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14 August 2023
Great Falls man charged with threats to federal officer, firearms crimesRead the Press Release
GREAT FALLS — A Great Falls man appeared in federal court today on charges of making threats to a federal agent and illegal possession of firearms after law enforcement officers arrested him earlier in the day, U.S. Attorney Jesse Laslovich said.
Paul J. Valenzuela, 55, appeared for an initial appearance on a criminal complaint charging him with threats to a federal official and felon in possession of a firearm. If convicted of the most serious crime, Valenzuela faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. Valenzuela was detained pending further proceedings.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that Valenzuela, who has felony convictions, illegally possessed a firearm, and that on Aug. 7, he made threats to an FBI officer in text messages in which he which he refers to having access to firearms and stated, “Shoot at me I shoot back.”
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case. The FBI conducted the investigation.
PACER case reference. 23-72.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl
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Georgetown Restauranteurs Plead Guilty to Tax Offenses and Theft of COVID Relief FundsRead the Press Release
The Defendants evaded more than $1.35M in Taxes and Spent more than $738K in COVID Relief Funds on a Waterfront Condo, Personal Investments, Vacation, and College Tuition
WASHINGTON – Gholam “Tony” Kowkabi, 63, and Karen Kowkabi, 64, of Vienna, Virginia, pleaded guilty in federal court today to tax offenses relating to their failure to pay more than $1.35 million in taxes, arising from their operation of several restaurants in the Washington, D.C. area. Gholam Kowkabi also pleaded guilty to stealing more than $738,000 from the emergency small business relief funds his Georgetown restaurant—Ristorante Piccolo—received during the COVID pandemic. As part of his plea, Mr. Kowkabi acknowledged having spent money, which was intended to help his business, on a waterfront condo in Ocean City, Maryland, as well as personal investments, vacations for his family, and college tuition for his child.
The announcement was made by U.S. Attorney Matthew M. Graves, Acting Deputy Assistant Attorney General Stuart M. Goldberg, of the Justice Department’s Tax Division, and Acting Special Agent in Charge Kareem Carter of the Internal Revenue Service (IRS)-Criminal Investigation, Washington, D.C. Field Office.
“This defendant robbed a program intended to help fellow restauranteurs and other small business owners who were struggling to stay afloat amid the devastating economic impacts of the COVID-19 pandemic,” said U.S. Attorney Graves. “He also created an elaborate scheme to hide assets and play a shell game with the IRS so he could avoid paying the more than one million dollars in taxes that he and his business owed. Our Office will continue to vigorously prosecute such frauds."
“Tax evasion and misappropriation of COVID-19 relief funds undermine the integrity of our tax system and harm honest taxpayers,” said Acting Special Agent in Charge Kareem Carter of the Washington D.C. Field Office. “IRS Criminal Investigation remains steadfast in its commitment to upholding tax compliance and pursuing those who attempt to evade their tax responsibilities.”
Gholam Kowkabi pleaded guilty in the U.S. District Court for the District of Columbia to wire fraud and tax evasion. Wire fraud carries a statutory penalty of 20 years and financial penalties. Tax evasion carries a statutory penalty of five years and financial penalties.
Karen Kowkabi pleaded guilty in the U.S. District Court for the District of Columbia to five counts of willfully failing to pay taxes. Failing to pay tax carries a statutory penalty of one year and financial penalties.
Sentencing hearings are scheduled for December 1, 2023. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Tax Evasion Scheme
According to the statements of offense submitted to the Court and admitted by Gholam Kowkabi and Karen Kowkabi, the Kowkabis have owned and operated Ristorante Piccolo in Georgetown since 1986. The Kowkabis also owned and operated restaurants Catch 15 and Tuscana West in Washington, D.C. From 1998 to 2018, the Kowkabis amassed an unpaid tax balance of $1,351,038.51, including federal income and employment taxes and Trust Fund Recovery Penalties. Gholam Kowkabi admitted to willfully attempting to evade payment of those taxes by concealing assets and obscuring the large sums of money he took from the businesses by, among others, purchasing property in the name of a nominee entity and causing false entries in the businesses’ books and records to hide personal purchases using business bank accounts. Karen Kowkabi admitted that she willfully failed to pay these taxes as well.
Gholam and Karen Kowkabi have agreed to pay $1,351,038.51 in restitution to the IRS.
The Scheme to Steal COVID-19 Relief Funds
Further, from May 13, 2020, to July 27, 2021, Gholam Kowkabi obtained more than more than $1.6 million in COVID-19 relief funds including $474,000 from first draw and second draw Paycheck Protection Program (PPP) loans, an Economic Injury Disaster Loan (EIDL) for $499,900 and a Restaurant Revitalization Fund (RRF) grant for $631,823.28.
First Draw PPP loans could be used to help fund payroll costs, including benefits, and could also be used to pay for mortgage interest, rent, utilities, worker protection costs related to COVID-19, uninsured property damage costs caused by looting or vandalism during 2020, and certain supplier costs and expenses for operations. Second Draw PPP loans could be used to help fund payroll costs, including benefits. Second Draw PPP loan funds could also be used to pay for mortgage interest, rent, utilities, worker protection costs related to COVID-19, uninsured property damage costs caused by looting or vandalism during 2020, and certain supplier costs and expenses for operations. EIDL loan proceeds could be used for working capital to make regular payments for operating expenses, including payroll, rent/mortgage, utilities, and other ordinary business expenses, and to pay business debt. Restaurant Revitalization Funds could be used for specific expenses including business payroll costs (including sick leave), payments on any business mortgage obligation, business rent payments (not including prepayment), business debt service (not including prepayment), both principal and interest, business utility payments, business maintenance expenses, construction of outdoor seating, business supplies, business food and beverage expenses, covered supplier costs, business operating expenses.
In these applications and loan agreements, Gholam Kowkabi fraudulently and falsely promised that the PPP, EIDL, and RRF proceeds would be used only for business-related and eligible purposes as specified in the applications. Instead, Gholam Kowkabi used a portion of the PPP funds, EIDL funds, and RRF funds for unauthorized purposes and for his own personal enrichment, including the purchase of a waterfront condo in Ocean City, Maryland for more than $500,000, two joint venture investments totaling more than $237,000 for the construction of homes in Great Falls, Virginia, and more than $78,500 to open Divan Restaurant in McLean, Virginia. Gholam Kowkabi spent more than $11,000 of COVID relief funds on his home mortgage, more than $14,000 on vacations, more than $62,000 on personal legal expenses, more than $20,000 on home improvement, and more than $5,500 on college tuition payments.
Gholam Kowkabi has agreed to pay $738,657.18 in restitution to the SBA. Gholam Kowkabi has agreed to a money judgment in the amount of $738,657.18 and to the forfeiture of the waterfront condo and the two joint ventures funded with COVID-19 relief funds.
In announcing the plea, U.S. Attorney Graves, Acting Deputy Assistant Attorney General Stuart Goldberg, and Acting Special Agent in Charge Carter commended the work of those who investigated the case from IRS-CI. They expressed thanks for assistance provided by the SBA Office of Inspector General during the investigation of this case. This case is being prosecuted by Assistant U.S. Attorney Leslie A. Goemaat of the Fraud, Public Corruption, and Civil Rights Section and Trial Attorney Sarah Ranney of the Department of Justice, Tax Division.
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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, among other methods, 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.
Anyone with information about allegations of fraud related to COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Fresno Men Sentenced to 10 and 17 Years in Prison for Drug Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — Two Fresno residents were sentenced today for gun and drug charges that arose from a long-term investigation that uncovered evidence of a drug trafficking conspiracy, U.S. Attorney Phillip A. Talbert announced.
Maximiliano Wilfrido Rios Ruiz, 27, was sentenced to 10 years in prison for conspiring to distribute and possess with intent to distribute cocaine and possessing a firearm in furtherance of a drug trafficking crime. Pedro Duran, 32, was sentenced to 17 years in prison for possessing with intent to distribute methamphetamine and cocaine.
According to court documents, between February and April 2020, on at least two occasions, Ruiz met with a supplier to obtain cocaine, which Ruiz and his co-conspirator intended to distribute. A search of Ruiz’s residence uncovered a firearm and additional amounts of cocaine.
According to court documents, in April 2020, Duran was identified as a large-scale narcotics trafficker. A search of Duran’s storage unit uncovered 33 pounds of methamphetamine, 3 pounds of cocaine, 3 pounds of fentanyl pills, and over 3 pounds of marijuana. Duran’s residence also contained additional amounts of methamphetamine and cocaine, seven firearms, ammunition, and approximately $8,800 in cash.
These cases were the product of an investigation by the Federal Bureau of Investigation, Homeland Security Investigations, the Fresno County Sheriff’s Office, the Fresno Police Department, the Special Operations Unit of the California Department of Justice and the California Highway Patrol, the California Department of Corrections and Rehabilitation, and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca 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 www.justice.gov/OCDETF.
Four Columbia Men Sentenced to Multi-Year Terms in Federal Prison for Selling Drugs and Guns to Undercover Law Enforcement OfficerRead the Press Release
COLUMBIA, SOUTH CAROLINA — Four Columbia men have been sentenced to federal prison after selling drugs and guns to an undercover law enforcement officer. Evidence presented to the court showed that between January and March of 2020, an undercover agent conducted 13 controlled buys of drugs and guns from the four co-defendants. In total, the undercover officer purchased more than 120 grams of crack cocaine, 66 grams of fentanyl, a small quantity of heroin, and 12 firearms from the group.
Thomas Lee Thompson, Jr., 29, was a source of supply for some of the heroin and fentanyl sold. During one of the controlled buys, on February 12, 2020, Thompson supplied his co-defendant, Gaylon Mareese Green, with a heroin/fentanyl mixture, which Greene then sold to the undercover officer. Thompson pleaded guilty to possession with intent to distribute and distribution of heroin and fentanyl. He was sentenced to 92 months in federal prison, with a 3-year term of court-ordered supervision to follow.
Gaylon Mareese Greene, 51, was the hand-to-hand distributor in all 13 sales. He pleaded guilty to conspiracy to possess with intent to distribute and to distribute heroin, crack cocaine, and fentanyl, and possessing a firearm in furtherance of drug trafficking. He was sentenced to 180 months in prison, with 8 years of court-ordered supervision to follow.
Calvin Lionell Thomas, 40, of Columbia, was the source of supply for more than 80 grams of crack cocaine and a firearm sold to the undercover officer. He pleaded guilty to possession with intent to distribute and distribution of crack cocaine and possessing a firearm in furtherance of drug trafficking. He was sentenced to 120 months in prison, with 5 years of court-ordered supervision to follow.
Quinton Deshawn Howell, 35, of Columbia, was Green’s source of supply for heroin during one controlled buy, negotiating the prices and terms of a future sale. He pleaded guilty to conspiracy to possess with intent to distribute and to distribute heroin and fentanyl and was sentenced to 30 months in prison, with 6 years of supervised release to follow.
United States District Judge Mary Geiger Lewis imposed the sentences. There is no parole in the federal system.
This case was made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
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.
This case was investigated by the Columbia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Katherine Flynn prosecuted the case.
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Former Pittsburgh Resident Sentenced to 80 Months’ Imprisonment for Conviction of Attempted Bank Robbery and Bank RobberyRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, PA, has been sentenced in federal court to 80 months’ imprisonment on his conviction of attempted bank robbery and bank robbery, United States Attorney Eric G. Olshan announced today.
Senior United States District Judge David S. Cercone imposed the sentence on Calvin Leavy, 69.
According to information presented to the court, on January 31, 2022, Leavy attempted to rob the First National Bank, located at 3721 Forbes Avenue, Pittsburgh, PA 15213.
Approximately 12 minutes later, Leavy entered the PNC Bank located at 4600 Fifth Ave, Pittsburgh, PA 15213, wearing the exact same clothing and matching the description of the individual that had attempted to rob the First National Bank. Leavy informed the bank employee, “I have a gun. Give me the money.” Leavy took approximately $1,338 from the PNC. Then, on February 8, 2022, Leavy entered the First National Bank, located at 307 4th Avenue, Pittsburgh, PA 15222, approached the bank employee and stated he had a gun and demanded money. Leavy took approximately $1,238 from the First National Bank. With the assistance of surveillance footage, investigators determined that Leavy used the Port Authority bus to travel to and from each of the bank robberies and used his bus card to pay for the fare. After tracking Leavy’s movements, investigators located Leavy, wearing the same clothing that he wore for the robbery, and arrested him.Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation and City of Pittsburgh Police Department for the investigation leading to the successful prosecution of Leavy.
Former Owner of Argillite Family Care Home Sentenced to 18 Months for Wire FraudRead the Press Release
ASHLAND, Ky. – Donna Sue Glass, 53, of Greenup, Kentucky, was sentenced to 18 months in federal prison on Monday by U.S. District Court Judge David L. Bunning. Glass pleaded guilty to two counts of wire fraud, stemming from her conduct as the owner of the Glass Family Care Home, a now closed family care home located in Argillite, Kentucky.
According to court records, Glass became the guardian over two of her residents and an authorized signor on another’s bank accounts, and, as to all three, misappropriated their money while acting as a guardian or caregiver. According to her plea agreement, from September 2015 to April 2018, Glass used one resident’s bank account to purchase items for her personal benefit, including expenses for personal vacations, her daughter’s beauty pageant competitions, monthly tanning salon memberships, veterinary care for her pets, and other miscellaneous items, using a debit card she had no authority to obtain or use.
In her plea agreement, Glass also agreed that she increased the rent of another resident over whom she had Guardianship, identified in the plea agreement as P.M.J., to an amount well in excess of what P.M.J. could afford. Glass, as P.M.J.’s Guardian, accepted the rate increase to generate a debt P.M.J. would owe to her, and then took funds directly from P.M.J.’s savings account to satisfy this debt. When P.M.J. moved to a higher-level nursing facility, Glass admitted she continued to accept and spend P.M.J.’s retirement benefits and failed to pay her new nursing facility, under the pretense that P.M.J. owed her money.
During the sentencing hearing, the Court announced that Glass misappropriated just under $95,000, and ordered restitution in the amount of approximately $87,700, to be paid to the estates of the three victims. As a condition of her sentencing, Glass is required to pay the net proceeds for the sale of the Glass Family Care Home property to the United States to pay off some or all of this restitution amount.
Glass pleaded guilty on March 31.
Under federal law, Glass must serve 85 percent of her prison sentence, and upon her release from prison will be under the supervision of the U.S. Probation Office for 3 years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.
The investigation was conducted by the FBI, with assistance from Adult Protective Services, a division of the Kentucky Cabinet for Health and Family Services, Department for Community Based Services. The United States was represented by Assistant U.S. Attorney Kathryn Dieruf.
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Former City of Miami Aide Sentenced to Six Years in Prison for Child Pornography CrimeRead the Press Release
MIAMI – Today, Rene Pedrosa, 51, was sentenced in federal court to six years in prison, followed by 15 years of supervised release, for receiving child pornography in 2019 from a 16-year-old boy.
In November 2019, Pedrosa connected with the boy on social media. Pedrosa, who at the time worked as an aide to the City of Miami mayor, communicated with the boy on social media and in person about a website design job for Pedrosa’s boss.
One meeting took place at Miami City Hall on November 25, 2019. Pedrosa admitted that during the meeting, he kissed and sexually touched the boy, who had been dropped off at City Hall for a website design follow-up meeting by his mother. Pedrosa also admitted that he continued communicating with the boy through an internet-based messaging application and that on December 22, 2019, Pedrosa knowingly received sexually explicit images of the boy.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, announced the sentence imposed by U.S. District Court Judge Robert N. Scola.
FBI Miami investigated the case, with assistance from Miami Police Department. Assistant U.S. Attorney Jessica Kahn Obenauf prosecuted it.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about the Project Safe Childhood initiative and for information regarding Internet safety, please visit www.justice.gov/psc.
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 21-cr-20259.
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Former Chattanooga-Area Woman Pleads Guilty to Obstruction of JusticeRead the Press Release
CHATTANOOGA, Tenn. – On August 14, 2023, Florencia Renderos Morales, 24, currently of Houston, Texas, entered a guilty plea to one count of obstruction of justice, in violation of 18 U.S.C. § 1512(b), in the United States District Court for the Eastern District of Tennessee at Chattanooga. Sentencing has been set for January 12, 2024, at 10:00 a.m. before the Honorable Charles E. Atchley, Jr., in United States District Court at Chattanooga.
Morales faces a term of up to 20 years in Federal prison, $500,000 in fines, and supervised release of three years.
As part of the written plea agreement, Morales waived an indictment by a Federal Grand Jury and agreed to plead guilty to the aforementioned charges as set forth in a felony Bill of Information. According to court documents, Morales was an employee of La Casa de Sydney, a housing facility for undocumented and unaccompanied minor children located in the Eastern District of Tennessee. While at the facility, she engaged in inappropriate sexual conduct directed toward minor residents who were in their late teens.
The Department of Homeland Security and the Chattanooga Police Department initiated an investigation into Morales’s conduct and the conduct of others at La Casa de Sydney. Court documents indicate that the defendant became aware that she was the object of this investigation, and she contacted other involved individuals about ways to evade detection. Morales discussed who she believed reported her conduct to authorities, and she urged one former minor resident of La Casa de Sydney to delete electronic evidence that was relevant to the investigation.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee made the announcement.
This prosecution is the result of a joint investigation conducted by Homeland Security Investigations and the Chattanooga Police Department Special Victims Unit, with assistance from the United States Department of Health and Human Services Office of the Inspector General.
Assistant United States Attorneys Kyle Wilson and Jay Woods represent the United States in this action.
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Federal Grand Jury Indicts New Orleans Man for Being a Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that TEDDY NATHAN, age 24, a resident of New Orleans, Louisiana, was charged with violating the Federal Gun Control Act.
NATHAN is charged with one count of possession of ammunition by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1). If convicted, NATHAN faces a maximum term of imprisonment of 15 years, up to a $250,000 fine, up to 3 years of supervised release, and a mandatory special assessment fee of $100.
U. S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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 Federal Bureau of Investigation, the New Orleans Police Department, and the Louisiana State Police. It is being prosecuted by Assistant United States Attorney David Haller of the Violent Crime Unit.
Federal Grand Jury Indicts New Orleans Man for Being a Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that AARON HENDERSON, age 28, a resident of New Orleans, Louisiana, was charged with violating the Federal Gun Control Act.
HENDERSON is charged with one count of possession of two firearms by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1). If convicted, HENDERSON faces a maximum term of imprisonment of 15 years, up to a $250,000 fine, up to 3 years of supervised release, and a mandatory special assessment fee of $100.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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 Federal Bureau of Investigation and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney David Haller of the Violent Crime Unit.
Davidson County Man Sentenced to 30 Years for Production and Possession of Child PornographyRead the Press Release
WINSTON-SALEM – A Lexington man was sentenced today to 360 months in prison after pleading guilty to two felony counts of possession and production of child pornography announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina (MDNC).
According to court records, officers encountered ZACHERY GRAY GUNTER, age 43, of Lexington, in May 2020. At the time, GUNTER had outstanding warrants. As part of an unrelated criminal investigation, officers discovered an image of child pornography. Upon further investigation, officers determined Gunter created child sex abuse materials of multiple minors.
GUNTER was sentenced today to a 360-month term of imprisonment by the Honorable Thomas D. Schroeder, United States District Judge in the United States District Court for the MDNC. In addition to prison time, GUNTER was ordered to pay special assessments totaling $2,200.00. He pleaded guilty to one count of possession of child pornography under the age of 12 and one count of production of child pornography on April 5, 2023.
The case was investigated by the Department of Homeland Security and the Davidson County Sheriff’s Office and was prosecuted by Assistant United States Attorneys Lindsey Freeman and JoAnna McFadden.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
DOJ and California non-profit settle allegations of false claims for reimbursementRead the Press Release
Seattle – The U.S. Department of Justice and Sun Valley CARE Development, Inc. (CARE) today resolved allegations that CARE violated the False Claims Act by submitting false information to the Economic Development Administration (EDA) in connection with an EDA grant. CARE will pay the government $364,126 to resolve the matter, announced Acting U.S. Attorney Tessa M. Gorman of the Western District of Washington.
CARE is a California 501(c)(3) non-profit charitable organization located in Sun Valley, California. In 2008 EDA awarded a grant to CARE in the amount of $2,800,000 for the design and construction of a medical and nurse training facility in Sun Valley. The grant was administered by EDA’s Seattle Office.
The settlement today resolves allegations arising from CARE’s final request for reimbursement submitted to EDA in connection with the grant. In January 2018 CARE submitted to EDA a request for reimbursement that purported to set forth the costs CARE incurred constructing the medical and nurse training facility. The United States contends that the request for reimbursement and supporting documentation contained false information about CARE’s construction costs. Of the settlement amount, $182,063 is restitution. The additional settlement dollars are part of the enhanced penalties under the False Claims Act.
“The Department of Commerce OIG is dedicated to working with Department of Justice to curb fraud, waste, and abuse. It is of particular importance when a project receiving EDA funding to design and construct a nurse training facility benefitting the local community is negatively impacted. We greatly appreciate the cooperation and effort of the United States Attorney’s Office in ensuring justice is served in this matter,” said Jeffrey Lysaght, Special Agent in Charge, U.S Department of Commerce, Office of Inspector General.
The investigation began with a whistleblower complaint regarding work performed under the grant.
This matter was investigated by the U.S. Department of Commerce Office of Inspector General. Assistant United States Attorney Ashley Burns handled the case for the U.S. Attorney’s Office.
DOJ alerts independent K-12 schools about obligations under the Americans with Disabilities Act (ADA)Read the Press Release
Seattle – The U.S. Attorney’s Office, Western District of Washington, is reminding independent schools of their obligations under the Americans with Disabilities Act (ADA) with respect to the accommodation of students with type 1 diabetes. There are approximately 215,000 Americans under the age of 20 currently diagnosed with type 1 diabetes. A letter sent to independent schools in Seattle serving elementary and middle-school aged students, arriving this week, not only reminds educators of their obligations under the ADA, but also provides resources to assist schools in setting up policies and procedures for monitoring a child’s blood sugar in compliance with the ADA.
“Our office continues to receive complaints from parents that their school-age children with type 1 diabetes are not afforded full and equal access to services provided by independent schools,” said Acting U.S. Attorney Tessa M. Gorman. “I hope the letter, which is a reminder for schools, as well as the online resources referenced in the letter, will motivate educators and administrators to make the modifications necessary for a truly inclusive environment for all our children.”
The letter for the schools makes note of this settlement with a school in Louisiana. See Settlement Agreement Between the United States of America and Alexandria Country Day School, available at https://archive.ada.gov/alexandria_settle.htm.
The letter makes clear that staff at the school may need to be trained to support children with type 1 diabetes. Where a parent or guardian and a child’s physician or other qualified health care professional deem it appropriate (based on the child’s current health status) for a child to be assisted in diabetes care by a layperson, training child care staff members to assist with routine diabetes care tasks, including the administration of insulin by pen, syringe, or pump, is generally a reasonable modification under the ADA unless an independent school can demonstrate that the individual circumstances cause a fundamental alteration to its goods, services, facilities, privileges, advantages, or accommodations.
The letter also offers online resources such as:
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- Washington Superintendent of Public Instruction and Department of Health, “Guidelines for Care of Students with Disabilities,” available online at https://www.k12.wa.us/sites/default/files/public/healthservices/pubdocs/diabetes/diabetesmanual-ada.pdf;
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- National Diabetes Education Program, “Helping the Student with Diabetes Succeed: A Guide for School Personnel,” available online at https://diabetes.org/sites/default/files/2020-02/NDEP-School-Guide-Full-508.pdf;
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- American Diabetes Association, “Sample Diabetes Management Plan,” available online at https://diabetes.org/sites/default/files/2022-11/DMMP-updated-11-11-22.pdf.
In addition to schools, DOJ has entered into settlements with childcare centers and summer camps that failed to accommodate children with type 1 diabetes.
As the new school year begins, independent schools should examine their procedures to ensure a child’s diabetes care is integrated into the daily routine, with the proper support from school staff.
The full letter from the U.S. Attorney’s Office Civil Rights unit is below.
independent_schools_seattle_-_t1d_dcl_for_website.pdf-
Citrus County Convicted Felon Pleads Guilty to Possessing Multiple FirearmsRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Timothy James Roberts (28, Hernando) has pleaded guilty to possessing an unregistered National Firearms Act (NFA) weapon—a short-barreled shotgun—and two counts of possessing a firearm as a convicted felon. Roberts faces a maximum penalty of 10 years in federal prison on the possession of an unregistered NFA weapon count, and up to 15 years for each count of possessing a firearm as a convicted felon. A sentencing date has not yet been set.
According to court documents, Roberts twice was in possession of firearms in Citrus County. On August 7, 2022, law enforcement stopped Roberts in a stolen vehicle and found him in possession of a short-barreled shotgun not registered to him in the National Firearms Registration and Transfer Record. Subsequently, on August 31, 2022, Roberts was again stopped by law enforcement for multiple traffic infractions. A search of his backpack revealed a pistol and a revolver.
Roberts has four prior felony convictions for grand theft in state court. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Citrus County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
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.
Chester Man Pleads Guilty to $1.9 Million Embezzlement SchemeRead the Press Release
RICHMOND, Va. – A Chester man pleaded guilty today to mail fraud for embezzling over $1.9 million from his employer.
According to court documents, between 2015 and 2023, Bahram Khosropanah, 65, devised and repeatedly executed a scheme to misappropriate technology assets from his employer for his own personal gain. Khosropanah held senior positions at a Richmond-based company that operates convenience stores across the country. His role focused on information technology, and he was responsible for purchasing computers and other electronics for the company. Upon receiving invoices for certain purchases, Khosropanah made unauthorized material modifications to the invoices before submitting them to his accounting department for approval.
Through these modifications, Khosropanah was able to misappropriate computers and electronics and conceal his misappropriations. He then sold the misappropriated assets on eBay and to a third-party wholesaler without the knowledge or consent of his employer. The defendant sold approximately 850 laptops and other electronics, causing a loss of over $1.9 million to his employer. Khosropanah used the proceeds from the fraudulent sales to purchase luxury cars, including a Ferrari.
Khosropanah is scheduled to be sentenced on November 2. He faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after U.S. Magistrate Judge Summer L. Speight accepted the plea.
Assistant U.S. Attorneys Robert Day and Kashan K. Pathan are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:23-cr-95.
Cherokee County Resident Pleads Guilty to Federal Firearm ChargeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ralph Gene Carloss, age 71, of Welling, Oklahoma entered a guilty plea to Felon in Possession of Firearm and Ammunition.
The Indictment alleged that on April 11, 2023, Carloss was in possession of a 7.62x39 mm Norinco SKS rifle and 16 rounds of ammunition, which had been shipped and transported in interstate commerce. At the time of the offense, Carloss had been convicted of a crime punishable by imprisonment for a term exceeding one year and knew of such conviction.
The charges arose from an investigation by the Adair County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The Honorable Judge D. Edward Snow, U.S. Magistrate Judge for the Eastern District of Oklahoma, accepted the plea in Muskogee, Oklahoma, and ordered the completion of a presentence investigation report.
Assistant United States Attorney T. Cameron McEwen represented the United States.
Charleston Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Kevin Gerard Denson, 36, of Charleston, was sentenced today to two years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on June 30, 2022, law enforcement officers responded to a report of shots fired on Leon Sullivan Way in Charleston. Officers encountered Denson exiting a vehicle in an alley near Jet Life Apparel. Officers found two firearms in the vehicle, a Dickinson, model XXPA, 12-gauge shotgun and a Smith & Wesson, model M&P 15, 5.56-caliber rifle. Each firearm was loaded with a high-capacity drum magazine.
Officers also found a bullet hole at the entrance to Jet Life Apparel, and obtained a search warrant for the store’s video surveillance system. The footage showed Denson carrying the two firearms and Jonathan Kennedy, 41, of St. Albans, running across the store while holding the shotgun following an apparent altercation outside.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Denson knew he was prohibited from possessing a firearm because of his prior felony conviction for delivery of cocaine in Kanawha Circuit Court on June 12, 2013.
The video surveillance footage showed Kennedy and Denson possessed the firearms after Jamon L. Woodson fired a pistol in the direction of Jet Life Apparel following an apparent verbal argument. Officers recovered a spent 9mm casing from the street near where the pistol was fired.
Woodson was sentenced to five years in prison on July 20, 2023, after pleading guilty to being a felon in possession of ammunition. Kennedy was sentenced to three years in prison on August 1, 2023, after pleading guilty to being a felon in possession of a firearm.
“On a day when huge crowds were heading to the Charleston Sternwheel Regatta, Mr. Denson and Mr. Kennedy brandished firearms with large-capacity magazines after Mr. Woodson fired a pistol outside a downtown business in broad daylight. It is a miracle that no one was hurt,” said United States Attorney Will Thompson. “I commend the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department, and the quick law enforcement response that prevented this disturbing incident from escalating.”
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Nowles Heinrich 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.
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. 2:22-cr-145.
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Charleston Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Jonathan Levi Rider, 19, of Charleston, pleaded guilty today to possession of prepubescent child pornography.
According to court documents and statements made in court, on November 17, 2022, Rider possessed videos on his cell phone depicting minors subjected to sexually explicit conduct. Rider admitted that he had downloaded the videos to his phone and further admitted that one of the videos depicted an adult male sexually abusing a prepubescent girl.
Rider is scheduled to be sentenced on November 9, 2023, and faces a maximum penalty of 20 years in prison, at least five years and up to a lifetime of supervised release, and a $250,000 fine. Rider must also register as a sex offender.
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) and the West Virginia State Police.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Julie M. White is prosecuting the case.
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. 2:23-cr-24.
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Cecily Aguilar Receives Maximum Sentence for Role in Vanessa Guillen MurderRead the Press Release
WACO, Texas – A Killeen woman was sentenced in federal court in Waco today to 30 years in prison for her connection to the murder of U.S. Army Specialist Vanessa Guillen.
According to court documents, Cecily Aguilar, 25, assisted Army Specialist Aaron Robinson in corruptly altering, destroying, mutilating and concealing evidence—that is, the body of Vanessa Guillen—in order to prevent Robinson from being charged with and prosecuted for any crime. Aguilar also altered and destroyed information contained in a Google account of Robinson. During the investigation into the disappearance of Vanessa Guillen, Aguilar made four materially false statements to federal investigators.
On Nov. 29, 2022, Aguilar pleaded guilty to one count of accessory to murder after the fact and three counts of false statement or representation.
“Our hope is that today’s sentence brings a sense of relief and justice to the Guillen family, who have endured such pain throughout these past few years,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Ms. Aguilar’s actions were indefensible, and she will now face the maximum penalty for the choices she made. I’m grateful for our law enforcement partners who worked tirelessly on this case, as their dedication was essential in bringing this defendant to justice.”
The FBI; U.S. Marshals Service; Texas Rangers; Bell County Sheriff’s Office; Killeen Police Department; Texas Parks and Wildlife; U.S. Army Criminal Investigation Division; and the University of North Texas Center for Human Identification Forensic Anthropology Unit investigated the case.
Assistant U.S. Attorneys Mark Frazier and Greg Gloff prosecuted the case.
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Bronx Man Charged with Shooting on Webster AvenueRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging MALCOLM HOGUE with firing four shots in the middle of a crowded street, wounding one victim in the ankle. HOGUE was arrested this morning and presented before United States Magistrate Judge Katharine H. Parker this afternoon.
U.S. Attorney Damian Williams said: “As alleged, Malcolm Hogue—who was previously convicted of attempted murder—fired four bullets in the middle of an unsuspecting crowd on Webster Avenue in the Bronx. One of those bullets struck an innocent bystander. Thanks to the swift action of our law enforcement partners, Hogue is now being held accountable for his alleged violent actions.”
FBI Assistant Director in Charge James Smith said: “As alleged, Hogue recklessly exposed our community to senseless gunfire, putting the lives of multiple innocent people in danger. The charges today serve as a reminder to anyone who threatens the safety of our neighborhoods with violence – the FBI and our law enforcement partners will ensure you face the consequences in the criminal justice system.”
NYPD Commissioner Edward A. Caban said: “Today’s arrest for shooting a gun on a busy Bronx street confirms that this repeat violent offender was a continued threat to the community. Anyone who allegedly commits such acts in New York City will be held fully accountable – there will always be consequences. I commend the work of the NYPD and FBI investigators who removed this criminal from our streets, and the office of the U.S. Attorney for the Southern District for its ongoing work in prosecuting this case.”
According to the allegations in the Complaint:[[1]]
On June 18, 2023, a group of at least 20 people, including HOGUE, were gathered on Webster Avenue in the Bronx.
While walking along Webster Avenue, HOGUE was holding what appears to be a firearm in his right hand. Surveillance video captured HOGUE racking the firearm as he walked along the street in the direction of a nearby Blink Fitness gym. Still images from surveillance footage are below:
HOGUE then fired four shots. After the first gunshot, bystanders began fleeing, running down Webster Avenue away from the Blink Fitness. HOGUE continued firing. Below are still images of HOGUE, as captured by surveillance video, showing HOGUE as he fired a second gunshot.
HOGUE later returned to Webster Avenue, where surveillance video captured him canvassing the ground for bullet fragments and/or shell casings left behind after the shooting.
NYPD officers arrived on the scene where they found a man standing in front of the Blink Fitness who had been shot in his left ankle. The officers recovered a bullet fragment from the victim’s ankle, as well as a 9mm FC Luger shell casing from the sidewalk in front of the Blink Fitness. Below is a photograph of the recovered shell casing:
HOGUE was not permitted to possess ammunition because of prior felony convictions, one of which was a conviction for attempted murder.
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HOGUE, 31, of the Bronx, New York, is charged with possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI and the NYPD and thanked the Bronx County District Attorney’s Office for their assistance.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Benjamin M. Burkett is in charge of the prosecution.
The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
U.S. vs Malcolm Hogue Complaint
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Bronx Man Admits to 2009 and 2012 MurdersRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that SHAREEF LANDSMARK pled guilty today to conspiring to distribute narcotics in connection with his involvement in the June 29, 2009 murder of Warren Wilbourne and the September 17, 2012 murder of Michael Perez. As part of his guilty plea, LANDSMARK admitted to murdering both Wilbourne and Perez in the Bronx, New York. LANDSMARK pled guilty before U.S. Magistrate Judge Katharine H. Parker.
U.S. Attorney Damian Williams said: “On June 29, 2009, Shareef Landsmark shot and killed Warren Wilbourne. Three years later, Landsmark shot and killed Michael Perez. Today’s guilty plea reaffirms the commitment of my Office to pursing justice and holding accountable those who commit acts of violence in our communities. I commend the New York City Police Department and the career prosecutors of my office for their continued efforts in investigating these murders.”
According to the allegations in the Superseding Information and other documents filed in federal court as well as statements made in public court proceedings:
From at least June 2009 through May 2014, LANDSMARK agreed with others to sell cocaine in the Bronx, New York. In furtherance of his participation in this narcotics conspiracy, LANDSMARK shot and killed Warren Wilbourne on June 29, 2009, and Michael Perez on September 17, 2012.
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LANDSMARK, 38, from the Bronx, New York, pled guilty to narcotics conspiracy, which carries a maximum sentence of 40 years in prison and a mandatory minimum sentence of five years in prison. LANDSMARK will be sentenced by U.S. District Judge Lorna G. Schofield later this year.
The maximum potential sentence in this case is prescribed by Congress and is provided here for information purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the NYPD. He also thanked the Special Agents of the United States Attorney’s Office for the Southern District of New York for their assistance in the investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Adam Hobson, Alexandra Rothman, and Christy Slavik are in charge of the prosecution.
Billings man admits trafficking methamphetamineRead the Press Release
BILLINGS — A Billings man today admitted to trafficking methamphetamine after law enforcement seized approximately four pounds of the drug from a workshop, U.S. Attorney Jesse Laslovich said.
Gary Michael Byrd, 52, pleaded guilty to a superseding information charging him with possession with intent to distribute controlled substances. Byrd faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Byrd was released pending further proceedings.
The government alleged in court documents that early this year, the Billings Police Department received information that Byrd was trafficking meth from his residence. Law enforcement pulled over Byrd and arrested him on an outstanding warrant. During a search, officers found more than $5,600 cash in his pocket. Officers also executed a search warrant at a workshop where Byrd was suspected of storing drugs and recovered approximately four pounds of meth from a toolbox. Four pounds of meth is the equivalent of 14,496 doses.
Assistant U.S. Attorney Benjamin D. Hargrove is prosecuting the case. The Billings Police Department and Drug Enforcement Administration conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Baltimore Man Pleads Guilty to Discharge of a Weapon Resulting in Death Related to a Murder-For-HireRead the Press Release
Baltimore, Maryland – Tyrik Braxton, a/k/a “Son-Son,” age 25, of Baltimore, Maryland, pleaded guilty today to discharge of a firearm during a crime of violence resulting in death, in connection with a murder-for-hire conspiracy.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; Chief Gregory Der of the Howard County Police Department (“HCPD”); and Howard County State’s Attorney Rich Gibson.
According to the plea agreement, on October 4, 2020, Howard County Police responded to a shooting in the area of Basket Ring Road in Columbia. Victim Juan Ross was found shot and killed at the scene. Braxton admitted that he accepted money and assisted the co-conspirators who shot the victim, knowing that the victim was going to be killed.
As detailed in the plea agreement, a co-conspirator accused Juan Ross, age 23, of Columbia, Maryland, of cooperating with law enforcement, including on a live social media conversation on September 9, 2020, and in text messages. Juan Ross was arrested on drug and weapon charges on September 5, 2020, but was released on bail after being interviewed by police.
Braxton admitted that a co-conspirator solicited him to kill Juan Ross and that he accepted payment from the co-conspirator to commit the murder. As detailed in the plea agreement, the defendant used interstate commerce facilities, specifically cellular telephones and a vehicle, in the commission of the murder-for-hire.
According to court documents, on October 4, 2020, after a text message exchange about the address where they could find the victim, Braxton, co-defendant Daquante Thomas and another co-conspirator drove to the area of Basket Ring Road in Columbia to locate Juan Ross. After locating the victim, they drove to a drug store nearby, where Braxton got out of the car. As detailed in Daquante Thomas’s plea agreement, he and the other co-conspirator then returned to the area of Basket Ring Court, shot and killed Juan Ross and drove away together.
On November 20, 2020, HCPD executed a series of search warrants, including at Braxton’s residence, where Braxton was arrested. Law enforcement recovered a .45-caliber handgun with magazine and ammunition under the mattress in Braxton’s bedroom; a blue backpack containing $2,134 in cash, located under the bed and Braxton’s iPhone, located next to the bed. The phone contained photos of Braxton and his co-conspirators and Braxton admitted that they were his co-conspirators in the murder-for-hire of Juan Ross.
Braxton and the government have agreed that, if the Court accepts the plea, Braxton will be sentenced to between 20 and 25 years in federal prison. U.S. District Judge Julie R. Rubin has scheduled sentencing for November 8, 2023, at 2:00 p.m.
On January 11, 2023, Judge Rubin sentenced co-defendant Daquante Thomas, age 20, of Baltimore, to 35 years in federal prison for discharge of a firearm during a crime of violence resulting in death. Thomas admitted that he was one of the shooters.
Co-defendant Jourdain Larose, a/k/a “JBlacc,” age 27, of Ellicott City, Maryland, is charged with a federal murder-for-hire conspiracy, use of interstate commerce facilities in the commission of a murder-for hire and use and discharge of a firearm during a crime of violence resulting in death. He remains detained while he awaits trial. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF, the Howard County Police Department, and the Howard County State’s Attorney’s Office for their work in the investigation and prosecution and thanked the FBI, the Maryland State Police, the Anne Arundel County Police Department, the Baltimore County Police Department, and the Baltimore Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorney Kim Y. Hagan, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Atlantic, Iowa Man Sentenced to 13 Years in Federal Prison for Meth Distribution OffenseRead the Press Release
COUNCIL BLUFFS, Iowa – On August 11, 2023, an Atlantic man was sentenced to 156 months in prison for possession with intent to distribute methamphetamine.
According to public court documents, law enforcement completed several controlled buys from Edward Allen Davenport, 54, in May, June, and August 2022 involving pure methamphetamine. In August 2022, a search warrant was executed at Davenport’s Atlantic residence. Law enforcement seized additional pure methamphetamine, a scale, pipes, syringes, and bags with residue from Davenport’s residence.
Upon completion of his prison sentence, Davenport must serve a four-year term of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Atlantic Police Department, Cass County Sheriff’s Office, and Division of Narcotic Enforcement investigated the case.
Ashland Man Sentenced to 20 Years for Distribution and Possession of Child PornographyRead the Press Release
ASHLAND, Ky. — An Ashland man, Adam Fonso Childers, 71, was sentenced on Monday to 20 years in prison by U.S. District Judge David Bunning for distributing and possessing child pornography.
The evidence presented at trial established that, between October 5-6, 2020, Childers was found to have distributed multiple files of child pornography, using a peer-to-peer file sharing network. A search warrant was then obtained and revealed that, over a period of decades, Childers had acquired multiple forms of media found to contain child pornography. This media included magazines he acquired in the 1970s, binders of printed materials, multiple disks, seven external hard drives, and a desktop computer. In total, Childers possessed hundreds of thousands of images and videos of child pornography, that included depictions of minors under the age of 12 engaged in sexually explicit activity. He was also identified as being one of the top ten individuals for sharing child pornography in Kentucky, via this particular file sharing program.
A federal jury sitting in Ashland convicted Childers in January 2023.
“This case involved an enormous amount of child sexual abuse material, collected over many years, and involved countless victims,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “Protecting our children from this despicable sexual abuse is a core priority for our office and is essential to the safety of our communities. I want to commend our law enforcement partners, whose dedicated and difficult work made this prosecution and sentence possible – and made our children safer.”
“The exploitation of innocent children is one of the most heinous crimes the FBI investigates,” said Jodi Cohen, Special Agent in Charge, FBI Louisville Field Office. “Today’s sentence reinforces that the FBI and our law enforcement partners will continue to aggressively pursue those who prey upon our most vulnerable victims and will stop at nothing to hold them accountable.”
Under federal law, Childers must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for life. He was also ordered to pay more than $175,000 in restitution and financial assessments.
U.S. Attorney Shier; FBI Special Agent in Charge Cohen; Col. Phillip Burnett, Commissioner, Kentucky State Police; and Chief W. Todd Kelley, Ashland Police Department, jointly announced the sentence.
The investigation was conducted by FBI, KSP, and the Ashland Police Department. The United States was represented in the case by Assistant U.S. Attorneys Erin Roth and Mary Melton.
This case was prosecuted 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 the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Albany Man Pleads Guilty to Methamphetamine OffensesRead the Press Release
ALBANY, NEW YORK – Samuel Coleman, age 51, of Albany, pled guilty on Friday to distributing and possessing with intent to distribute 50 grams or more of methamphetamine.
United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
Coleman admitted that between March 2020 and January 2021, he distributed and possessed with intent to distribute at least 1,613 grams of methamphetamine.
At sentencing, Coleman faces a term of imprisonment of at least 10 years and up to life, a fine of up to $10 million, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the Drug Enforcement Administration, Albany County Sheriff’s Office, Colonie Police Department, and New York State Police, and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Aiken Man Sentenced to Federal Prison for Role in Scheme to Defraud TRICARERead the Press Release
COLUMBIA, SOUTH CAROLINA —Travis Anthony Mason, 52, of Aiken, was sentenced to two and a half years in federal prison after pleading guilty to health care fraud.
Evidence presented to the court showed that Mason, through his company M3 Medical LLC, was involved in the marketing and sale of prescription compounded medications, which included various pain creams. Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient because, for example, the patient is allergic to a dye or other ingredient or requires the medication in a different form.
Mason and his coconspirators would target individuals with federally funded health insurance plans, including TRICARE, that provided benefits for the compounded prescriptions. They would obtain prescriptions for compounded medications, many of which were medically unnecessary, from a physician. They would then direct that these prescriptions be filled by specific compounding pharmacies.
Mason and his coconspirators knew that the compounded medication would yield a high reimbursement. For every compounded prescription that was filled, Mason was paid a percentage of the reimbursement amount. Over two years, Mason and his coconspirators caused $1,966,194.00 in loss to TRICARE.
“Fraud of healthcare programs steals resources from people who need care and, in this case, from men and women who have bravely served our nation,” said U.S. Attorney Adair F. Boroughs. “We appreciate the hard work of our agency partners in the investigation of this scheme, and we stand ready to prosecute those who steal from government programs to enrich themselves.”
“Travis Mason thought TRICARE and other Federal healthcare programs were easy targets for fraud; he was sorely mistaken,” said Special Agent in Charge Christopher Dillard, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office. “Nationwide fraud schemes like this degrade our healthcare system. They also put the public and the military at risk. DCIS stands resolute with its Federal law enforcement partners to disrupt, dismantle, and prosecute perpetrators of these schemes.”
"Mason’s criminal acts jeopardized the health and well-being of unsuspecting victims, many of whom have served or continue to serve our country in the military,” Steve Jensen, Special Agent in Charge of the Columbia Field Office said. “Healthcare fraud remains a top priority for the FBI to investigate. We, along with our law enforcement partners, will take every measure available to unravel such schemes and bring perpetrators to justice."
United States District Judge Joseph F. Anderson sentenced Mason to 31 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system. The court also ordered him to pay the restitution in the amount of $1,966,194.00.
The case was investigated by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service and the Federal Bureau of Investigation. Assistant United States Attorney Amy F. Bower prosecuted the case.
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Activity in the United States Attorney's OfficeRead the Press Release
Failure to Register as a Sex Offender
Kyeren Dillon Tillman, age 32, of Lander, Wyoming, was sentenced on August 8, 2023, to 13 months’ imprisonment for failure to register as a sex offender. U.S. District Court Judge Alan B. Johnson imposed the sentence which included five years of supervised release. The special assessment in this matter was remitted by the Court. According to court documents, Tillman is a convicted sex offender who had not checked in with the Wind River Sex Offender Registration and Notification Act (SORNA) office since July 2022. The case was investigated by the U.S. Marshal Service with assistance from the Wind River SORNA office, and prosecuted by Assistant U.S. Attorney Timothy W. Gist. Case No. 22-CR-00139-ABJ
Child Pornography
Nathan Lucas Heibeck, age 26, of Rawlins, Wyoming, was sentenced on August 10, 2023, to 38 months’ imprisonment for possession of child pornography. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence which included five years of supervised release, a $100 special assessment and $48,000 in restitution.
According to court documents, the Wyoming Division of Criminal Investigation (DCI) initiated a peer-to-peer investigation of the defendant sharing child sexual abuse material (CSAM) via the BitTorrent network. A search warrant was executed on Heibeck’s residence and an analysis of the evidence seized identified over 50 videos and over 2,200 images of CSAM on the defendant’s devices. This case was prosecuted by Assistant U.S. Attorney Z. Seth Griswold. Case No. 22-CR-00144-SWS
Tyelure Schroeder, age 33, of Fort Bridger, Wyoming, was sentenced on August 11, 2023, to 120 months’ imprisonment for possession of child pornography, second or subsequent conviction. U.S. District Court Judge Alan B. Johnson imposed the sentence which included 10 years of supervised release, a $100 special assessment and $36,000 in restitution.
According to court documents, on August 9, 2022, the Wyoming Division of Criminal Investigation Internet Crimes Against Children (ICAC) Task Force, received a Cybertip from the National Center for Missing and Exploited Children (NCMEC) indicating that an individual had uploaded 42 files of apparent child pornography to their Google account. Agents were able to track the account and determine it belonged to Schroeder and confirmed the account contained child pornography. Pursuant to a search warrant, agents later seized a laptop belonging to the defendant which contained approximately 1,000 images and numerous videos of child pornography. This case was prosecuted by Assistant U.S. Attorney Z. Seth Griswold. Case No. 23-CR-00006
13 August 2023
Two Nigerian Men Extradited to the United States After Being Indicted for International Sexual Extortion RingRead the Press Release
Initial appearance Monday, defendants previously indicted for causing death of Marquette teen
MARQUETTE, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Samuel Ogoshi, 22, and Samson Ogoshi, 20, of Lagos, Nigeria, have been extradited to the United States from Nigeria to face prosecution after being indicted in May 2023, for sexually extorting numerous young men and teenage boys in the Western District of Michigan and across the United States. Samuel Ogoshi was also charged with causing the death of 17-year-old Jordan DeMay, of Marquette, Michigan, who was found dead from a self-inflicted gunshot wound in March 2022.
“Sextortion is a horrible crime,” said U.S. Attorney Mark Totten. “To those who commit these crimes: we will pursue you around the world. And to those who are victims: please know we stand ready to help you.” U.S. Attorney Totten continued: “I am extremely pleased with how swiftly extradition efforts moved forward and am grateful to the FBI and our Nigerian law enforcement partners for their unyielding work to secure justice in this international sexual exploitation investigation.”
“Financial sextortion is a global crisis that impacts teens in our country and around the world,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “As this case demonstrates, the FBI is committed to working closely with our domestic and international law enforcement partners to prevent young men and women from becoming victims of this tragic crime.”
It’s anticipated that the extradited defendants’ initial appearance will take place Monday afternoon at the federal courthouse in Grand Rapids at a time to be determined by the court. Nigerian authorities arrested Samuel and Samson Ogoshi in Nigeria in January 2023, at the request of the United States. Nigerian prosecutors managed the extradition proceedings, on behalf of the United States. On July 20, the Honorable Justice B.F.M. Nyako ordered both Ogoshis to be turned over to the United States to face the charges in the indictment. On August 3, B.E. Jedy Agba, the Solicitor-General of the Nigerian Federation, signed the final surrender order, authorizing the United States to bring the Ogoshis to West Michigan.
Overview of Federal Charges
Click here for a copy of the May 2023 indictment
In May 2023, Samuel Ogoshi and Samson Ogoshi were charged in a four-count indictment: Count 1 charges Samuel Ogoshi with Sexual Exploitation and Attempted Sexual Exploitation of a Minor Resulting in Death in association with the death of Jordan DeMay. The charge carries a maximum penalty of life in prison and a statutory mandatory minimum of 30 years in prison. Count 2 charges both men with Conspiracy to Sexually Exploit Minors by causing the minors to produce child pornographic images that the defendants then used to blackmail the minors. The charge carries a maximum penalty of 30 years in prison and a mandatory minimum of 15 years in prison. Count 3 charges both men with Conspiracy to Distribute Child Pornography for sending the child pornography images to the minors, as well as their families and friends. The charge carries a maximum penalty of 20 years in prison and a mandatory minimum penalty of five years in prison. Count 4 charges both men with Conspiracy to Commit Stalking Through the Internet for engaging in this sextortion scheme as it relates to both minors and young adults. The charge has a maximum penalty of five years in prison. All charges have provisions for fines, restitution, and supervised release after their release from prison.
The grand jury alleges that the defendants bought hacked social media accounts and used the accounts to pose as young women to lure teenage and young adult males into sexual chats. One of the accounts used was an Instagram account bearing the username “dani.robertts”, which communicated with Jordan DeMay shortly before his death. After initiating chat conversations with the victims, the defendants simultaneously used Google and other online applications to research information about the victims, including where the victims lived, where they went to school or worked, and who their family and friends were.
The grand jury alleges that the defendants then solicited their victims to produce and send sexually explicit images of themselves. Once the defendants received sexually explicit images, they created collages that included the sexually explicit image alongside other images of the victims from social media, including images of the victims’ school, family, and friends. The defendants then threatened to disclose the collages to others, including the family, friends, and classmates, of their victims via social media unless the victims paid money. The grand jury alleges the defendants engaged in this extortion and attempted extortion of more than 100 people.
The extradition of the third defendant, Ezekial Ejehem Robert, is still pending.
Coordination with Nigerian Law Enforcement
Earlier this year, agents from FBI Michigan travelled to Nigeria to conduct a cooperative investigation with Nigerian law enforcement officials. The U.S. Department of Justice’s Office of International Affairs (OIA), worked with the U.S. Attorney’s Office to prepare a request for provisional arrest, with a view toward extradition, of Samuel Ogoshi, Samson Ogoshi and Ezekiel Robert. OIA, together with the U.S. Department of State, transmitted the request to Nigeria. The Economic and Financial Crimes Commission (EFCC), a Nigerian law enforcement agency, arrested the Ogoshis and Robert. OIA and the U.S. Embassy in Abuja, Nigeria, coordinated with the Central Authority Unit, International Cooperation Department of the Nigerian Office of the Attorney General - Ministry of Justice during their extradition proceedings. Additionally, the FBI referred information to the EFCC regarding three additional Nigerian males involved in this same sextortion ring. These individuals were arrested by the EFCC on domestic Nigerian changes based on the information that was shared. The EFCC is one of Nigeria’s national investigative agencies and is responsible for the investigation of all financial crimes, including extortion, fraud, money laundering, and corruption. The cooperation and assistance of the EFCC was essential in apprehending the defendants.
U.S. Attorney Totten and Acting SAC Kowalski extends their appreciation and thanks to the EFCC, the Nigerian Attorney General’s Office – Ministry of Justice, and all other involved Nigerian authorities for their important partnership in this case. Specifically, U.S. Attorney Totten and SAC Kowalski thanked the following Nigerian partners and institutions for their assistance with this case: Acting Executive Chairman Abdulkarim Chukkol, Economic and Financial Crimes Commission; Assistant Director Antoinette Oche-Obe, Central Authority Unit, International Cooperation Department, Office of the Attorney General - Ministry of Justice; Principal State Counsel Pius Akutah, Central Authority Unit, International Cooperation Department, Office of the Attorney General - Ministry of Justice; Nigeria’s Federal Ministry of Justice, Nigeria’s EFCC; and the Central Authority Unit, International Cooperation Department of the Nigerian Office of the Attorney General – Ministry of Justice.
Law Enforcement Coordination
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following website: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Davin Reust, and investigated by the FBI, the Marquette Sheriff’s Department, and the Michigan State Police Cybercrimes Unit in Marquette with the cooperation and assistance of the Economic and Financial Crimes Commission of Nigeria. The U.S. Department of Justice’s Office of International Affairs and the U.S. Department of State provided critical assistance in seeking the extradition of the defendants.
The charges in an indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
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MEDIA NOTE: U.S. Attorney Totten addressed these latest developments during Sunday’s press conference and the office will not offer further comment after Monday’s hearing.
11 August 2023
Zaquikon T. Roy Arrested in Lewiston, Maine, on Vermont Firearm ChargeRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Zaquikon T. Roy, 35, of Brooklyn, New York, was arrested yesterday in Lewiston, Maine, on a criminal complaint issued in the District of Vermont, for being a felon in possession of a firearm. Zaquikon made his initial appearance today on the Vermont complaint in U.S. District Court in Portland, Maine. U.S. Magistrate Judge Karen Frink Wolf detained Roy and ordered him to be transferred to the District of Vermont for further proceedings.
According to court documents, in April 2021, the Vermont State Police recovered a firearm during the execution of a search warrant of a vehicle in Fair Haven, Vermont. This gun was traced back to Roy and it was determined that Roy possessed the firearm in connection with the distribution of cocaine. At the time Roy possessed the firearm, Roy had prior felony convictions.
If convicted of this offense, Roy faces a maximum sentence of 15 years imprisonment on the count alleged in the criminal complaint and a $250,000 fine. The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Vermont State Police.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Violent Career Criminal Sentenced to 15 Years in Federal Prison for Possessing a Stolen HandgunRead the Press Release
INDIANAPOLIS- Kyree Bryce Harris, 25, of Indianapolis, Indiana, has been sentenced to 15 years in federal prison after being found guilty of illegally possessing a firearm as an armed career criminal following a 2-day jury trial in May 2023.
According to court documents and evidence introduced at trial, on the morning of June 17, 2022, IMPD officers were called to Ethel Avenue in Indianapolis, Indiana on a report of a suspicious vehicle parked in front of the Twenty Fifth Street Baptist church all night. When officers arrived, they encountered Harris asleep in the vehicle with a handgun tucked next to his leg, between the driver’s seat and center console. The gun had previously been reported stolen. On scene and at trial, Harris admitted he carried the gun for protection.
Because Harris was a convicted felon, federal law prohibited him from possessing firearms. His felony convictions stemmed from a string of six armed robberies of Indianapolis-area convenience stores and Family Dollar stores that he committed in January 2017, for which he was also convicted federally.
U.S. Attorney Zachary A. Myers, Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division, and Randal Taylor, Chief of the Indianapolis Metropolitan Police Department made the announcement.
“Armed career criminals like this defendant fuel the gun violence plaguing too many of our neighborhoods,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “Six prior convictions for armed robbery were not enough to disarm this criminal, but the serious sentence imposed here will protect the public from the danger he poses. I commend the officers who intervened and helped ensure that this defendant was held accountable for his actions.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Indianapolis Metropolitan Police Department. The sentence was imposed by U.S. District Court Judge, Sarah Evans Barker. Judge Barker also ordered that Harris be supervised by the U.S. Probation Office for 5 years following his release from federal prison and be subject to a $200 fine.
U.S. Attorney Myers thanked Assistant U.S. Attorneys Jeremy C. Fugate and Michelle P. Brady, who prosecuted this case.
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Ventura Man on Parole After Manslaughter Conviction Sentenced to 5 Years in Federal Prison for Illegally Possessing Firearms and AmmunitionRead the Press Release
LOS ANGELES – A convicted killer who admitted to illegally possessing a loaded firearm and threatening to shoot rival gang members at a public park in Ventura County despite the presence of children was sentenced today to 60 months in federal prison.
Jose Alcaraz Guerrero, 34, a.k.a. “Kruz,” of Ventura, was sentenced by United States District Judge Fernando L. Aenlle-Rocha.
Guerrero pleaded guilty on March 24 to two counts of being a felon in possession of a firearm and ammunition.
Guerrero admitted in court that he illegally possessed a firearm and ammunition at Moranda Park in Port Hueneme in May 2020 and that he illegally possessed another firearm during the following month.
Guerrero was prohibited from possessing firearms and ammunition because of his 2011 conviction in Ventura County Superior Court of voluntary manslaughter. Guerrero served nine years in California state prison for this conviction before being paroled in early 2020.
Guerrero’s reason for possessing a loaded firearm at a public park was “to shoot at rival gang members, notwithstanding the presence of innocent civilians who would be caught in the crossfire,” prosecutors argued in a sentencing memorandum. Some of the bystanders in the park included children.
Guerrero has been in federal custody since July 2022.
The FBI investigated this matter, with substantial assistance from the Ventura County Sheriff’s Office, the Port Hueneme Police Department, and the Oxnard Police Department.
Assistant United States Attorney Kathy Yu of the Violent and Organized Crime Section prosecuted this case.
U.S. Attorney’s Office Concludes Investigation into Fatal Jump from D.C. Building RooftopRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against a sergeant from the Metropolitan Police Department (MPD) who was involved in the February 2023 fatality of B.B., a 35-year-old District resident who died after running off the rooftop of an apartment building in Northwest Washington, D.C.
The U.S. Attorney’s Office and the MPD Internal Affairs Division conducted a comprehensive review of the incident, which included a review of law enforcement and civilian eyewitness accounts, BWC footage, physical evidence, recorded radio communications, forensic reports, the autopsy report, and reports from MPD.
According to the evidence, at about 4:53 a.m. on February 28, 2023, B.B. was on an apartment building rooftop in the 4500 block of MacArthur Boulevard, Northwest, yelling suicidal thoughts. A 911 call brought MPD officers, including Sergeant Travis Maguire, to the rooftop. As documented on their BWC footage, Sgt. Maguire and others spoke with B.B. and attempted to get him away from the edge of the building, ultimately luring B.B. toward them with a cigarette. In an attempt to incapacitate B.B., Sgt. Maguire discharged his ECD (taser) but it failed to take effect. B.B. then ran off the roof.
After a careful, thorough, and independent review of the evidence, federal prosecutors found insufficient evidence to prove beyond a reasonable doubt that Sergeant Maguire used excessive force under the circumstances or otherwise willfully violated B.B.’s rights.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove civil rights violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Three Sentenced in Conspiracy that Brought Methamphetamine to St. LouisRead the Press Release
ST. LOUIS – U.S. District Judge Audrey G. Fleissig on Friday sentenced two of the final three defendants in a conspiracy that brought methamphetamine from California to St. Louis.
Judge Fleissig on Wednesday sentenced Darius McCullum, 33, to 10 years in prison. McCullum was the Los-Angeles based supplier of some of the methamphetamine.
McCullum pleaded guilty in April to a felony charge of conspiracy to distribute and possess with the intent to distribute methamphetamine. He admitted obtaining pounds of methamphetamine in California and then shipping it to Eric Williams in Detroit, Michigan, who mailed the resulting proceeds back to McCullum.
Williams then sold the drug to others around the country. Lethem Thompson-Bey obtained methamphetamine from Williams via Ashley D. Gibson in Lexington, Kentucky and then sold it to Steven L. Bell and others in St. Louis.
The group transported and distributed illegal narcotics in numerous states including California, Michigan, Missouri, Kentucky and Texas and used “stash” houses in Detroit, Lexington, St. Louis, and elsewhere to store drugs.
Investigators seized about 4.8 kilograms of methamphetamine on April 21, 2021, another 8 kilograms on methamphetamine on May 4, 2021 and 3.5 kilograms on May 24, 2021. On August 23, 2021, investigators executed a court-approved search warrant at McCullum’s home in Los Angeles and found several pounds of marijuana and three guns, including one that had been stolen in Little Rock, Arkansas two years earlier, his plea agreement says.
"Drug trafficking organizations, like this one involving McCullum, will use every method they can to get their poison distributed," said Assistant Special Agent in Charge Colin Dickey, lead of Drug Enforcement Administration investigations in Eastern Missouri. "DEA and our partners have shut down this operation of shipping methamphetamine from Los Angeles to the Midwest and to the network of street dealers who then distributed it into our neighborhoods. Fortunately, this is one drug dealership that we can call closed for business.”
On Friday, Judge Fleissig sentenced Jasmine C. Taylor, 35, to two years in prison and Haley B. Mason, 21 to the time she’d already served behind bars. Taylor transported money and drugs for Williams and Gibson. Mason was a courier who was caught with $65,250 cash in a suitcase at the on April 22, 2021.
Bell, 31, of St. Louis County, was sentenced to 10 years in prison in June. Williams, 32 of Jackson, Tenn., was sentenced to 186 months in prison in May. Gibson, 26, of Lexington, was sentenced to 78 months in prison in April. Thompson-Bey, 28, of St. Louis, received a 126-month sentence last August. All 20 defendants in the case pleaded guilty.
Defendants agreed to forfeit $181,000 cash seized during the investigation, as well as jewelry, ammunition, three pistols, two AR-15-style rifles and an AR-15-style pistol.
The case was investigated by the Drug Enforcement Administration, the U.S. Marshals Service and the U.S. Postal Inspection Service.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Three Arrested for Sex Trafficking Five VictimsRead the Press Release
BOSTON – Three individuals have been arrested and charged with sex trafficking and the interstate transportation of five separate victims for the purposes of prostitution.
Jermall Anderson, 43, of Tewksbury, was charged with five counts of sex trafficking by force, fraud and coercion and one count of coercion and enticement. Jennifer Fortier, 49, of New Haven, Conn., was charged with two counts of sex trafficking by force, fraud and coercion and one count of knowingly transporting any individual in interstate or foreign commerce, with intent that such individual engage in prostitution. Latasha Anderson, 37, of Lynn, was charged with two counts of sex trafficking by force, fraud and coercion.
The defendants were arrested on Aug. 9, 2023. Following a hearing yesterday, Jermall Anderson was detained pending a final detention determination, and Latasha Anderson was released under conditions. Fortier will appear in federal court in Boston at a later date.
“This case is yet another manifestation of the opioid crisis plaguing our communities,” said Acting United States Attorney Joshua S. Levy. “Here these defendants are alleged to have exploited women’s addiction, lack of housing and economic stability to coerce them into the sex trafficking trade. Opioids and sex trafficking go hand in hand – and so does the destruction and trauma they inflict on our communities. This office and our law enforcement partners will spare no resource to ensure that harmful, exploitative traffickers are removed from our streets and held accountable.”
“These three are alleged to have specifically targeted vulnerable female victims — women going through substance abuse rehabilitation or facing homelessness. Human traffickers often seek out victims in unstable situations, using force, fraud and coercion to control their every move, making them feel that they are solely reliant on the trafficker,” said Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England. “Bringing those who prey on the vulnerable to justice is one of our core missions at HSI, but our work to support and seek care for those victimized is of equal importance.”
According to the charging documents, from 2012 through 2016, the defendants used physical violence, threats and the giving and withholding of heroin and cocaine to force five different victims to prostitute on their behalf. The defendants allegedly targeted vulnerable victims, specifically those struggling from drug addiction, homelessness and lack of economic resources and coerced them into providing commercial sex for the defendants’ benefit. The defendants are alleged to have trafficked these victims all over New England and into New York and New Jersey.
The charges of sex trafficking by force, fraud and coercion each provide for a sentence of at least 15 years and up to life in prison, up to five years of supervised release and a fine of up to $250,000. The charge of coercion and enticement 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. The charge of knowingly transporting any individual in interstate or foreign commerce, with intent that such individual engage in prostitution provides 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.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274 or contact USAMA.VictimAssistance@usdoj.gov.
Acting U.S. Attorney Levy and HSI Acting SAC Krol made the announcement today. Valuable assistance was provided by the HSI Office in New Haven, Connecticut, the Lynn and Tewksbury Police Departments in Massachusetts and the Hampden, Connecticut Police Department. Assistant U.S. Attorneys Stephen W. Hassink and Leah B. Foley of the Narcotics & Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Syracuse Man Sentenced to Serve 157 Months for Possessing Fentanyl for Distribution and for Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
SYRACUSE, NEW YORK – Tramond G. Wallace, Jr., age 28, of Syracuse, was sentenced today to serve 157 months’ imprisonment for possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug-trafficking crime.
United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA)-New York Division, and Ketty Larco-Ward, Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS) made the announcement.
In his earlier guilty plea, Wallace admitted that at his apartment in the Town of DeWitt, he possessed a parcel containing 1,024 grams of pills containing fentanyl, which had been mailed through the U.S. Postal Service. Wallace admitted that he intended to distribute these pills, and other quantities of fentanyl that he possessed in his apartment, to others. Wallace further admitted that in the same apartment, he possessed two Glock .40 caliber pistols, one with an extended magazine inserted, which he possessed in furtherance of his drug-trafficking.
Chief United States District Judge Brenda K. Sannes also ordered that Wallace serve a 4-year term of supervised release following his release from prison.
DEA and USPIS investigated the case, with assistance from the Internal Revenue Service-Criminal Investigation (IRS-CI), the Syracuse Police Department, the Onondaga County District Attorney’s Office, and the Onondaga County Sheriff’s Office. Assistant U.S. Attorney Matthew J. McCrobie prosecuted the case.
Syracuse Man Pleads Guilty to Federal Drug and Firearm CrimesRead the Press Release
SYRACUSE, NEW YORK – Rodney Sumlin, 37, of Syracuse, pled guilty today to possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug-trafficking crime.
United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA)-New York Division, made the announcement.
As part of his guilty plea, Sumlin admitted that on November 8, 2022, he knowingly possessed 108 grams of cocaine at his residence in Syracuse, which he intended to distribute to others. Sumlin further admitted that at his residence he also possessed a loaded .45 caliber pistol, which he possessed in furtherance of his drug-trafficking.
At sentencing, Sumlin faces up to life in federal prison, a maximum fine of $1,000,000, and a term of post-imprisonment supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
DEA investigated the case, with assistance from the Syracuse Police Department, the Onondaga County District Attorney’s Office, and the Onondaga County Sheriff’s Office. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case.
Sutton Man Sentenced to over Five Years in Prison for Possessing Child PornographyRead the Press Release
BOSTON – A Sutton man was sentenced today in federal court in Worcester for child sexual abuse material (CSAM).
Oliver Smith, 48, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 66 months in prison and 10 years of supervised release. In March 2023, Smith pleaded guilty to one count of possession of child pornography.
In November 2020, after receiving information from the National Center for Missing and Exploited Children and Swedish law enforcement authorities, a search warrant was executed at Smith’s Sutton residence, and several devices were seized. A forensic review of devices seized revealed images and videos depicting CSAM found on a memory card stored in Smith’s backpack. In addition to the images saved to the memory card, Smith had access to an email account which contained images of CSAM, and in July 2019, while Smith resided in Sweden, he had emailed CSAM from his email account to a separate account he also controlled.
Acting United States Attorney Joshua S. Levy; Acting Assistant Attorney General Nicole Argentieri of the Justice Department’s Criminal Division; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Sutton Police Chief Dennis J. Towle made the announcement. Assistant U.S. Attorney Kristen Noto of the Worcester Branch Office and William Clayman of the Justice Department’s Child Exploitation and Obscenity Section prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Sudbury Man Sentenced to more than Five Years in Prison for Child Pornography OffensesRead the Press Release
BOSTON – A Sudbury man was sentenced yesterday in federal court in Boston for child pornography charges.
Tyson Tu, 51, was sentenced by U.S. District Court Judge Denise J. Casper to 65 months in prison and five years of supervised release. In May 2023, Tu pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography.
In May 2020, Tu was identified as the subscriber of an IP address downloading child pornography from a peer-to-peer file sharing network. During an April 2021 search of Tu’s residence, multiple electronic devices were seized – one of which was actively downloading and sharing child pornographic files at the time. Three of the seized devices were found to contain approximately 1,000 child pornographic images and approximately 95 child pornographic videos, which Lu downloaded between approximately February through April 2021.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Sudbury Police Chief Scott Nix made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of the Major Crimes Unit prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Starkville Man to Serve 5 Years in Prison for Possessing a Glock SwitchRead the Press Release
Oxford, Mississippi – A Starkville man was sentenced on Thursday to 5 years in prison for possession of a Glock handgun with a fully automatic conversion device.
According to court documents, Tyquerius Doss, 20, previously pled guilty to possession of a machinegun, that is, a Glock, model 19C, 9mm handgun with a fully automatic conversion device commonly referred to as a “Glock switch.” On August 10, U.S. District Court Judge Michael P. Mills sentenced Doss to 60 months imprisonment followed by a 3-year term of supervised release.
“Federal law prohibits anyone from possessing an unlicensed machine gun, which is what a Glock with a switch becomes,” said U.S. Attorney Clay Joyner. “The potential for deadly violence increases exponentially when criminals possess automatic weapons, and we will continue to do all we can to remove the criminals and the illegal machine guns from the street. We commend the FBI, ATF, and the Starkville Police Department for their joint efforts to make our streets safer.”
“The FBI is committed to ensuring the safety of the public,” remarked FBI Special Agent in Charge Jermicha Fomby. “When individuals, like Mr. Doss, deliberately alter the firing ability of otherwise-legal firearms to change their intended use, this becomes a danger to society. It is imperative the FBI partners with the U.S. Attorney's Office and our local partners to investigate and prosecute these violations to the fullest extent of the law.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, and the Starkville Police Department. AUSA Robert Mims 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.
Southern California Resident Indicted for Trafficking 150,000 Fentanyl PillsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment Thursday against Pantalion Lopez-Zavala, 30, of Hesperia, charging him with possession with intent to distribute fentanyl, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on July 12, 2023, Lopez-Zavala traveled from Southern California to the Central Valley to deliver 150,000 fentanyl pills to a buyer, who was in fact an undercover officer. The undercover officer negotiated the deal with two individuals who used Mexican telephone numbers. One of those individuals connected the undercover officer with Lopez-Zavala for completion of the deal. Lopez-Zavala arrived at the meeting with the fentanyl pills and was arrested shortly after delivering them.
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, Lopez-Zavala faces a maximum statutory penalty of up to 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
San Diego Man Charged with $4 Million Covid-Related Loan Fraud and Money LaunderingRead the Press Release
NEWS RELEASE SUMMARY – August 11, 2023
SAN DIEGO – Denny Bhakta of San Diego was arraigned in federal court today on additional charges that he fraudulently obtained $4 million in Paycheck Protection Program loans through several entities he managed and controlled. Bhakta was first indicted in December 2021 for defrauding investors in his companies; a grand jury returned a superseding indictment this week that includes additional charges.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was enacted to provide emergency financial assistance to Americans suffering economic harm as a result of the COVID-19 pandemic. The CARES Act established the Paycheck Protection Program known as PPP, under which banks would make forgivable loans to small businesses, so that those businesses could keep their doors open and employees on their payroll. If a business used the money for payroll and other eligible business expenses, the loans would be forgiven, and the federal government’s Small Business Administration would pay back the bank.
According to court documents, Bhakta applied for and received at least 18 PPP loans on behalf of four entities he managed and controlled, including Fusion Hotel Management, LLC; Fusion Hospitality Corporation; True Vine Hospitality LLC; and Manu Bhakta Foundation. According to charging documents, his loan applications contained lies and false promises. He misrepresented the entities’ number of employees and average monthly payroll expense, his ownership of other businesses, and whether the PPP loan funds would be used for payroll and other eligible expenses. Bhakta did not use the money as promised; instead, he used the funds to make credit card payments, pay large expenses at casinos, and make cash withdrawals, according to the superseding indictment. He also allegedly used some of the money to perpetuate an investment fraud scheme.
Bhakta was originally charged with securities fraud and money laundering for running an investment fraud scheme that took in at least $28 million from investors since 2016. According to court documents and statements made in court, Bhakta solicited investments in his companies, Fusion Hotel Management, LLC and Fusion Hospitality Corporation. Bhakta falsely told investors that Fusion routinely acquired discounted blocks of hotel rooms from Hilton, which Fusion then sold to United Airlines at a higher price for a significant profit. Instead of buying blocks of hotel rooms with investors’ funds, however, Bhakta used the money for personal expenses and to make payments to other investors.
“The Paycheck Protection Program served as a lifeline to many businesses desperately trying to stay afloat during the pandemic,” said Acting U.S. Attorney Andrew R. Haden. “Anyone who abused this critical program will be held accountable.”
DEFENDANT Case Number 21-CR-3352-JLS
Denny Bhakta Age: 41 San Diego, CA
SUMMARY OF CHARGES
Securities Fraud – Title 15, U.S.C., Sections 78j(b), 78ff, and Title 17, C.F.R., Section 240.10b-5
Bank Fraud – Tile 18, U.S.C. Section 1344(2)
Money Laundering – Title 18, U.S.C., Section 1957
Maximum penalty: Thirty years in prison
AGENCY
Federal Bureau of Investigation
Securities and Exchange Commission
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
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, among other methods, 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.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Saint Bernard Parish Man Indicted for Violations of the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – Yesterday, a federal grand jury in New Orleans, Louisiana returned a two-count indictment charging a man for violations of the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to court documents, ROBERT C. METZLER, age 59, is charged in Count 1 with conspiracy to distribute and possess with intent to distribute carisoprodol, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846. In Count 2, METZLER is charged with possession with intent to distribute fentanyl, heroin, cocaine, oxycodone, and marijuana, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B), and 841(b)(1)(C).
If convicted of Count 1, METZLER faces up to 20 years imprisonment, up to a $1,000,000 fine, at least 3 years of supervised release, and a mandatory special assessment fee of $100. If convicted of Count 2, METZLER faces a mandatory minimum sentence of 5 years and up to 40 years imprisonment, up to a $5,000,000 fine, at least 4 years of supervised release, and a mandatory special assessment fee of $100.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration, the United States Postal Inspectors Office, and the Saint Bernard Parish Sheriff’s Office. The prosecution of this case is being handled by Assistant United States Attorney Lynn E. Schiffman of the Narcotics Unit.
Pittsburgh Resident Pleads Guilty to Violating Federal Firearm LawsRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court on charges of violating federal firearms laws, United States Attorney Eric G. Olshan announced today.
On July 8, 2021 and on April 27, 2022, Gerald Harrison, age 23, intentionally made false statements in connection with the purchase of firearms in order to deceive the federally licensed firearms dealers into believing that Mr. Harrison was purchasing these firearms for himself when, in fact, Mr. Harrison was purchasing these firearms for other persons.
The law provides for a term of imprisonment of not more than (10) ten years, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Carl J. Spindler is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Pine Ridge Man Sentenced to 14 years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Second-Degree Murder – Aiding and Abetting. The sentencing took place on August 11, 2023.
Lance Wahokiza Red Cloud, 28, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay $100 special assessment to the Federal Crime Victims Fund.
Red Cloud was indicted for Second Degree Murder – Aiding and Abetting by a federal grand jury in September of 2022. He pleaded guilty on May 26, 2023.
The charge related to Red Cloud and two other individuals beating Robert Lynn Jumping Eagle to death in November of 2021 in Pine Ridge, South Dakota.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Red Cloud was immediately remanded to the custody of the U.S. Marshals Service.
Orlando Man Sentenced to More Than Six Years in Federal Prison for Bribery of Public Official, COVID-19 Fraud, and Enticement of ProstitutionRead the Press Release
Orlando, FL – United States Attorney Roger B. Handberg announces that U.S. District Judge Gregory A. Presnell has sentenced Nabil Dajani (57, Orlando) to six years and six months in federal prison for conspiracy to bribe a public official, submit a false claim, commit theft of government property, and commit wire fraud; submission of a false claim; and enticement of another to travel for prostitution. Dajani pleaded guilty to these offenses on May 23, 2023.
According to court documents, Dajani conspired with an employee of the U.S. Small Business Administration (SBA) to submit fraudulent applications for COVID-19 Economic Injury Disaster Loans (EIDLs) and paid the SBA employee bribes and kickbacks in order to get the fraudulent EIDL loans approved. As a part of this scheme, Dajani submitted fraudulent loan applications for two ineligible businesses and recruited others, including former Seminole County Tax Collector Joel Greenberg, to also submit false applications for EIDL loans and to pay the SBA employee bribes and kickbacks.
Additionally, between September 2016 and October 2016, Dajani aided and abetted another individual in persuading, inducing, and enticing two adult victims to travel in interstate commerce, specifically between North Carolina and the Middle District of Florida, to engage in prostitution.
This case was investigated by the U.S. Small Business Administration, the United States Secret Service, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Amanda Daniels and Chauncey A. Bratt.
Orange County Felon Convicted of Kidnapping at Gunpoint Girlfriend from a Port St. Lucie Group HomeRead the Press Release
MIAMI – A federal jury has convicted Marques Deon Jones, 41, of Orange County, of kidnapping, and two felon in possession of a firearm charges, after a three-day trial before U.S. District Court Senior Judge James I. Cohn, sitting in Fort Pierce.
On August 14, 2022, Jones pistol-whipped his girlfriend, an employee of a Port St. Lucie group home located near SE Walton Road and forced her to leave with him in her vehicle. A group home supervisor, who witnessed the kidnapping, notified Port St. Lucie Police Department, who was able to identify Jones.
The following day the U.S. Marshals Florida Regional Fugitive Task Force located Jones outside a private residence in Fort Pierce and arrested him. During the trial, witnesses testified that as task force officers approached Jones, he retrieved a firearm from a parked car and attempted to flee. The jury watched footage from a body worn camera showing Jones admitting that he retrieved the firearm because he wanted officers to shoot and kill him.
Jones is scheduled for sentencing on October 2 before U.S. District Court Senior Judge Cohn. He faces a possible maximum sentence of life in prison.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, and U.S. Marshal Gadyaces S. Serralta of the U.S. Marshals Service (USMS), made the announcement.
ATF Fort Pierce Field Office and USMS investigated the case, with assistance from the St. Lucie County Sheriff’s Office, Port St. Lucie Police Department, and the Fort Pierce Police Department. Assistant U.S. Attorneys Breezye Telfair and Justin Hoover are prosecuting the case.
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-cr-14069.
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Nurse Practitioner Pleads Guilty to Unlawful Drug DistributionRead the Press Release
ALBANY, NEW YORK – Danielle Simonson, age 51, of Fort Ann, New York, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.
The announcement was made by United States Attorney Carla B. Freedman; Special Agent in Charge Frank A. Tarentino III, U.S. Drug Enforcement Administration (DEA), New York Division; and Special Agent in Charge Naomi Gruchacz, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Office of Investigations.
Simonson admitted that from at least January 2020 through October 2022, she unlawfully prescribed controlled substances to a total of 54 patients. These included prescriptions for the opioids hydrocodone and oxycodone, benzodiazepines (clonazepam, diazepam, and lorazepam), and amphetamine (e.g. Adderall). For instance, Simonson admitted that she issued a total of 63 oxycodone prescriptions to two residents of Suffolk County, New York, without treating either of them for a medical condition. The Suffolk County residents usually paid Simonson by mailing her packages of cash.
In the civil settlement agreement, Simonson admitted that she improperly prescribed controlled substances to 105 patients (including the 54 listed in her criminal plea agreement), often without ever examining patients and maintaining medical records justifying her decision to prescribe controlled substances. Simonson agreed to pay $200,000 to settle claims that the United States could have brought against her pursuant to the Controlled Substances Act.
In the criminal case, sentencing is scheduled for December 15, 2023 before United States District Judge Anne M. Nardacci. Simonson faces up to 20 years in prison and a fine of up to $1 million, as well as up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Simonson’s plea agreement requires that she immediately surrender her nurse practitioner and nursing licenses to the State of New York. On December 8, 2022, Simonson surrendered her DEA registration (which had allowed her to prescribe controlled substances).
The DEA and HHS-OIG investigated the criminal case, with assistance from the New York State Bureau of Narcotic Enforcement.
Assistant U.S. Attorney Michael Barnett is prosecuting the criminal case and Assistant U.S. Attorney Christopher R. Moran represented the United States in the civil matter.
Mississippi Man Charged with Attempted Receipt of Materials Involving the Sexual Exploitation of Minors and Transfer of Obscene Material to a MinorRead the Press Release
NEW ORLEANS, LA – AVERY FREEL (“FREEL”), age 21, of Ocean Springs, MS, was charged on August 10, 2023 in a two-count indictment for Receipt of Materials Involving the Sexual Exploitation of Minors in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and (b)(2) and Transfer of Obscene Material to a Minor in violation of Title 18, United States Code, Section 1470, announced U.S. Attorney Duane A. Evans.
If convicted of Attempted Receipt of Materials Involving the Sexual Exploitation of Minors, FREEL faces a mandatory minimum sentence of five (5) years up to a maximum of twenty (20) years imprisonment, and/or a fine of up to $250,000.00, or the greater of twice the gross gain to the defendant or twice the gross loss to any person of the offense under Title 18, United States Code, Section 3571. If convicted of Transfer of Obscene Material to a Minor, FREEL faces a maximum sentence of ten (10) years imprisonment, and/or a fine of up to $250,000.00, or the greater of twice the gross gain to the defendant or twice the gross loss to any person of the offense under Title 18, United States Code, Section 3571. In addition, FREEL faces a term of supervised release of no less than five (5) years and up to life after his release from prison, as well as a mandatory special assessment fee of $100 per count.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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 United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the U.S. Department of Homeland Security, Homeland Security Investigations, the Hammond Police Department, and the Louisiana Bureau of Investigations with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit.
Mexican National Pleads Guilty to Illegal Reentry of Deported AlienRead the Press Release
NEW ORLEANS – ENRIQUE MORALES-RODELO, age 27, a citizen of Mexico, pleaded guilty on August 3, 3023, to illegal reentry of a deported alien in violation of Title 8, United States Code, Section 1326(a), announced U.S. Attorney Duane A. Evans.
According to court documents, MORALES-RODELO was encountered in the United States on or about January 10, 2023, after having been previously deported on or about July 4, 2019.
At sentencing, MORALES-RODELO faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment fee. U.S. District Judge Carl J. Barbier set sentencing for November 9, 2023.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorneys Spiro G. Latsis and Troy Bell of the General Crimes Unit are in charge of the prosecution.