaged in the Business” as a Firearms DealerRead the Press Release
The Justice Department today announced it has submitted to the Federal Register a notice of proposed rulemaking that would clarify the circumstances in which a person is “engaged in the business” of dealing in firearms and thus required to obtain a license and run background checks. The Bipartisan Safer Communities Act (BSCA), enacted June 25, 2022, expanded the definition of engaging in the business of firearms dealing to cover all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominately earn a profit through the repetitive purchase and sale of firearms. On March 14, President Biden issued Executive Order 14092, which, among other things, directs the Attorney General to develop and implement a plan to clarify the definition of who is engaged in the business of dealing in firearms and thus required to obtain a federal firearms license. Today’s proposed rule would amend the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations by, among other things, conforming ATF’s regulations to the new BSCA definition and further clarifying the conduct that presumptively requires a license under that revised definition.
“The Bipartisan Safer Communities Act was passed by Congress to reduce gun violence, including by expanding the background checks that keep guns out of the hands of criminals,” said Attorney General Merrick B. Garland. “This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms.”
“An increasing number of individuals engaged in the business of selling firearms for profit have chosen not to register as federal firearms licensees, as required by law,” said ATF Director Steven Dettelbach. “Instead, they have sought to make money through the off-book, illicit sale of firearms. These activities undermine the law, endanger public safety, create significant burdens on law enforcement, and are unfair to the many licensed dealers who make considerable efforts to follow the law. The Gun Control Act’s exceptions to the license requirement exist to allow all law-abiding Americans to exercise their Second Amendment rights – not to facilitate the intentional evasion of the background-check system. This new proposed rule would clarify the circumstances in which a person is ‘engaged in the business’ of dealing in firearms, and thus required to obtain a license and follow the laws Congress has established for firearms dealers.”
Federally licensed firearms dealers are critical partners to federal, state, local, Tribal, and territorial law enforcement in our shared goal of promoting public safety. They help keep firearms out of the hands of prohibited persons by running background checks on potential purchasers; ensure that crime guns can be traced back to their first retail purchaser by keeping records of transactions; and facilitate safe storage of firearms by providing child-safety locks with every transferred handgun and offering customers other secure gun storage options. Unlicensed dealing, however, undermines these public-safety features – which is why Congress has long prohibited engaging in the business of dealing in firearms without the required license.
To increase compliance with the statutes Congress has enacted, the proposed rule identifies examples of conduct that would, in certain circumstances, be presumed to qualify as engaging in the business of dealing in firearms and thus to require a federal firearms license. And, in addition to implementing the revised statutory definition discussed above, the proposed rule would help to clarify the circumstances in which a license is (or is not) required by, among other things, adding a definition of “personal firearms collection” to ensure that genuine hobbyists and collectors may enhance and liquidate their collections without fear of violating the law. The proposed rule would also provide valuable guidance to the community of federal firearms licensees by addressing the lawful ways in which former licensees may liquidate business inventory upon termination of their license and clarifying how a licensee can lawfully transfer a firearm to another licensee.
Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments. The notice of proposed rulemaking submitted by the Department can be viewed here.
Learn more about the rulemaking process here.
Justice Department Enters into a Memorandum of Understanding with the Oklahoma Courts to Resolve Title VI InvestigationRead the Press Release
The Justice Department announced today a Memorandum of Understanding (MOU) with the Oklahoma Supreme Court, Administrative Office of the Courts (AOC) to resolve a civil rights investigation and improve access to Oklahoma state courts for people with limited English proficiency (LEP).
The department received a complaint alleging the Mayes County District Court failed to provide meaningful access for a person with LEP in a family court case. The Justice Department initiated an investigation under Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color and national origin by recipients of federal financial assistance. The Justice Department subsequently paused the Title VI investigation in response to the AOC’s affirmative steps to provide meaningful access for all court users with LEP. Among other actions, the AOC provided interpreter services at no cost to the person with LEP identified in the complaint, hired a language access coordinator, and proposed legislation, which became state law. That law eliminates interpreter fees charged to LEP parties. It also authorized a statewide fund to support court language interpretation and translation services.
“People should not be penalized for their limited English proficiency and should not encounter difficulty in obtaining the language assistance services they need to fairly participate in court proceedings and operations,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement stands as a model for ensuring access to the courts for all people regardless of English proficiency and outlines the actions needed to eliminate barriers for court users with limited English proficiency in Oklahoma.”
“With the new state law and the MOU, Oklahoma has demonstrated a commitment to improving access to justice in our state,” said U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma. “We are committed to working with our state courts to ensure compliance with Title VI and related civil rights laws.”
Under the MOU, the AOC will provide oral and written language assistance services in all civil and criminal proceedings and operations court operations at no cost to individuals with LEP, will develop a statewide language access plan, and will add translations of vital documents. The AOC will also improve its case management system to better track language needs, develop a language access complaint process, create and distribute a translated interpreter services notice for courthouses, and create and issue a video remote interpreter guidance for court staff.
This matter was conducted jointly by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Oklahoma. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report/ or with the U.S. Attorney’s Office for the Northern District of Oklahoma at www.justice.gov/usao-ndok/contact-us.
Justice Department Enters into a Memorandum of Understanding with the Oklahoma Courts to Resolve Title VI InvestigationRead the Press Release
TULSA, Okla. – The Justice Department announced today a Memorandum of Understanding (MOU) with the Oklahoma Supreme Court, Administrative Office of the Courts (AOC) to resolve a civil rights investigation and improve access to Oklahoma state courts for people with limited English proficiency (LEP).
The department received a complaint alleging the Mayes County District Court failed to provide meaningful access for a person with LEP in a family court case. The Justice Department initiated an investigation under Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color and national origin by recipients of federal financial assistance. The Justice Department subsequently paused the Title VI investigation in response to the AOC’s affirmative steps to provide meaningful access for all court users with LEP. Among other actions, the AOC provided interpreter services at no cost to the person with LEP identified in the complaint, hired a language access coordinator, and proposed legislation, which became state law. That law eliminates interpreter fees charged to LEP parties. It also authorized a statewide fund to support court language interpretation and translation services.
“People should not be penalized for their limited English proficiency and should not encounter difficulty in obtaining the language assistance services they need to fairly participate in court proceedings and operations,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement stands as a model for ensuring access to the courts for all people regardless of English proficiency and outlines the actions needed to eliminate barriers for court users with limited English proficiency in Oklahoma.”
“With the new state law and the MOU, Oklahoma has demonstrated a commitment to improving access to justice in our state,” said U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma. “We are committed to working with our state courts to ensure compliance with Title VI and related civil rights laws.”
Under the MOU, the AOC will provide oral and written language assistance services in all civil and criminal proceedings and operations court operations at no cost to individuals with LEP, will develop a statewide language access plan, and will add translations of vital documents. The AOC will also improve its case management system to better track language needs, develop a language access complaint process, create, and distribute a translated interpreter services notice for courthouses, and create and issue a video remote interpreter guidance for court staff.
This matter was conducted jointly by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Oklahoma (USAOKN). Assistant U.S. Attorney Marianne Hardcastle handled the case for USAOKN.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report/ or with the U.S. Attorney’s Office for the Northern District of Oklahoma at www.justice.gov/usao-ndok/contact-us.
2023_mou_doj_okaoc.executed_for_8_31_23.pdf [PDF, 417 KB]
Joshua Pincoske Sentenced to 25 Years of Imprisonment for Production and Possession of Child Sexual Abuse MaterialsRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Joshua Pincoske, 48, of Concord, New Hampshire, was sentenced today in United States District Court in Concord, New Hampshire to 25 years of imprisonment for the production of child sexual abuse materials (also referred to as child pornography) and possession of child sexual abuse materials. U.S. District Judge Joseph N. Laplante also ordered that Pincoske serve a 10-year term of supervised release after his release from the Bureau of Prisons. Pincoske will be required to register as a sex offender for life.
According to court records, on February 2, 2022, law enforcement executed search warrants authorizing the searches of Pincoske’s residence, his vehicle, and his person after reports that Pincoske had paid two female minors to engage in sexual contact with him. During the execution of the search warrants, law enforcement seized a number of electronic devices, including Pincoske’s cellular phones. Examinations of the contents of Pincoske’s cellular phones revealed numerous visual depictions of minor females engaged in sexually explicit conduct. The investigation identified seven minor victims who were sexually exploited by Pincoske between 2017 and 2021, including children in New Hampshire, Massachusetts, and Vermont.
In imposing the sentence, Judge Laplante identified as aggravating factors warranting a lengthy sentence the derogatory statements Pincoske made to victims during the sexual abuse, which were captured by video recordings Pincoske created. Judge Laplante also noted the abuse of trust and authority by Pincoske, who at the time of his criminal conduct was active in coaching and mentoring youth basketball players in the Concord area. Pincoske initially encountered some victims during his involvements with youth basketball.
The resolution of Pincoske’s federal charges occurs in conjunction with coordinated resolutions concerning matters pending before New Hampshire state courts in Merrimack and Strafford Counties. Those resolutions are the subject of separate agreements with the prosecutors in those jurisdictions.
United States Attorney Nikolas P. Kerest stated, “The pattern of predatory victimization of vulnerable children by defendant Pincoske occurred over a lengthy period of time, warranting the significant sentence imposed by the Court. I greatly appreciate the thorough investigatory efforts of the Concord Police Department and the Farmington Police Department.” United States Attorney Kerest also thanked the County Attorney for Merrimack County, the New Hampshire Internet Crimes Against Children Task Force, the Merrimack County Child Advocacy Center, the Yarmouth, Massachusetts, Police Department, the Bangor, Maine, Police Department, the El Dorado, Kansas, Police Department, and the United States Secret Service for their vital assistance.
“The Concord Police Department believes today’s sentence of Joshua Pincoske does not erase the harm he inflicted upon his victims,” stated Deputy Chief John Thomas, “but it does ensure that others will be protected from his abuse. The sexual exploitation of children by predators like Joshua Pincoske requires decisive action, which is why the Concord Police Department acted so quickly in this case. Thanks to the tireless efforts of a collaborative group of law enforcement professionals and the bravery of those who came forward, he faces a long sentence in federal prison.”
The United States Attorney for the District of Vermont has been appointed to handle this prosecution under the authority described in 28 U.S.C. § 515. The prosecutors assigned to the matter were Jonathan A. Ophardt and Corinne M. Smith, Assistant United States Attorneys for the District of Vermont. Pincoske was represented by Assistant Federal Public Defender Behzad Mirhashem.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jackson Man Sentenced to over Four Years in Prison for Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 51 months in federal prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Theophilus Smith, 23, was found to be in possession of a firearm after the Byram and Clinton Police Departments executed a search warrant at a residence in Jackson. While executing the search warrant, three firearms belonging to Smith were located inside the residence. Smith has a prior felony conviction and is therefore prohibited from possessing a firearm.
Smith was indicted by a federal grand jury and he pled guilty on May 31, 2023 to possession of a firearm by a convicted felon.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Jessica S. Terrill and Matt Allen.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
Hope Man Sentenced to More Than 17 Years in Federal Prison for Drug TraffickingRead the Press Release
HOT SPRINGS – A Hope, Arkansas man was sentenced yesterday to 210 months in prison followed by 4 years of supervised release on one count of Possession of More Than Five (5) Grams of Methamphetamine with the Intent to Distribute. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the U.S. District Court in Hot Springs.
According to court documents, Kaiven Wesley, age 42, was identified by law enforcement to be part of a Drug Trafficking Organization (DTO) distributing methamphetamine in the Malvern, Arkansas, geographical area. The Drug Trafficking Organization was led by Jedadire Leshawn Nellums, age 46, who was sentenced to 240 months in federal prison in May of 2023.
On August 17, 2020, searches were conducted at multiple properties associated with the Nellums’ DTO, resulting in investigators locating and seizing over 1,400 grams of pure methamphetamine. Additionally, Wesley was arrested on that same date and found to be in possession of an additional 49.04 grams of pure methamphetamine.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Drug Enforcement Administration investigated the case.
Assistant U.S. Attorney Bryan Achorn prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov.
Grimes county man convicted of running fake raffle for exotic carRead the Press Release
HOUSTON - A 48-year-old Iola resident has pleaded guilty to interstate transportation of waging paraphernalia, announced U.S. Attorney Alamdar S. Hamdani.
Marcos Trevino admitted to operating a raffle that offered a chance to win a limited edition Dodge Challenger SRT Demon automobile from 2018 to 2022. He promoted it throughout the United States on various websites, social media and at auto shows. The raffle’s website made it appear as though the participant was not purchasing a ticket. They were supposedly getting a koozie which, in turn, would grant them one entry for the drawing. The total cost of each of the beverage holders was $105.
The rules claimed no purchase was necessary and that a purchase would not improve chance of winning. However, there was no alternate means of entry other than the purchase of the koozie.
Despite the raffle being in existence for almost four years, there was no drawing or receipt of prizes by any participants. No one has ever received a koozie. Trevino still had the Dodge Demon on his property at the time of his arrest. According to the website, total ticket sales reached 765 (resulting in funds totaling $80,325).
Such a raffle is illegal for to conduct for various reasons. A charitable organization does not run it, there was no date was set for the drawing, there was no end date, proceeds were not spent on a lawful purpose, and it included statewide and interstate advertising.
In addition, although the website claimed that a money back guarantee, there was no method described for a participant to get his/her money back.
U.S. District Judge Alfred Bennett accepted the plea and set sentencing for Dec. 7. At that time, Lopez faces up to five years in federal prison as well as a possible $250,000 maximum fine. He could also be ordered to forfeit the earnings from the raffle and provide restitution to the participants.
Previously released on bond, Trevino was permitted to remain on bond pending that hearing.
The FBI conducted the investigation. Assistant U.S. Attorney Adam L. Goldman is prosecuting the case.
Green Bay Pastor Pleads Guilty to Online Crime Targeting a Venezuelan ChildRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on August 31, 2023, Cory J. Herthel (age: 40) of Green Bay, Wisconsin, pled guilty to attempted sexual exploitation of a minor, in violation of Title 18, United States Code, Section 2251(a).
Herthel will receive a federal prison sentence of at least 15 years when he is sentenced on December 4, 2023. He will also be required to register as a sexual offender under state and federal law.
According to a plea agreement filed in the case, in May of 2023, the Federal Bureau of Investigation (FBI) was contacted by the church where Herthel was employed as a pastor regarding information it had obtained indicating that Herthel possibly had been involved in an inappropriate sexual relationship with a minor living in Venezuela. An ensuing investigation revealed that Herthel sent the child videos of himself masturbating, and at Herthel’s request, the minor sent similar videos and images to the pastor.
Herthel acknowledged knowing the minor from a mission trip he had taken to Ecuador, where he met the child begging on the streets. The child and the child’s mother had returned to their native Venezuela, and Herthel kept in touch with the child. Herthel was confronted with images of him masturbating and acknowledged sending the videos to the child whom he knew to be a minor. Herthel was also asked about sexually explicit images and masturbation videos that the child sent him. He acknowledged asking the child for the images and videos. He also acknowledged sending the child monetary payments via various online applications.
This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Green Bay and Milwaukee offices of the Federal Bureau of Investigation (FBI) with the assistance of the Green Bay Police Department. It is being prosecuted by Assistant United States Attorney Daniel R. Humble.
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Georgia Owner of Long-Term Care Facilities Pleads Guilty to Attempting to Obstruct IRSRead the Press Release
A Georgia man pleaded guilty today to seeking to obstruct the IRS in its efforts to collect employment taxes and related penalties.
According to court documents and statements made in court, from at least 2003, Douglas K. Mittleider of Adairsville, Georgia, operated long-term care facilities throughout the United States and was responsible for paying to the IRS the federal income and Social Security and Medicare taxes withheld from employees’ wages. In June 2004, the IRS assessed against him personally the employment taxes Mittleider had not paid – also known as the Trust Fund Recovery Penalty. Beginning in at least November 2011, Mittleider took multiple steps to conceal business funds and impede the IRS’s ability to collect his outstanding tax liability. Among other things, Mittleider directed the commingling of funds among businesses he controlled and used funds for purposes other than to pay the IRS. Mittleider also caused the creation of new operating companies and bank accounts to make it more difficult for the IRS to locate assets and levy accounts. In total, Mittleider’s conduct caused a tax loss to the IRS of more than $9.5 million.
Mittleider is scheduled to be sentenced on Dec. 4. He faces a maximum penalty of three years in prison, a term of supervised release, monetary penalties, and restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Senior Litigation Counsel Sean Beaty and Trial Attorneys Ashley Stein and Andres Chinchilla of the Tax Division are prosecuting the case.
Franklin Man Indicted for Threatening to Kill a U.S. SenatorRead the Press Release
CONCORD – A Franklin man has been indicted for threatening to kill a United States Senator, U.S. Attorney Jane E. Young announces.
Brian Landry, 67, was charged with threatening to assault, kidnap or murder a United States official in connection with the official’s performance of official duties and with transmitting a threat in interstate commerce. Landry was originally arrested by complaint on June 2, 2023. He is scheduled for an initial appearance in federal court on September 14, 2023.
According to the charging documents, Landry called a district field office of a United States Senator on May 17, 2023 and left a voicemail, stating:
“Hey stupid. I’m a veteran sniper. And unless you change your ways, I got my scope pointed in your direction and I’m coming to get you. You’re a dead man walking, you piece of f*****g sh*t.”
Investigators identified the phone call as coming from a number associated with Landry. When they interviewed Landry, he admitted to having called the Senator’s office but did not initially recall exactly what he said in the voicemail.
The charges provide for a sentence of up to 10 years in prison, up to 3 years of supervised release, and a fine 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.
The Federal Bureau of Investigation and the United States Capitol Police led the investigation. Valuable assistance was provided by the New Hampshire State Police, the Franklin Police Department, and the Manchester Police Departments. Assistant U.S. Attorney Charles L. Rombeau is prosecuting the case.
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.
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Four Residents of Pittsburgh Indicted on Charges of Conspiracy, Interstate Transportation of Stolen Motor Vehicles and Possession of Stolen Motor Vehicles in Interstate CommerceRead the Press Release
PITTSBURGH, PA - Four residents of Pittsburgh, have been indicted by a federal grand jury in Pittsburgh on charges of Conspiracy, Interstate Transportation of Stolen Motor Vehicles, and Possession of Stolen Motor Vehicles in Interstate Commerce, United States Attorney Eric G. Olshan announced today.
The five-count Indictment named Jerome O. Hollaman, Jr., age 38; Dewayne Jeffrey Skrine, Jr, age 38; Ebone C. Johnson-Smith, age 42; and Carlos Leon Taylor, age 39, as defendants.
According to the Indictment, from February 3, 2021 to October 7, 2022, the group targeted two high end automobile dealerships in New Jersey and in Georgia where they conspired to steal two luxury cars, a Jaguar and a Lamborghini.
The law provides for a maximum total sentence of 15 years in prison, a fine of $500,000 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 Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Western Regional Auto Theft Task Force and Department of Homeland Security 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.
Former police academy recruit headed to prison for exporting .50 caliber ammunitionRead the Press Release
McALLEN, Texas – A 22-year-old Pharr resident has been ordered to federal prison for his conviction of smuggling goods from the United States, announced U.S. Attorney Alamdar S. Hamdani.
Pedro Cruz Almeida Jr. pleaded guilty April 25, admitting he attempted to export .50 caliber tracer-equipped linked ammunition without a license to export.
U.S. District Judge Micaela Alvarez has now ordered him to serve 50 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard additional evidence regarding Almeida’s degree of involvement in the smuggling scheme and how he executed his role in the scheme while simultaneously attending the police academy. In handing down the sentence, the court noted how Almeida – being from the area – knew the dangerousness of this quantity and this type of ammunition in the hands of the cartel.
“Almeida lived a double life,” said Hamdani. “While training to be a police officer, he attempted to smuggle hundreds of rounds of lethal ammunition into Mexico. That all changed with his arrest and conviction, trading a blue police uniform for a convict’s orange jumpsuit. Criminals like him could have eroded the public trust and we are breathing a sigh of relief that he was stopped before causing more harm.”
On Feb. 3, Almeida was driving a red Hyundai Elantra, at which time authorities conducted a traffic stop.
A subsequent search led to the discovery of 600 rounds of .50 caliber ammunition in the vehicle. Almeida admitted he intended to transfer the ammunition to an individual waiting at the Port of Entry driving a vehicle with a Tamaulipas, Mexico, license plate. In Mexico, he received cash to order the ammunition. Almeida admitted he ordered ammunition approximately 30 occasions over the past year.
On Feb. 9, agents subsequently seized an additional 300 rounds of .50 caliber ammunition postmarked to Almeida.
At the time of the plea, Almeida informed the court he was attending a local police academy at the time of his arrest.
Previously released on bond, he was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation with the assistance of the Hidalgo County Constable’s Office. Assistant U.S. Attorneys Peter I. Brostowin and Lee Fry prosecuted the case.
This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
Former Utah Movie Producer Charged with Tax Evasion and Obstructing IRSRead the Press Release
A federal grand jury in Salt Lake City returned an indictment, unsealed today, charging a Utah man with tax evasion, obstructing the IRS and forcibly retaking property that had been seized by the government to pay his outstanding tax debt.
According to the indictment, Paul Kenneth Cromar owned a home in Cedar Hills, Utah, and operated Blue Moon Productions, LLC, a freelance film and media production company. From 1999 through 2005, Cromar allegedly did not file any federal income tax returns or pay any tax and in 2005, the IRS conducted an audit and assessed him with $703,266.96 in taxes, interest and penalties. After Cromar allegedly failed to make any payments towards his outstanding debt, a federal judge ordered that his home be sold at auction to satisfy his tax obligations. The indictment alleges that Cromar then attempted to stop the sale by filing bogus documents, including a false promissory note, with the IRS, intimidating potential purchasers or investors of the home and attempted to harass IRS personnel by filing frivolous lawsuits against them personally.
The indictment further charges that shortly before the sale closed, Cromar allegedly broke into the home and attempted to reclaim it. With the help of others, he allegedly occupied the home unlawfully for several months, fortifying it with weapons, sandbags and wooden boards tactically placed throughout the house.
Through his criminal conduct, Cromar is alleged to have caused a total tax loss to the IRS of $1,174,201.91.
If convicted, Cromar faces a maximum penalty of five years in prison for tax evasion, three years in prison for corruptly endeavoring to obstruct the IRS and two years in prison for forcibly retaking seized property. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
IRS-Criminal Investigation and the Treasury Inspector General for Tax Administration (TIGTA) are investigating the case. The FBI assisted in locating and apprehending Cromar, who had been a fugitive from justice in a related Utah state court criminal matter since August 2022.
Trial Attorneys Peter J. Anthony and Meredith M. Havekost of the Tax Division and Assistant U.S. Attorney Mark Woolf for the District of Utah are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Sharon Resident Pleads Guilty to Conspiring to Distribute FentanylRead the Press Release
PITTSBURGH, PA – James West pled guilty to conspiring to distribute fentanyl, United States Attorney Eric G. Olshan announced today.
West, age 48, formerly of Sharon, Pennsylvania, pled guilty before United States District Judge Cathy Bissoon. Judge Bissoon scheduled sentencing to occur on January 17, 2024, at 2:15 p.m.
The law provides for a sentence of up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed is to be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller are prosecuting 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 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.
Former Memphis, Tennessee, Police Officer Sentenced for Civil Rights Violation for Assaulting a Man in his CustodyRead the Press Release
A former Memphis Police Department (MPD) officer was sentenced today to 18 months in prison and one year of supervised release for violating an arrestee’s civil rights by using excessive force against him.
According to court documents, Armando Bustamante admitted that, in January 2021, while he was on duty as an MPD officer, he used his service weapon and hands to strike an arrestee in the head without legal justification. The assault caused bodily injury to the man.
“This former Memphis police officer is being held accountable for violently assaulting a man in his custody without any justification,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will aggressively prosecute those law enforcement officers who abuse their authority and violate federal civil rights laws.”
“Public trust in law enforcement is essential to public safety,” said U.S. Attorney Kevin Ritz for the Western District of Tennessee. “When an officer violates that trust, it makes policing less effective and far more dangerous for both officers and average citizens. We will continue to work with our partners in local and state law enforcement to root out those who violate public trust and endanger those they’ve sworn to protect.”
“Today’s sentencing highlights that law enforcement officers who abuse their authority and deny an individual their civil rights will be held accountable,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our partners will continue working together to uncover any violation of civil rights and pursue justice for victims in these cases.”
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and former Trial Attorney Nikhil Ramnaney of the Civil Rights Division’s Criminal Section prosecuted the case.
Former MBTA Transit Police Officer Indicted for False Reports Related to Assault at MBTA StationRead the Press Release
BOSTON – A former Sergeant with the Massachusetts Bay Transportation Authority (MBTA) Transit Police Department (Transit Police) was arrested today in connection with the alleged filing of false reports regarding another Transit Police Officer’s assault on a man at the Ashmont MBTA Station.
David S. Finnerty, 47, of Rutland, was indicted on two counts of false reports. Finnerty was arrested this morning and will appear in federal court in Boston later today.
“Our office holds the men and women who wear police uniforms and serve our communities in the highest regard. Instances of police misconduct are rare, but they need to be investigated and prosecuted when they do happen, especially when supervisors are involved as alleged here. For the good of the community and all the honorable officers and supervisors in the police ranks, misconduct of this nature cannot be tolerated. I commend the leadership of the MBTA Transit Police for their sustained cooperation in this investigation,” said Acting United States Attorney Joshua S. Levy.
“Today, the FBI arrested former Transit Police Sgt. David Finnerty for violating his oath by filing false reports to try and obstruct an investigation into another officer’s assault on a man at the MBTA’s Ashmont station. We believe Sgt. Finnerty not only failed to lead by example, but betrayed the trust placed in him by his fellow officers, and the public,” said Jodi Cohen Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Make no mistake, the FBI will do everything we can to help our law enforcement partners bring to justice anyone who violates their oath by trying to cover up civil rights violations, overshadowing the majority of officers who are dedicated, honest, and fully committed to enforcing our laws and building trust within their communities.”
According to the indictment, Finnerty was the Transit Police Officer in Charge and the supervisor of Transit Police Officer D.B. It is alleged that at or around 1:47 a.m. on July 27, 2018 at the Ashmont MBTA station, Officer D.B., while acting in his role as an officer, physically assaulted a man without legal justification. It is alleged that Finnerty falsified an arrest report and a Duty Supervisor/OIC Command Staff shift briefing regarding the incident involving Officer D.B. – specifically, by including false and misleading statements and by omitting material information.
The charge of false reports provides for a sentence of up to 20 years in prison, 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 U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Assistant U.S. Attorneys Kristina E. Barclay and Assistant U.S. Attorney Julien Mundele are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former IRS Employee Pleads Guilty and Is Sentenced on Tax ChargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Lisa Hughes, 52, of Hamburg, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to unauthorized inspection of returns or return information. Judge McCarthy then sentenced Hughes to one year probation and a $1,000 fine.
Assistant U.S. Attorney Douglas A. C. Penrose, who is handling the case, stated that while working as a Case Advocate within the Internal Revenue Service’s Taxpayer Advocate Service, in Buffalo, Hughes would receive calls from Individual 1 and Individual 2, who worked at a local tax preparation firm (Company). Individual 1 and Individual 2 would inquire about returns filed for the Company’s clients. Hughes would then access the returns or other return information in the IRS” Integrated Data Retrieval System (IDRS). Between April 25, 2014, and August 16, 2019, Hughes accessed return information for Company 1 clients on more than 120 occasions. The calls received from Individual 1 and Individual 2 were not part of Hughes’s job responsibilities and she knew that she was not authorized to access the return information in response to these calls. In addition, between 2016 and 2019, Hughes also prepared over 100 tax returns for Company 1 clients, for which she was compensated. For the 2016 to 2018 tax years, Hughes also prepared approximately 250 returns for friends and family, for which she was sometimes compensated. Hughes knew that IRS regulations prohibited her from preparing tax returns for others in return for compensation.
The plea and sentencing are the result of an investigation by the Treasury Inspector General for Tax Administration, under the direction of Special Agent-in-Charge William Kalb.
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Florida Resident Pleads Guilty to Bank FraudRead the Press Release
PITTSBURGH, PA - A resident of New Port Richey, FL, pleaded guilty in federal court to a charge of bank fraud, United States Attorney Eric G. Olshan announced today.
Theodosios K. Moustakopoulos, 41, New Port Richey, FL pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that in October 2016, Moustakopoulos applied for an auto loan from S&T Bank to purchase a Bentley sedan for $174,525.30. According to the allegations, Moustakopoulos made false statements in the loan application.
Judge Bissoon scheduled sentencing for January 17, 2024. The law provides for a total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Moustakopoulos' bond.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and United States Postal Inspection Service conducted the investigation that led to the prosecution of Moustakopoulos.
Federal Jury Convicts Man of Assaulting Girlfriend on the Warm Springs Indian ReservationRead the Press Release
PORTLAND, Ore.—A federal jury in Portland found a Warm Springs, Oregon man guilty today of assaulting his girlfriend and leaving her lying injured in the driveway of her home on the Warm Springs Indian Reservation.
Maron Brent Graybael, Jr., 38, was found guilty of one count of assault resulting in serious bodily injury.
“Domestic violence is a devastating crime that inflicts severe harm on individuals and communities,” said Natalie Wight, U.S. Attorney for the District of Oregon. “Our office remains intently focused on holding abusers accountable for their actions and stopping this violence in our communities.”
“For generations, Native American and Indigenous women have disproportionately been victims of violent crime,” said Kieran L. Ramsey, Special Agent in Charge of the FBI Portland Field Office. “The FBI and Warm Springs Tribal Police, alongside other federal, state, and local partners remain dedicated to working together to investigate the most serious crimes affecting our Tribal communities.”
According to court documents, on May 16, 2023, Graybael Jr. became angry at his girlfriend, grabbed her by her hair, and punched her more than ten times with a closed fist in her abdomen. After the woman fell to the ground, Graybael Jr. kicked her, grabbed her by her hair again, and slammed her head into the ground multiple times. He then left the woman, seriously injured, lying in her driveway, and walked away. After several minutes, the woman called 911 to report her own assault and injuries. Police responded and she was transported to a local hospital.
On June 1, 2023, Graybael Jr. was charged by criminal complaint with assault resulting in serious bodily injury. One week later, on June 7, 2023, a federal grand jury in Portland indicted him on the same charge.
Graybael Jr. faces a maximum sentence of 10 years in prison, a $250,000 fine, and five years of supervised release. He will be sentenced on November 27, 2023, by U.S. District Court Judge Karin J. Immergut.
This case was investigated by the FBI and the Warm Springs Tribal Police Department. It was prosecuted by Pamela Paaso and Suzanne Miles, Assistant U.S. Attorneys for the District of Oregon.
Domestic violence is a serious crime that can include both physical and emotional abuse, and it is frequently hidden from public view. Many survivors suffer in silence, afraid to seek help or not knowing where to turn. The traumatic effects of domestic violence also extend beyond the abused person, impacting family members, friends, and communities.
If you or someone you know are in immediate danger, please call 911.
If you need assistance or know someone who needs help, please contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Many communities throughout the country have also created support networks to assist survivors in the process of recovery.
The StrongHearts Native Helpline offers culturally specific support and advocacy for American Indian and Alaska Native survivors of domestic violence. Please call 1-844-762-8483 or visit www.strongheartshelpline.org for more information.
Fayette County Woman Sentenced to Prison for Child Sex TraffickingRead the Press Release
CHARLESTON, W.Va. – Kristen Naylor-Legg, 30, of Gauley Bridge, was sentenced today to nine years in prison, to be followed by five years of supervised release, for conspiracy to engage in sex trafficking of a minor under the age of 18. Naylor-Legg must also register as a sex offender.
According to court documents and statements made in court, on two separate occasions in June 2020, Naylor-Legg provided her 17-year-old female relative to Larry Allen Clay Jr., so he could engage in sexual intercourse with the minor. At the time, Clay was an employee of the Fayette County Sheriff’s Department and the Chief of Police for the Gauley Bridge Police Department. Naylor-Legg admitted that on the first occasion she was paid $100 by Clay. On the second occasion, Naylor-Legg indicated that Clay had agreed to pay her $50 in exchange for sexual intercourse with the minor but ultimately did not give her the money.
After four days of trial, a federal jury convicted Clay, 57, of Fayetteville, of conspiracy to engage in sex trafficking of a minor via coercion, sex trafficking of a minor via coercion, and two counts of obstruction of justice. Evidence at trial proved that Clay twice arranged with Naylor-Legg to have sexual intercourse with the minor, sought to persuade Naylor-Legg to lie to law enforcement about the incidents, and also asked a law enforcement officer if his criminal conduct could be covered up.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the West Virginia State Police and the Fayette County Sheriff’s Department.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorneys Jennifer Rada Herrald and Monica D. Coleman prosecuted the case.
Members of the public are urged to report suspected instances of child sex trafficking through a toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) or online at www.ice.gov/tips.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 2:21-cr-62.
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Fashion Designer Extradited from Colombia to the United States and Arraigned on Criminal Charges Related to the Illegal Importation of Caiman and Python SkinRead the Press Release
MIAMI – Gzuniga, Ltd., and its founder, Nancy Teresa Gonzalez de Barberi, 70, were arraigned today on federal charges arising from the illegal importation of merchandise made from wildlife into the United States from Colombia.
The three-count indictment charges Gzuniga, Gonzalez, and two other individuals with one count of conspiracy and two counts of smuggling for repeated illegal importation of designer handbags made from caiman and python skin from February 2016 to April 2019. Both the caiman and python species are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which both the United States and Colombia are signatories. Gonzalez, a citizen of Colombia, was recently extradited to the United States to face the charges brought against her.
According to the indictment, the defendants solicited friends, relatives and employees of Gonzalez’s manufacturing company in Colombia to act as couriers and transport the designer handbags on their person or in their luggage while traveling on passenger airlines. Once the designer handbags were smuggled into the United States, they were delivered or shipped to the Gzuniga showroom in Manhattan, New York, where they were put on display for high-end retailers to view and purchase for re-sale in their stores. The average retail price for these “Nancy Gonzalez” brand handbags was over $2,000.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Stephen Clark for the U.S. Fish & Wildlife Service (USFWS) Office of Law Enforcement, Southeast Region, made the announcement.
The USFWS Office of Law Enforcement in Valley Stream, New York conducted the investigation. The Justice Department’s Office of International Affairs and the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attaché Office in Bogotá, Colombia provided valuable assistance with securing the arrest and extradition of Gonzalez de Barberi. The U.S. Marshals Service (USMS) was instrumental in supporting the case. The United States also thanks Colombian law enforcement authorities for their valuable assistance and close collaboration and partnership.
The case is being prosecuted by Senior Trial Attorney R.J. Powers of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Tom Watts-FitzGerald for the Southern District of Florida.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-20170-CR.
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El Departamento de Justicia llega a un acuerdo con Georgia Tech para resolver acusaciones de discriminación relacionada con la inmigración en conexión con su plataforma de reclutamientoRead the Press Release
El Departamento de Justicia ha llegado a un acuerdo hoy con Georgia Institute of Technology (Georgia Tech), una universidad pública sin ánimo de lucro que forma parte del sistema universitario de Georgia.
El acuerdo resuelve la determinación del Departamento que Georgia Tech vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al operar una plataforma de reclutamiento de empleo donde empleadores de terceras partes pagaron por publicar anuncios asociados con sus ferias de carreras que excluyeron, de manera ilícita, a ciertos no ciudadanos de los EE. UU. y limitó las oportunidades de reclutamiento para ciertos estudiantes no ciudadanos de los EE. UU. con base en su estatus de ciudadanía.
«Las instituciones de educación superior de nuestra nación deben garantizar que sus plataformas de reclutamiento no promuevan, faciliten o permiten la discriminación ilícita por motivos de ciudadanía», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia hará cumplir con firmeza el mandato no discriminatorio de la ley de Inmigración y Nacionalidad con el fin de garantizar que se trate de manera justa a los estudiantes universitarios y que tengan la igualdad de oportunidades para competer para prácticas y trabajos».
La investigación del Departamento comenzó después de que un estudiante en Georgia Tech, que era residente permanente legal, presentó una queja de discriminación ante la División de Derechos Civiles. El estudiante alegó que un banco anunció unas prácticas solamente para ciudadanos de los EE. UU. en el sitio web de los servicios de carreras profesionales de Georgia Tech. Tras investigar la queja del estudiante, el Departamento encontró anuncios discriminatorios ilegales adicionales en la plataforma de reclutamiento de empleo que desalentaron a ciertos no ciudadanos de los EE. UU. de solicitar un puesto o restringieron su acceso por completo. La investigación del Departamento también reveló que Georgia Tech, de forma rutinaria, permitió a los empleadores prevenir que no ciudadanos de los EE. UU. solicitaran tales puestos mediante su plataforma.
Conforme el acuerdo conciliatorio, Georgia Tech pagará una sanción civil de $500,000 a los Estados Unidos, cambiará sus prácticas de reclutamiento y revisará sus políticas con el fin de promover el cumplimiento con la INA. Por otra parte, Georgia Tech deberá asegurar que cierto personal de servicios de carreras profesionales en sus programas de grado y posgrado sea capacitado en cuanto a la disposición antidiscriminatoria de la INA.
A lo largo de los últimos 14 meses, el Departamento ha logrado obtener más de $1.6 millones en total por concepto de sanciones civiles de 30 empleadores que usaron la plataforma de reclutamiento de Georgia Tech para publicar anuncios de trabajo que, de manera ilícita, excluyeron a ciertos no ciudadanos de los EE. UU. que se encuentran en condiciones de igualdad con ciudadanos estadounidenses en lo que se refiere a su permiso para trabajar, tales como residentes permanentes legales, refugiados y aquellos a los que el gobierno federal ha concedido el asilo.
El 16 de junio del 2022, el Departamento llegó a un acuerdo con 16 empleadores; el 21 de septiembre del 2022, el Departamento llegó a un acuerdo con cuatro empleadores; y el 23 de mayo del 2023, el Departamento llegó a un acuerdo con otros diez empleadores adicionales.
Este acuerdo es otro ejemplo de los esfuerzos de la División de Derechos Civiles por abordar el impacto en los derechos civiles que tienen las plataformas automatizadas, en concreto aquellas que proveen a los usuarios con herramientas y filtros que permiten restricciones ilegales. El 25 de abril del 2023, la División de Derechos Civiles publicó una declaración conjunta con otras agencias federales que resaltó su compromiso de proteger a los individuos en lo que se refiere a la inteligencia artificial y sistemas automatizados (AI) que pueden afectar los derechos civiles de las personas, así como la igualdad de oportunidades.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Hay más información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación en los procesos de contratación y reclutamiento. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea en vivo o vea una presentación a la carta; envíe un correo electrónico a IER@usdoj.gov; o visite los sitios web de la IER en inglés y español. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
El Departamento de Justicia firma un Memorando de Entendimiento con los tribunales de Oklahoma para resolver una investigación en virtud del Título VIRead the Press Release
Nota: Este comunicado de prensa ha sido traducido a varios idiomas. Vea las traducciones a continuación.
El Departamento de Justicia anunció hoy un Memorando de Entendimiento (MOU, por sus siglas en inglés) con la Oficina Administrativa de los Tribunales (AOC, por sus siglas en inglés) del Tribunal Supremo de Oklahoma para resolver una investigación de derechos civiles y mejorar el acceso a los tribunales estatales de Oklahoma para las personas con dominio limitado del inglés (LEP, por sus siglas en inglés).
El departamento recibió una queja alegando que el Tribunal de Distrito del Condado de Mayes no le proporcionó un acceso significativo a una persona con LEP en un caso de tribunal de familia. El Departamento de Justicia emprendió una investigación en virtud del Título VI de la Ley de Derechos Civiles de 1964 (Título VI), que prohíbe la discriminación por motivos de raza, color de piel y nacionalidad de origen por parte de los beneficiarios de asistencia financiera federal. Posteriormente, el Departamento de Justicia puso en pausa la investigación en virtud del Título VI en respuesta a las medidas positivas adoptadas por la AOC para proporcionar un acceso significativo a todos los usuarios de los tribunales con LEP. Entre otras medidas, la AOC proporcionó servicios de interpretación gratuitos a la persona con LEP identificada en la queja, contrató a un coordinador de acceso lingüístico y propuso legislación, que se convirtió en ley estatal. Dicha ley elimina los honorarios de intérprete cobrados a las partes con LEP. También autorizó la creación de un fondo estatal para financiar los servicios de traducción e interpretación de los tribunales.
«Las personas no deben ser penalizadas por su limitado dominio del inglés y no deben encontrar dificultades para obtener los servicios de asistencia lingüística que necesitan para participar equitativamente en los procedimientos y operaciones judiciales», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Este acuerdo se erige como un modelo para garantizarles acceso a los tribunales a todas las personas, independientemente de su dominio del inglés, y esboza las acciones necesarias para eliminar las barreras para los usuarios de los tribunales con un dominio limitado del inglés en Oklahoma».
«Con la nueva ley estatal y el Memorando de Entendimiento, Oklahoma ha demostrado su compromiso con mejorar el acceso a la justicia en nuestro estado», afirmó Clinton J. Johnson, el Fiscal Federal del Distrito Norte de Oklahoma. «Estamos comprometidos a trabajar con nuestros tribunales estatales para garantizar el cumplimiento del Título VI y las leyes de derechos civiles afines».
En virtud del Memorando de Entendimiento, la AOC prestará servicios de asistencia lingüística oral y escrita en todos los procedimientos civiles y penales, y en las operaciones de los tribunales sin costo alguno para las personas con LEP, elaborará un plan de acceso lingüístico a escala estatal y añadirá traducciones de documentos vitales. La AOC también mejorará su sistema de gestión de casos para hacer un mejor seguimiento de las necesidades lingüísticas, desarrollará un proceso de quejas sobre acceso lingüístico, creará y distribuirá un aviso de servicios de interpretación traducido para los juzgados, y creará y publicará un vídeo de orientación sobre interpretación a distancia para el personal de los tribunales.
Este asunto fue llevado a cabo conjuntamente por abogados de la División de Derechos Civiles y de la Oficina de la Fiscalía del Distrito Norte de Oklahoma. Hay información adicional disponible sobre la División de Derechos Civiles en su sitio web en www.justice.gov/crt, y hay información disponible sobre el dominio limitado del inglés y el Título VI en www.lep.gov. El público en general puede denunciar posibles violaciones de los derechos civiles en www.civilrights.justice.gov/report/ o ante la Oficina de la Fiscalía del Distrito Norte de Oklahoma en www.justice.gov/usao-ndok/contact-us.
Drug Dealer Who Distributed Methamphetamine on Hopi Reservation Sentenced to Three Years in PrisonRead the Press Release
PHOENIX, Ariz. – Vanessa Rene Dundon (a.k.a. Sioux Z, a.k.a. Suzie Q), 38, of Indian Wells, Arizona, was sentenced last week by United States District Judge Diane J. Humetewa to three years in prison, followed by three years of supervised release. As a condition of her supervised release, Dundon cannot travel to, or be on, the Hopi Reservation. Dundon pleaded guilty to Possession with Intent to Distribute Methamphetamine.
“Drug trafficking causes particular harm for tribal communities,” said United States Attorney Gary Restaino. “The exclusion of defendant from the Hopi Reservation is an additional tool to prevent future harm, and an extra measure of protection for Hopi villages.”
Dundon was stopped in her vehicle on the Hopi Reservation in April 2021, March 2022, and April 2022. On each occasion, she had controlled substances in her vehicle. At the change of plea hearing, Dundon admitted that on April 17, 2022, she possessed 58.4 grams of pure methamphetamine and that she intended to deliver it to other individuals in exchange for payment.
The Federal Bureau of Investigation, Phoenix Field Office, and Hopi Law Enforcement Services conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-08043-PCT-DJH
RELEASE NUMBER: 2023-128_Dundon# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Dominican Republic Nationals Plead Guilty to Possession of 619 Kilograms of CocaineRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Dennito Montero-Felix, 48, and Fernandito Michel-Gomez, 56, both of the Dominican Republic, pleaded guilty before Magistrate Judge Emile A. Henderson, III, to Conspiracy to Possess Cocaine with Intent to Distribute While on Board a Vessel Subject to the Jurisdiction of the United States. Michel-Gomez is scheduled for sentencing on December 14, 2023. Sentencing for Montero-Felix is scheduled for December 20, 2023. Each faces a maximum term of incarceration of up to 20 years. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to court documents, on April 12, 2023, while on routine patrol, a maritime patrol aircraft located a go-fast vessel in international waters approximately 71 nautical miles south of the Dominican Republic. The vessel had three occupants onboard and was equipped with two outboard engines, excessive fuel barrels, and large packages were visible on deck. A U.S. Coast Guard Cutter later intercepted the vessel and took the occupants into custody. Neither occupant claimed a nationality for the flagless vessel. The vessel was therefore subject to the jurisdiction of the United States. On board the flagless vessel, Coast Guard Officers discovered approximately 619 kilograms of cocaine.
This case was investigated by the United States Coast Guard, Homeland Security Investigations and Drug Enforcement Administration and prosecuted by Assistant United States Attorney Daniel H. Huston. 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.
DOJ and DEA settle claims that Naturopath improperly prescribed scheduled drugsRead the Press Release
Seattle – The U.S. Department of Justice and the Drug Enforcement Administration (DEA) today settled civil claims that a Seattle Naturopathic Physician had prescribed drugs outside her limited authority, announced Acting U.S. Attorney Tessa M. Gorman. Marina (aka Marianna) Abrams, N.D. will pay the government $65,000 to resolve the allegations and entered into a four-year Memorandum of Agreement (MOA) which gives the DEA the ability to ensure Abrams’s prescribing practices are in compliance with the Controlled Substance Act.
According to the statement of facts in the settlement agreement, between 2009 and 2021, Abrams wrote 209 controlled substance prescriptions that were outside the scope of what a Naturopathic Physician can provide. Abrams wrote an additional 204 prescriptions to be filled in California, despite the fact that she had no DEA registration to write prescriptions in that state. The settlement indicates that she prescribed controlled substances such as Alprazolam, Lorazepam, Zolpidem, Tramadol, and Diazepam.
“The DEA remains vigilant in order to ensure the proper use of practitioners’ prescribing authority and this result further demonstrates our commitment to safeguard the public from a broad spectrum of potential drug threats,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division.
With the settlement agreement, Abrams agrees she will limit her prescribing of controlled substances to the only two controlled substances naturopathic doctors are permitted to prescribe by Washington state law: testosterone and codeine products.
As part of the MOA, Abrams will also take steps to more clearly document in patient files where she has consulted medical doctors. She will ensure that all literature and websites related to her practice do not imply she is a medical doctor. Abrams agrees to ensure her staff does not sign or write prescriptions or prescription refills using her DEA registration number. If she changes her practice area or employment, she must notify DEA.
If Abrams fails to follow the MOA or violates the law regarding the prescribing of controlled substances, DEA may revoke her registration.
The matter was investigated by the DEA Diversion Program.
The settlement was negotiated by Assistant United States Attorney Matt Waldrop.
Convicted Felon Sentenced to More Than 7 Years in Federal Prison for Firearms PossessionRead the Press Release
HOT SPRINGS – A Hot Springs man was sentenced yesterday to 90 months in federal prison followed by three years of supervised release on one count of being a Felon in Possession of a Firearm. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to court documents, on or about July 11, 2021, officers with the Hot Springs Police Department were dispatched to a residential neighborhood after receiving a report of a drive-by shooting on a residence. Shortly after arrival to the area, Steven D. Young, age 41, arrived at the residence demanding to know who shot up his house.
As Young excited his vehicle, officers observed a .45 caliber handgun in the driver’s side floorboard. Young was subsequently arrested. The firearm was seized and determined to be loaded with live rounds of ammunition and to have previously been reported stolen. Investigating officers determined Young was a felon and prohibited from possessing firearms.
A Special Agent with the Bureau of Alcohol, Tobacco & Firearms (ATF) confirmed that the firearm was manufactured outside the State of Arkansas and, thus, had traveled in interstate commerce.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Hot Springs Police Department and the ATF investigated the case.
Assistant U.S. Attorney Bryan Achorn prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Co-Owner of Media Brokerage Firm Pleads Guilty to Filing a False Tax ReturnRead the Press Release
A former Maryland woman pleaded guilty today to filing a false tax return.
According to court documents and statements made in court, Susan K. Patrick, now a resident of Cody, Wyoming, co-owned a media brokerage firm with her husband and hired an accounting firm to prepare business and personal tax returns for 2012 through 2014. Despite receiving the completed and accurate tax returns from the accounting firm, Patrick did not file them with the IRS. After the IRS contacted Patrick and requested that she file the unfiled returns, Patrick lied to the IRS, claiming that her accounting firm had timely filed the returns and that she would provide copies of those returns.
Patrick did not provide copies of the accurate returns that had in fact been prepared by her accounting firm. Instead, Patrick doctored the business returns, removing $10,000,000 in gross receipts earned by her brokerage firm, and altered the personal returns by removing over $9,500,000 in income that she and her husband had earned from 2012 through 2014. Patrick also falsely backdated her signature on each tax return to make it appear as if the returns had been timely signed and mailed these falsely doctored documents to the IRS, hoping to evade paying the full amount of taxes she owed.
In addition, Patrick failed to timely file business and individual returns for 2015, which she had also hired the accounting firm to prepare, nor did she pay the tax due and owing for the individual return.
In total, Patrick sought to evade more than $2,500,000 in taxes.
Patrick faces a maximum statutory penalty of three years in prison. She also faces a term of supervised release, monetary penalties, and restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Thomas F. Koelbl and Trial Attorney Matthew L. Cofer of the Tax Division are prosecuting the case.
Claremore Man Sentenced for DomesticRead the Press Release
TULSA Okla. – A Claremore man was sentenced to 33 months in prison for assault with a dangerous weapon with intent to do bodily harm in Indian Country and assault by beating, striking, and wounding, announced U.S. Attorney Clint Johnson.
U.S. District Judge Keith Starrett sentenced Robert Ross Patton Jr., 47, of Claremore to 33 months in federal prison for assault with a dangerous weapon and 12 months for assault by beating, striking, and wounding. The sentences are to run concurrently and will be followed by 3 years of supervised release.
During his allocution, the defendant told the Judge, “I’m sorry I did it.”
Judge Starrett in addressing the defendant acknowledged that he heard him, but told the defendant, “What happened was terrible and you have a price to pay.”
Patton violently attacked his girlfriend, pulled a knife on her, threatened to kill her, and stabbed at her head and neck multiple times. Patton then stabbed the knife into the wall, dragged the victim to the bathroom, repeatedly banged her head into the tub and punched her in the face. Patton further told the victim that she “needed to get into the tub so that when he killed her, she would not get blood all over the house,” and that “she was not leaving there alive.”
While his case was pending, Patton cut off his ankle monitor and fled the state. When he ran out of money, he called his parents and asked them to come pick him up in Arkansas. When law enforcement located him at his parent’s residence, he fled into the woods where he hid out for over 24 hours before a concerned citizen called the police. He was apprehended and on April 4, 2023, Patton pled guilty and admitted to assaulting the victim.
Patton has been and will remain in the custody of the U.S. Marshall pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Rogers County Sheriff’s Office and the FBI investigated the case.
Assistant U.S. Attorney Steven Briden prosecuted the case.