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8 August 2023
City of Charlottesville, Albemarle County, University of Virginia Become Project Safe Neighborhoods CommunitiesRead the Press Release
CHARLOTTESVILLE, Va. –The Department of Justice’s Executive Committee for Project Safe Neighborhoods has unanimously approved the addition of the greater Charlottesville-Albemarle County-University of Virginia region into the program.
Project Safe Neighborhoods (PSN) is a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, community-based partners, and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
“Confronting gun violence in the vibrant communities of Charlottesville, Albemarle County, and the University of Virginia demands a collaborative approach that harnesses the strength of all federal, state, and local stakeholders,” United States Attorney Christopher R. Kavanaugh said today. “By forging a united front, we can strike at the root of this pressing issue, ensuring safer streets and fostering a resilient community where every individual can thrive, free from the shadows of violence.”
“Addressing the complex issue of gun violence requires us to not just react to crime, but to also pro-actively partner with our community and our law enforcement partners. I thank United States Attorney Chris Kavanaugh for his steadfast support in addressing gun violence in our community. The safety of our residents requires a robust, thoughtful, and strategic, multi-faced approach. We will continue to work tirelessly to ensure the safety of all those who live, work, and visit the City of Charlottesville,” Charlottesville Police Chief Mike Kochis said today.
“The Albemarle County Police Department is committed to working with Project Safe Neighborhood partners to identify the most pressing issues impacting our community and develop comprehensive solutions to make this region a safer place for everyone,” said the Albemarle County Police Department Chief of Police Colonel Sean Reeves. “Leveraging the resources and expertise of federal, state, local, and tribal partners, will provide our entire community the best opportunity to respond to and prevent violent crime in our area.”
“We are incredibly proud to be part of a partnership that not only seeks to reduce violence in our community but fully embraces the important of community engagement, thoughtful collaboration with stakeholders, and the irrefutable importance of preserving a safe and health community,” said Tim Longo, Associate Vice President for Safety and Security, and University Chief of Police.
PSN follows four key design elements of successful violent crime reduction initiatives: community engagement, prevention, and intervention, focused and strategic enforcement, and accountability.
In addition, PSN communities are eligible to apply for DOJ grant funds.
For more information about PSN, please visit: https://bja.ojp.gov/program/project-safe-neighborhoods-psn/overview.
Caldwell Man Sentenced to over 11 Years in Federal Prison for Possession of Child PornographyRead the Press Release
BOISE – Richard Alan Stansell, 53, of Caldwell, was sentenced to 135 months in federal prison for possession child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, in October 2021, the Idaho Internet Crimes Against Children (ICAC) Task Force began investigating CyberTip reports from Google, Instagram, and Facebook. According to the reports, several online accounts had been used to upload child pornography. ICAC’s investigation revealed that the accounts belonged to Stansell. ICAC also learned that the Idaho State Police had an active investigation involving Stansell. As part of that investigation, Stansell had communicated online with two undercover detectives posing as 13-year-old females. During the online communications, Stansell engaged in sexually explicit conversation with the purported children and sent them pictures of his penis and other pornographic images.
ICAC obtained a federal search warrant to seize and search Stansell’s electronic devices. In May 2022, ICAC, and other members of law enforcement, executed the search warrant and seized Stansell’s cellphone. A forensic examination of the cellphone revealed numerous images and videos of child pornography and evidence that Stansell had traded files of child pornography with other individuals online. Investigators also located evidence that Stansell had been communicating with juveniles. During an interview, Stansell admitted to receiving, viewing, and distributing images of child pornography. Stansell also admitted to chatting online with underage girls and to receiving explicit images from them.
“The defendant’s illegal and harmful conduct in this case is deserving of the significant sentence imposed,” said U.S. Attorney Hurwit. “Other offenders tempted to produce, obtain, or share child pornography should know that they cannot hide. Our office and our law enforcement partners, including the ICAC Task Force, are laser-focused on prosecuting to the fullest extent anyone who would victimize children, and our collaborative efforts in these critical investigations are second to none.”
“I am proud of the work done by our office in cooperation with the U.S. Attorney, Idaho State Police, and the Caldwell Police Department. The ICAC unit has been instrumental in protecting children by putting offenders away. Furthermore, I want to thank the law enforcement professionals in the state and U.S. Attorney Josh Hurwit for the diligent work that resulted in the conviction of Mr. Stansell,” Idaho Attorney General Labrador said.
U.S. District Judge Amanda Brailsford also sentenced Stansell to 16 years of supervised release, which will start upon completion of his prison sentence, and entered an order forfeiting the cellphone that was used to commit the offense. Stansell was ordered to pay $3,000 in restitution to the victims in the images that he possessed. Stansell will also be required to register as a sex offender as a result of the conviction and pay a $5,100 special assessment to the Court.
U.S. Attorney Hurwit commended the cooperative efforts of the ICAC Task Force, the Idaho Attorney General’s Office, the Idaho State Police, and the Caldwell Police Department, which led to the charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Bronx Man Receives 70 Months for Heroin and Fentanyl ConvictionsRead the Press Release
ALBANY, NEW YORK – Gilberto Velasquez, age 38, of the Bronx, New York, was sentenced today to 70 months in prison for conspiring to traffic heroin and fentanyl from New York City to the Capital Region, and for distributing heroin.
United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA), made the announcement.
In pleading guilty, Velasquez admitted to organizing a conspiracy that trafficked approximately 89 grams of heroin and 10 grams of fentanyl from New York City to the Capital Region, while he was on parole from a state prison term. Velasquez, operating out of New York City, sold quantities of heroin bags and fentanyl-laced pills to customers in the Capital Region using “runners” to transport the controlled substances via commercial bus lines.
United States District Judge Glenn T. Suddaby also ordered Velasquez to serve a 3-year term of supervised release after he is released from prison.
The DEA and the Colonie Police Department investigated this case, and Assistant U.S. Attorney Emmet O’Hanlon prosecuted it.
Boston Man Sentenced for Armed Robbery of Postal WorkerRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for the armed robbery of a United States Postal Service (USPS) letter carrier in Massachusetts.
Anthony Diaz, 20, was sentenced by U.S. District Court Judge Angel Kelley to four years in prison and three years of supervised release. In April 2023, Diaz pleaded guilty to forcibly assaulting, resisting, opposing, impeding, intimidating and interfering with a United States Postal employee, while they were engaged in the performance of their official duties, and did so by use of a deadly weapon, a firearm; and assaulting a person having lawful charge, custody and control of United States mail, money and other property of the United States, with the intent to rob, steal and purloin that mail, money and other property of the United States, and in doing so put the life of that victim in jeopardy by the use of a firearm.
USPS has seen a rise in the use of Arrow Keys to facilitate the theft of U.S. Mail. An Arrow Key is a specific key designed to open designated blue USPS collection boxes in a specific area. These Arrow Keys are the property of USPS, and it is a federal offense for an unauthorized person to possess one. Since July 2022, there have been at least 12 assaults on USPS letter carriers while in the performance of their official duties in Boston and surrounding cities and towns.
In January 2023, in Peabody, Mass., Diaz approached a USPS letter carrier and stated, “Give me the keys,” while pointing a semi-automatic pistol at the victim. After the victim handed Diaz the USPS vehicle key, Diaz responded, “Give me the rest of the key,” and “Hurry up or I’ll shoot you.” The victim removed his keychain, which was attached to his belt, containing his USPS Arrow Key and asked if he could have his vehicle key back. Diaz did not respond, placed the firearm in his right jacket pocket and departed in a nearby vehicle.
Acting United States Attorney Joshua S. Levy and Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the U.S. Postal Service, Office of the Inspector General. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
Beloit Man Sentenced to 11 Years for Possessing Cocaine for DistributionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Depronce Burnett, 39, Beloit, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 11 years in federal prison for possessing with intent to distribute 500 grams or more of cocaine. This prison term will be followed by a 4-year term of supervised release. Burnett pleaded guilty to this charge on May 11, 2023.
In the fall of 2021, Burnett distributed cocaine and methamphetamine in Rock County, Wisconsin, primarily out of his home in Beloit. Even after his arrest by the Beloit Police Department on September 30, 2021, Burnett directed the further sale of cocaine and methamphetamine from the jail by calling his wife, Dominique Holsten. The sales continued until police executed search warrants at their Beloit home on October 27, 2021. During the search, officers found hidden stashes of illegal narcotics, including more than 900 grams of cocaine and over 500 grams of methamphetamine, in addition to $87,000 in U.S. currency.
Burnett had an extensive history of trafficking in narcotics, for which he had served short sentences in state prison. In sentencing Burnett, Judge Conley noted that Burnett had no real employment history in nearly 20 years except for selling drugs. Conley said that although Burnett had numerous opportunities to go in a different direction, Burnett escalated his dealing to a level that did damage to the entire community. Conley said that a significant sentence was necessary because Burnett was a risk to the public, as none of his prior sentences had an impact on his choice to deal narcotics.
Burnett’s wife, Dominique Holsten, is scheduled to be sentenced by Judge Conley on August 15 for her role in facilitating the distribution of drugs after Burnett’s arrest.
The charge against Burnett was the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation, the Beloit and Janesville Police Departments, and the Drug Enforcement Administration. The prosecution of this case has been handled by Assistant U.S. Attorney Robert A. Anderson.
Barbados Resident Who Allegedly Posed as Ivy Leaguer with Wall Street Experience Charged with Running $3.1 Million Stock ScamRead the Press Release
SANTA ANA, California – A convicted felon who allegedly posed as an experienced Wall Street stock trader has been charged with running a securities scam that caused victim investors to lose approximately $3.1 million, the Justice Department announced today.
Christopher Anthony Slaga, 50, a.k.a. “Keith Renko,” was charged with eight counts of wire fraud in an indictment filed on August 2. Slaga is currently a fugitive being sought by authorities.
According to the indictment, from at least March 2018 through this year, Slaga operated several companies, including JMC 4 Group LLC and Q4 Capital Group LLC, that purportedly trading businesses that implemented “different strategies for long-term and short-term gains” through “a bifurcated trading approach.” In addition to being the president and CEO of these companies, Slaga – using his “Keith Renko” alias – purportedly ran JMC 4 and Q4 Capital’s East Coast operations and trading desk before establishing a West Coast office and a trading desk in Newport Beach.
Using private placement memoranda (PPM) – securities disclosure forms issued by companies engaging in private securities offerings – as well as websites, emails and telephone calls, Slaga allegedly solicited individual investors to make capital commitments of at least $25,000 to his companies, falsely telling them that he was running a hedge fund for lay people.
Slaga promised victims he would use their money to invest in a broad range of securities by using a proprietary computer-based quantitative and statistical algorithm through brokerage accounts at JPMorgan and Goldman Sachs, the indictment alleges. His purported investment objective was to “maximize total return on capital by seeking capital appreciation,” according to the indictment.
In each of the PPMs, Slaga allegedly falsely claimed he personally made capital investments of at least $2 million into his companies, and that he was a “seasoned trader,” who previously worked at Merrill Lynch and who was a Dartmouth College graduate.
Slaga allegedly failed to disclose as required to investors that in 2003 he was convicted of wire fraud in the Southern District of Texas, was sentenced to four years in federal prison, and was ordered to pay $19,665,300 in restitution.
Slaga allegedly never invested the victim investors’ money in JMC 4 and Q4 Capital. Instead, he used it to repay other investors, pay commissions, and for his own personal expenses, such as rent, loan and credit card payments, personal stock trading, and private school payments, according to the indictment. He allegedly also produced bogus documentation purportedly from Deloitte, JPMorgan and Goldman Sachs to show investors false holdings and fabricated returns.
In total, Slaga caused 13 investors to lose approximately $3.1 million, according to the indictment.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted of all charges, Slaga would face a statutory maximum sentence of 20 years in federal prison for each wire fraud count.
The United States Securities and Exchange Commission on Monday filed a lawsuit against Slaga in connection with the alleged scheme to defraud investors.
The FBI is investigating this matter.
Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office is prosecuting this case.
Atlantic County Man Charged with Possessing Destructive DevicesRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man was charged today with possessing destructive devices, U.S. Attorney Philip R. Sellinger announced.
Robert J. Moser, 31, of Mays Landing, New Jersey, was charged by complaint with one count of possessing destructive devices. He is scheduled to appear today before U.S. Magistrate Judge Matthew J. Skahill in Camden federal court.
According to documents filed in this case and statements made in court:
On March 17, 2023, law enforcement officers responded to Moser’s residence after receiving a 911 call that Moser was unconscious after a possible drug overdose. One of the officers who responded to assist Moser in his bedroom observed in plain view numerous suspicious devices covered in tape with exposed fuses. Officers secured the scene and recovered at least two destructive devices. One of the destructive devices contained explosive powder, metal ball bearings, and metal eye hooks, and a second destructive device contained explosive powder and metal dart tips.
The possession of a destructive device charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000.
U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller; officers of the Township of Hamilton Police Department, under the direction of Chief Gregory K. Ciambrone; members of the Atlantic City Police Department Bomb Squad, under the direction of Chief James A. Sarkos; and personnel from the Atlantic City Prosecutor’s Office, under the direction of Prosecutor William Reynolds, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
moser.complaint.pdfAnchorage Man Charged with Child Exploitation OffensesRead the Press Release
ANCHORAGE, Alaska – A man was arrested early Saturday morning in Anchorage on criminal charges related to his alleged involvement with attempted enticement of a minor, attempted production of child pornography and possession of child pornography depicting a minor under 12 years of age.
According to court documents, Benjamin Roundy, aka “Aleks” or “Alekzander Marko”, 41, of Anchorage, attempted to produce child pornography and coerce a minor to engage in sexually explicit actions through communications on a messaging app and text messages. He is also charged with allegedly possessing child pornography on his cell phone.
Roundy is charged with attempted coercion and enticement of a minor in violation of 18 U.S.C. §2422(b), attempted production of child pornography in violation of 18 U.S.C. §2251(a), and possession of child pornography depicting minors who have not attained 12 years of age in violation with 18 U.S.C. §2252A(a)(5)(b) and (7)(b)(2). If convicted, Roundy faces a mandatory minimum penalty of 15 years in prison and a maximum life term in prison following conviction on all counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker for the District of Alaska; and Special Agent in Charge Antony Jung of the FBI Anchorage Field Office made the announcement.
The FBI’s Child Exploitation and Human Trafficking Task Force is actively investigating the case. If anyone has any information concerning Roundy’s alleged actions or may have encountered someone using the name “Aleks” in person, via text message or on an online messaging app, please contact the FBI Anchorage Field Office at (907) 276-4441 or anonymously online at tips.fbi.gov.
Assistant U.S. Attorney Adam Alexander is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Albuquerque Man Sentenced to 4 Years in Prison for 2022 Robbery of a Mail CarrierRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Glen Hendersen, Acting Inspector in Charge of the Phoenix Division of U.S. Postal Inspection Service, announced that Daniel Trujeque was sentenced to 4 years in prison. Trujeque, 30, of Albuquerque, pled guilty on March 21, 2023, to Letter Carrier Armed Robbery.
According to court documents, on January 11, 2022, a Letter Carrier delivering mail and parcels to a Neighborhood Box Unit noticed a car drive by before turning around and parking along the curb near the Neighborhood Box Unit. A young man exited the back passenger side of the vehicle. and watched the Letter Carrier finish delivering the mail, then pulled out a handgun and demanded she hand over the mail keys. The Letter Carrier complied, and the young man returned to the vehicle before it dove away from the area.
The Letter Carrier was able to give the Postal Inspectors a description of the young man, the vehicle, and a partial license plate for the vehicle. The Albuquerque Police Department assisted in the investigation and determined the vehicle had been reported stolen that day and had been involved in similar activities throughout the day. Postal Inspectors were able to obtain footage of the incident involving the Letter Carrier, as well as surveillance footage from an attempted burglary and footage of the young man and two accomplices attempting a fraudulent transaction using debit and credit cards at Walmart on the same day.
The Postal Inspection Service released a Reward Poster and received multiple tips identifying the young man as Daniel Trujeque. On April 5, 2022, Postal Inspectors interviewed Trujeque and he admitted to robbing the mail carrier.
Upon his release from prison, Trujeque will be subject to 5 years of supervised release.
The U.S. Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.
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23-174
7 August 2023
Virginia woman sentenced for federal firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Hope Julia Clemons, age 33, of Norfolk, Virginia, was sentenced today to 63 months in prison for making a false statement during the purchase of firearms.
According to court documents and statements made in court, Clemons illegally purchased firearms in the Eastern Panhandle to be trafficked in the Washington, D.C. area. On at least two occasions, Clemons purchased firearms at gun dealers in Berkeley County, falsely stating on the required forms that the weapons were for her personal use. Clemons then gave the firearms to co-defendant Tyrone Greenfield to sell in the greater Washington, D.C. area. Clemons used a West Virginia state identification, secured by Greenfield, to make the purchases. Greenfield was sentenced earlier this year to 110 months in federal prison.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government.
The case was investigated by the FBI; U.S. Marshals Service; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the West Virginia Air National Guard; the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Harpers Ferry Police Department, and the Metropolitan Police Department of Washington, D.C. The EPDTF consists of the West Virginia State Police, Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, Ranson Police Department, the Charles Town Police Department, and the Martinsburg Police Department.
U.S. District Judge Gina M. Groh presided.
Read more about the initial indictment: https://www.justice.gov/usao-ndwv/pr/west-virginia-maryland-and-washington-dc-residents-indicted-firearms-and-drug
Utah Resident Pleads Guilty to Animal Crushing and Posting the Torture on YouTubeRead the Press Release
Salt Lake City, Utah – A Davis County man pleaded guilty today to animal torture via animal crushing and posting multiple videos of the animal crushing on YouTube while in the District of Utah.
According to court documents, in October 2021, Samuel J. Webster, 20, of Farmington, Utah purposefully engaged in animal crushing by purchasing a male guinea pig from a pet supply store in Farmington, Utah. Webster purposefully subjected the guinea pig to serious bodily injury by hitting, sexually coercing, and penetrating the guinea pig and then posting it on YouTube, titling the video “Porn.” Webster further admitted, the guinea pig was obtained in interstate commerce for the purpose of creating and distributing YouTube videos around the world that he made of himself torturing and killing the guinea pig.
Webster pleaded guilty to distribution of animal crush video and animal crushing. He is scheduled to be sentenced on December 11, 2023, at 8:30 a.m. in courtroom 8.3 at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement.
The FBI Salt Lake Field Office is investigating the case.
Assistant United States Attorney Melina Shiraldi of the District of Utah is prosecuting the case.
If you are aware of animal cruelty, please report it to law enforcement or call 1-800-CALL-FBI or leave a tip at tips.fbi.gov.
U.S. Attorney Takes Oath of Office at Investiture CeremonyRead the Press Release
WICHITA, KAN. – The U.S. Attorney’s Office -District of Kansas held an investiture ceremony at the Wichita U.S. Courthouse for U.S. Attorney Kate E. Brubacher. Chief Judge Eric F. Melgren administered the oath.
U.S. Attorney Brubacher was officially sworn in to serve as the presidentially-appointed and U.S. Senate-confirmed U.S. Attorney on March 10, 2023, by United States District Judge Julie Robinson. An investiture is a more formal, ceremonial event to mark Brubacher’s appointment. Judges, former U.S. Attorneys, law enforcement, and community members attended on August 4, 2023, at the federal courthouse for the occasion. Brubacher is the first woman to hold the position. Seven former U.S. Attorneys gathered to celebrate the District and mark the historic event with a photo.
“Along with expressing my gratitude for the honor of this role,” Brubacher said, “I want to assure the People of the District and this Court that fairness, equality, and impartiality are the guiding principles of the USAO in Kansas.”
Brubacher also thanked partners and the community for joining the USAO as they “protect the public in their safety and rights, and uphold the rule of law.”
United States District Chief Judge, the Honorable Eric. F. Melgren presided over the event. The ceremony also included remarks by Jon Gering, Raylene Hinz Penner and Jill Docking, who are personal and professional mentors to Brubacher. Dale Schrag gave the invocation and Brubacher’s children participated in the event as well.
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U.S. Attorney Announces Civil Complaint Against Shelby County Property Owner for Environmental Cleanup CostsRead the Press Release
Memphis, TN – The United States today announced the filing of a civil complaint in the United States District Court for the Western District of Tennessee against Shelby County property owner Minor David Madison, Jr. Madison owns land tracts at 3517 and 3523 Southern Avenue, Memphis, Tennessee — properties that housed successive dry-cleaning businesses over the years, including the former Custom Cleaners.
According to the complaint, Madison leased the property to several dry-cleaning operators beginning in 1966. Those operators are alleged to have disposed of solvents, such as perchloroethylene and trichloroethene, at the site while Madison owned the property.
In June 2013, the Tennessee Department of Environment and Conservation (TDEC) received complaints about chemical vapor smells and abandoned barrels of chemicals at the property. TDEC sampling detected high concentrations of hazardous substance vapors in the subsurface, migrating soil gasses that would pose a threat to neighboring properties, and a plume of contaminated groundwater threatening the aquifer that supplies drinking water to Memphis and other local municipalities.
United States Attorney Kevin Ritz said: “Clean air and safe drinking water are basic building blocks for a healthy and just Memphis. More than 20 years after the last dry cleaners on this property shuttered, residents are still living with toxic gasses in the soil and water above the level considered safe by federal standards. This is the first step in making sure those same residents don’t have to foot the bill for bringing their community back to a healthy standard.”
The lawsuit seeks recovery of all costs incurred by the Environmental Protection Agency under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9607. CERCLA, commonly known as Superfund, provides the United States with a way to recover the costs of responding to a release or threatened release of hazardous substances by imposing liability on property owners. In 2017, the EPA added Madison’s properties to the Superfund’s National Priorities List, a list of the most serious sites requiring response actions. For more about the Former Custom Cleaners Superfund site, see https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0402275.
EPA has been performing response actions since 2016 and will continue to conduct response actions in the future to abate hazards posed by the site.
This case is being handled for the government by Assistant United States Attorney Audrey Calkins and attorneys with the Department’s Environment and Natural Resources Division.
The charges and allegations contained in the complaint are merely accusations of unlawful conduct; the allegations must be proven in federal court.
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Two Teens Sentenced to Federal Prison for Attempting to Smuggle AK-47-Style Rifles into MexicoRead the Press Release
TUCSON, Ariz. – Manuel De Jesus Guzman, 19, of Rio Rico, Arizona, and Joshua Francisco Mendez, 19, of Tucson, Arizona, were sentenced on June 21, 2023, and July 26, 2023, respectively, by United States District Judge James A. Soto. Guzman was sentenced to 18 months in prison and Mendez was sentenced to 12 months and one day in prison; both sentences will be followed by three years of supervised release. Guzman and Mendez pleaded guilty to Smuggling Goods from the United States.
Guzman and Mendez attempted to exit the United States and enter Mexico on June 7, 2022, through the pedestrian gate at the DeConcini Port of Entry in Nogales, Arizona. During a search at secondary inspection, Customs and Border Protection officers located four AK-47-style rifles taped to their bodies. Guzman and Mendez had two Romarms WASR-10 rifles, one Century Arms VSKA rifle, and one Century Arms BFT rifle.
The firearms that Guzman and Mendez intended to take across the border are prohibited from being exported from the United States into Mexico without a valid license. Neither Guzman nor Mendez had a valid license or any other lawful authority to export the firearms into Mexico.
Homeland Security Investigations, Department of Homeland Security conducted the investigation in this case. Assistant U.S. Attorneys Brandon Bolling and Micah Schmit, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-01487-JAS-MSA
RELEASE NUMBER: 2023-122_Mendez et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Trice Pleads Not Guilty During Arraignment in Wynter Cole-Smith CaseRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Rashad Maleek Trice, 26, was arraigned for kidnapping two-year-old Wynter Cole-Smith, resulting in her death and kidnapping a minor. Trice was charged by criminal complaint on July 7, 2023, to secure his immediate detention, and indicted on July 26 to satisfy his constitutional right to federal indictment by a grand jury. During today’s arraignment before Magistrate Judge Ray Kent, Trice was formally read the charges against him and pleaded not guilty.
“Today’s hearing marks yet another step ahead in the judicial process, and my office is fully prepared to make our case against Mr. Trice at a fair trial,” said U.S. Attorney Mark Totten. “My thoughts continue to be with the family as we seek a measure of justice following the heartbreaking loss of Wynter Cole-Smith.”
Trice is charged with two counts. The first count is kidnapping resulting in death, in violation of 18 U.S.C. § 1201(a)(1). If convicted, the statutory mandatory minimum sentence is life in prison. This offense is also death penalty eligible. The second count is kidnapping of a minor, in violation of 18 U.S.C. §§ 1201(a)(1) and (g)(1). If convicted, the statutory mandatory minimum sentence is 20 years in prison with a maximum possible sentence of life in prison.
"The sadness for those of us working the case is outmatched by our resolve and focus on the continued, careful work supporting the prosecution. Over 30 law enforcement agencies banded together on this case, culminating in tremendous heroism by those Eastpointe and St. Clair Shores Police Officers apprehending the accused and by those FBI Agents who recovered Wynter,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Thank you to all the federal, state, and local law enforcement agencies, and the women and men of the FBI for your relentless, courageous work. Thank you to the community for your help and support of law enforcement in this case," said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan.”
The charges in an arraignment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Three Romanians Sentenced in St. Louis for Nationwide FraudRead the Press Release
ST. LOUIS – Three Romanian citizens have been sentenced in St. Louis for running a “short-change fraud” in stores across the country.
U.S. District Judge Sarah E. Pitlyk on Monday sentenced Daniel Rostas, 30, to 15 months in prison and Loredana Angel, 35, to 10 months in prison. On May 31, Judge Pitlyk sentenced Legenda Rostas, 28, to two years in prison and ordered her to repay $224,666. Restitution amounts for Angel and Daniel Rostas have not yet been determined.
All three pleaded guilty earlier this year to felony charges of conspiracy to commit wire fraud and illegal reentry of an alien. All admitted engaging in sleight of hand to defraud Target stores for years while buying Visa gift cards. When purchasing the cards, they would display the full purchase price in cash, then fold over a portion and keep it while handing the rest of the money to store employees. They targeted younger or less experienced employees and wired the money they made to relatives in Romania.
Legenda Rostas was involved in $224,666 in fraud since 2017, her plea agreement says, with Angel admitting about $83,865 in fraud. Records show Daniel Rostas wired about $62,534 to Romania and elsewhere.
“Fraud is often mistaken for a victimless crime,” said acting Special Agent in Charge of the HSI Kansas City Area of Operations Taekuk Cho. “But when individuals commit these types of crimes, whether it be through heightened prices to recoup lost funds, employee layoffs, or a multitude of other possible losses to the economy, these criminals are most certainly victimizing consumers and businesses.”
Loredana Angel and Legenda Rostas told authorities that they are sisters and that the Rostas are married.
All three also admitted entering the country illegally after being removed from the United States before. Daniel Rostas has been removed twice.
The case was investigated by the Arnold Police Department and Homeland Security Investigations.
Three Men Charged with Conspiring to Distribute Nine Kilograms of CocaineRead the Press Release
BOSTON – Three men have been charged for their alleged roles in a cocaine distribution conspiracy.
Leonardo Lara, 43, and Leandro Martinez, 41, both of Lawrence; and Merced Navarro-Morfin, 42, of Lunenberg, were indicted on one count each of conspiracy to distribute and to possess with intent to distribute controlled substances.
With respect to Lara and Navarro-Morfin, the conspiracy is alleged to have involved five kilograms or more of cocaine. Martinez and Navarro-Morfin were also indicted on one count of possession with intent to distribute cocaine. Following initial appearances on Aug. 4, 2023, in federal court in Boston, Lara was detained pending a further hearing scheduled for Aug. 7, 2023. Martinez was released by the court on conditions. Navarro-Morfin will have an initial appearance in federal court in Boston on Aug. 9, 2023.
It is alleged that in April 2022, approximately $40,000 in suspected drug proceeds were seized from Lara’s vehicle following a traffic stop in Sturbridge. Shortly after Lara was released, Martinez and Navarro-Morfin allegedly travelled to a Methuen residence used by Lara, and removed eight kilograms of cocaine. Martinez and Navarro-Morfin also allegedly possessed approximately $196,000 in suspected drug proceeds and one additional kilogram of cocaine.
According to court records, Lara has two prior federal convictions. In 2017, Lara was convicted of money laundering and theft of public funds for which he was sentenced to 15 months in prison. In 2004, Lara was convicted in federal court of one count of bank robbery for which he was sentenced to two years’ probation. Navarro-Morfin was also convicted in federal court in Boston in 2015 of conspiracy to possess with intent to distribute and distribution of marijuana and cocaine, for which he was sentenced to 97 months in prison.
The charge of conspiracy to distribute controlled substances, involving five kilograms or more of cocaine, provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charges of conspiracy to distribute controlled substances and possession with intent to distribute cocaine provide for a maximum of 20 years incarceration, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance was provided by the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit is 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.
Sumner Woman Pleads Guilty to Bankruptcy ConcealmentRead the Press Release
A woman who hid an inheritance check from her creditors in bankruptcy court pled guilty today in federal court in Cedar Rapids. Debra S. Leisinger, age 58, from Sumner, Iowa, was convicted of one count of bankruptcy concealment.
In a plea agreement, Leisinger admitted that, on December 8, 2022, she filed for Chapter 7 bankruptcy in the United States District Court for the Northern District of Iowa, by means of sworn court filings. When a debtor files a petition seeking protection from creditors under the bankruptcy laws, a “bankruptcy estate” is created, which is comprised of all property belonging to the debtor, wherever located, and by whomever held, as of the time of the filing of the bankruptcy case, and debtors must truthfully disclose their assets to the court in their court filings. Leisinger admitted she fraudulently concealed in her filings that she was in possession of a $147,969.28 inheritance check on the date she filed for Chapter 7 bankruptcy. An attorney had handed Leisinger the check on December 1, 2022, but Leisinger did not immediately cash it. On December 16, 2022, Leisinger cashed the check into an account she controlled at a local credit union.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Leisinger remains free on bond previously set. Leisinger faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Federal Bureau of Investigation. The Office of the U.S. Trustee assisted the investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-2028.
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St. Charles Parish Man Charged with Firearm and Narcotics ViolationsRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced the August 4, 2023 indictment charging BRANDON D. HILL, age 30, of Boutte, Louisiana, with violations of the Federal Gun Control and Federal Controlled Substances Acts.
The grand jury returned an indictment charging HILL with three counts. As to Count 1, possession of a firearm as a felon, HILL faces a maximum 15 years in prison, up to a $250,000 fine, and up to three years of supervised release. As to Count 2, possession with the intent to distribute fentanyl, cocaine hydrochloride, and cocaine base, HILL may receive up to 20 years in prison, up to a $1,000,000 fine, and up to three years of supervised release. As to Count 3, possession of a firearm in furtherance of a drug trafficking crime, HILL must be sentenced to at least 5 years in prison consecutive to any other sentence, up to a $250,000 fine, and up to five years of supervised release. Each count also requires a mandatory special assessment fee of $100.
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.
U.S. Attorney Evans reiterated that an indictment is merely an accusation and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) New Orleans Field Division, the St. Charles Parish Sheriff’s Office, and the District Attorney’s Office for the 29th Judicial District for their assistance in this prosecution. Assistant U.S. Attorney Matthew R. Payne, Senior Litigation Counsel, is in charge of the prosecution.
San Antonio Family Members Plead Guilty in Federal Fraud CaseRead the Press Release
SAN ANTONIO – Three members of a San Antonio family pleaded guilty in federal court today to charges related to government contracts fraud for services at U.S. Army medical facilities.
According to the indictment, Kenneth Flores, 50, Christopher Flores, 54, and Irma Flores, 74, conspired together to defraud the United States by eliminating competition and fixing contract awards and prices on Army contracts for the housekeeping and janitorial services at Army Hospitals and Medical Centers. The scheme involved a corrupt partnership between the Floreses and co-conspirator government employees Karisa Waysepappy Kelley and John Jordan “Chip” Mathes, concerning millions of dollars in work on Army healthcare housekeeping and janitorial services contracts in return for bribes and kickbacks, eliminating the Flores’ competition in the process.
From Nov. 15, 2018, until June 25, 2020, Christopher Flores’s company, Alliance Supply, paid $216,710.46 to Mathes’ company, C & S Consulting. From Feb. 21, 2019, until July 17, 2020, Alliance Supply paid Kelley’s company Waysepappy Consulting $57,906.50. Irma Flores served as the bookkeeper for Allegiance Environmental Services, a company owned by Kenneth Flores, under which Alliance operated. Mathes and Kelley pleaded guilty in February.
Kenneth Flores pleaded guilty to one count in the indictment to conspiracy to defraud the United States and faces a maximum penalty of five years in prison. Christopher and Irma Flores each pleaded guilty to an information charging them with one count of gratuity paid to public official, and each face a maximum penalty of two years in prison. All three are scheduled to be sentenced on Nov. 27. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Floreses have agreed to pay restitution in the amount of $3.7 million.
The government dismissed the charges against Antonio Flores, Jr.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Defense Criminal Investigative Service; Department of the Army Criminal Investigation Division; U.S. General Services Administration Office of Inspector General; and IRS Criminal Investigation are investigating the case.
Assistant U.S. Attorneys Kelly Stephenson and Joe Blackwell, and Special Assistant United States Attorney Jay Porier are prosecuting the case.
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Ravenna Man Sentenced to 150 Months in Federal Prison for Illegally Possessing Firearms as A FelonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Zebulon Timothy Nester, 27, of Ravenna Michigan, was sentenced to 150 months in federal prison for being a felon in possession of firearms. U.S. District Judge Robert J. Jonker also ordered Nester to spend three years on supervised release after his confinement. Nester previously pled guilty to this charge in April.
“Whether they are purchased illegally, stolen, or manufactured at home, federal law is clear: firearms, ammunition, unregistered silencers, and firearm conversion devices do not belong in the hands of felons,” said U.S. Attorney Mark Totten. “The serious sentence imposed here shows that illegally armed criminals will face serious consequences in federal court.”
On July 1, 2022, law enforcement executed a search warrant at Nester’s residence in Ravenna, Michigan. There they located a stock of firearms, unregistered firearm silencers, ammunition, firearms accessories, body armor, a 3-D printer, and 3-D printed “Glock switches,” which convert semi-automatic Glock pistols into fully automatic firearms. Glock switches alone, even if not attached to a firearm, are defined as machine guns under federal law. Federal law also requires firearm silencers to be registered in the National Firearms Registration and Transfer Record. Prior to the search warrant at his residence, Nester was also apprehended by local authorities in possession of a firearm on June 8, 2022, in connection with a breaking and entering report where an additional handgun was stolen from a residence in Newaygo County.
“Zebulon Nester blatantly and illegally possessed and sold firearms buying himself another round in federal prison. Risking the safety of our community will not be tolerated,” said ATF Special Agent in Charge James Deir. “ATF and its law enforcement partners will identify and hold accountable those individuals who continue to contribute to the violence in our cities.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of the Project Safe Neighborhoods (PSN) Program, the Department of Justice’s violent crime reduction strategy. 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Lauren F. Biksacky prosecuted this case on behalf of the United States.
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Pickford Man Sentenced to 87 Months for Sexual Abuse of A MinorRead the Press Release
MARQUETTE – U.S. Attorney for the Western District of Michigan Mark Totten today announced that U.S. District Judge Paul L. Maloney sentenced Clifford Sutter to 87 months in prison for sexual abuse of a minor. Judge Maloney imposed the sentence after commenting that defendant’s conduct was “horrendous,” noting that Sutter had repeatedly sexually abused the victim over a significant number of years. Judge Maloney also ordered Sutter to spend 15 years on supervised release after his confinement.
“Protecting our most vulnerable citizens is a duty my office takes very seriously,” said U.S. Attorney Mark Totten. “We are committed to holding child sexual predators accountable as evidenced by the serious sentence imposed in this case. I commend the investigative work of our federal, state, and tribal law enforcement partners.”
“Today's sentence is the final step towards holding this defendant accountable for the harm he inflicted on his victim,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Protecting our children is a priority for the FBI and law enforcement across the state. I would like to thank the Sault Tribe Police Department and the Michigan State Police for their partnership during this investigation.”
The investigation identified a minor victim who Sutter had repeatedly sexually abused from when s/he was 10 years old until Sutter’s arrest. As part of his plea, Sutter admitted to sexually abusing the minor victim when s/he was 12 years old.
The FBI, Sault Tribal Police Department, and Michigan State Police investigated the case.
Sutter Indictment###
Oklahoma City Resident Sentenced for Federal Firearm CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Zachary Wayne Ray of Oklahoma City, Oklahoma, age 36 and a felon, was sentenced to 16 months imprisonment for one count of Felon in Possession of a Firearm and Ammunition.
The charge arose from an investigation by the Chickasaw Lighthorse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On January 17, 2023, Ray pleaded guilty to one count of Felon in Possession of a Firearm and Ammunition. Individuals previously convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms or ammunition.
According to investigators, on February 5, 2022, a Chickasaw Lighthorse Police Officer encountered Ray at the Chickasaw Travel Stop on Latta Road in Ada, Oklahoma. Ray, a convicted felon, was found to be in possession of a Ruger 9mm semiautomatic handgun with one round chambered and a fully loaded magazine.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the case in Muskogee, Oklahoma. Ray was remanded to the custody of the U.S. Marshal at the conclusion of sentencing. He will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Assistant United States Attorney Zachary W. Parson represented the United States.
Ohio Woman Sentenced to 6 Months in Federal Prison After Filing False CARES Act Claims to Steal More than $200,000 in Pandemic Unemployment BenefitsRead the Press Release
INDIANAPOLIS- Brianna Yerkey, 21, of Struthers, Ohio, has been sentenced to 6 months in federal prison after pleading guilty to wire fraud.
According to court documents, beginning in February 2021, and continuing through June 2021, Brianna Yerkey intentionally defrauded the federal government and the Indiana Department of Workforce Development (IDWD) by exploiting the Pandemic Unemployment Assistance funding authorized by the CARES Act.
Specifically, Yerkey used Facebook and Snapchat to advertise to perspective clients that she would file Pandemic Unemployment Assistance (PUA) applications on their behalf and prepare and submit their weekly PUA vouchers in exchange for a fee of between $500 and $1,300. Yerkey instructed perspective clients to establish an online account with IDWD and provide her with the username and password so she could log in to their accounts.
As part of the scheme, Yerkey provided false and fraudulent information regarding the applicant’s residential address, employment, unemployment, and whether the applicant was presently residing in Indiana. Yerkey also falsely stated that their unemployment was connected to the COVID-19 pandemic to obtain unemployment benefits from the IDWD to which her clients were not entitled.
Yerkey attempted to conceal her crimes by providing details in the PUA applications that would create the false impression the applicants were university students in Indiana. Yerkey intentionally used university addresses and employment dates that would align with summer school break so that IDWD would not suspect fraud if the applicant provided an out of state driver’s license for proof of identity.
In total, Yerkey submitted false and fraudulent claims to the IDWD totaling approximately $287,311 in unemployment benefits.
“Pandemic Unemployment Assistance under the CARES Act was a lifeline for thousands of Americans suffering economic disaster directly related to COVID-19,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “Ms. Yerkey exploited a federal program, stealing hundreds of thousands of dollars intended to help our most vulnerable populations in a time of instability. These selfish, greedy actions must be rectified. I am grateful for the work of the FBI that led to today’s sentence.”
“People in desperate need turned to the defendant for help, and she pocketed that money,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The FBI and our partners won’t idly sit by and let schemes like this occur but will relentlessly pursue those who fraudulently profit at the expense of others.”
The Federal Bureau of Investigation investigated this case. The sentence was imposed by U.S. District Court Judge, Matthew P. Brookman. Judge Brookman also ordered that Yerkey be supervised by the U.S. Probation Office for 1 year following her release from federal prison and pay $125,271 in restitution.
U.S. Attorney Myers thanked Assistant United States Attorney Tiffany J. Preston, who prosecuted this case.
On May 17, 2021, the Attorney General established the COVID‑19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
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
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Neuroscience Company and Co-Founder/CEO Pay $445,000 to Resolve False Claims Act Allegations Related to Promotion of False Billing CodesRead the Press Release
Evoke Neuroscience, Inc., of New York will pay $225,000, and its co-founder/CEO David Hagedorn, Ph.D., of Jacksonville, North Carolina, will pay $220,000, to resolve alleged False Claims Act violations for causing the submission of false claims to Medicare by promoting false billing codes for a “brain health” device. The settlement was announced today by United States Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania.
Dr. Hagedorn, a psychologist, co-founded Evoke as a startup in approximately 2009. Evoke sold its “eVox” device primarily to general practitioner physicians. The device involves a 20-60 minute in-office application of a helmet with electrodes that purports to test certain brain functions. During Evoke’s initial startup phase, Dr. Hagedorn selected six billing codes for the eVox device.
The settlement resolves allegations that from January 1, 2013 through May 31, 2021, Evoke and Dr. Hagedorn promoted to health care providers six false billing codes for Medicare reimbursement for the eVox device. By promoting false billing codes to health care providers, Evoke and Dr. Hagedorn caused the providers to submit false claims to Medicare. The United States contends that none of the codes were ever appropriate for the eVox device as applied because the codes generally require a longer testing time, a specialized environment (e.g., soundproof/dark room), and can only be administered by a relevant specialist. Moreover, the United States contends that Evoke and Dr. Hagedorn improperly encouraged health care providers to bill multiple codes for a single application of the eVox device. In 2018, coding consultants informed Evoke that many of the billing codes it was promoting were problematic, after which time Evoke stopped promoting the false codes.
“There is no ‘startup’ exception under the False Claims Act,” said U.S. Attorney Romero. “You will be held accountable if you knowingly promote false billing codes to others.”
This settlement resolves claims originally brought by Kevin Vance, M.D., and Angel Vance, R.N., of Madison, Mississippi to whom, among others, Evoke marketed the eVox system. The case was brought under the whistleblower, or qui tam, provisions of the False Claims Act. The Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. The Vances will receive $89,000 of the settlement proceeds.
The lawsuit is captioned United States ex rel. Dr. Kevin Vance and Angel Vance v. Evoke Neuroscience, Inc., No. 21-452 (E.D. Pa.). The qui tam suit was initially filed in the United States District Court for the Southern District of Mississippi, and was transferred to the Eastern District of Pennsylvania, where the U.S Attorney’s Office had previously settled a False Claims Act case with a local provider involving, among other things, use of eVox: https://www.justice.gov/usao-edpa/pr/neurosurgeon-medical-practice-director-pay-over-1-million-resolve-false-claims-act.
The case was handled by Assistant United States Attorneys Matthew E. K. Howatt and Joel M. Sweet of the United States Attorney’s Office for the Eastern District of Pennsylvania, along with Auditor Dawn Wiggins and Investigator Jeff Braun, and Assistant United States Attorneys Deidre Colson, Jennifer Case, and Civil Chief Angela Williams of the United States Attorney’s Office for the Southern District of Mississippi. The U.S. Department of Health and Human Services Office of the Inspector General supported the investigation.
The government’s pursuit of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477) or online at https://oig.hhs.gov/fraud/report-fraud.
All civil claims are allegations only. There has been no determination of civil liability.
Montgomery Man Convicted on Federal Drug and Ammunition ChargesRead the Press Release
MONTGOMERY, ALABAMA – Today, United States Attorney Sandra J. Stewart announced the conviction of Robert Damaine Salter, a 36-year-old from Montgomery, Alabama, for conspiracy to distribute 50 grams or more of methamphetamine, fentanyl, cocaine, and heroin; distribution of heroin; and being a felon in possession of ammunition.
According to court records and evidence presented at trial, in early 2022, law enforcement agents began an investigation, through which they learned of multiple communications between Salter and others discussing the purchase of various controlled substances, including methamphetamine, cocaine, heroin, and fentanyl. Stacy Audrice Toney, 35, also from Montgomery, was one of the individuals who had these communications with Salter. In one call, Salter agreed to purchase seven ounces of crystal methamphetamine, or as he referred to it, “ice cream cones,” from Toney. In other calls, Salter and Toney discussed selling larger quantities of methamphetamine, sometimes as much as a kilogram.
Agents obtained search warrants for residences associated with Salter and Toney and found numerous controlled substances. In addition, agents found two rounds of .40 caliber ammunition at Salter’s apartment and a firearm at a house associated with Toney. Salter and Toney both have felony convictions and are prohibited by federal law from possessing firearms or ammunition. The jury rendered its guilty verdict on August 3, 2023.
Following his conviction, Salter faces a sentence of ten years to life in federal prison. A sentencing hearing will be scheduled for him in the coming months. Toney previously pleaded guilty to conspiracy to possess with intent to distribute 50 grams or more of methamphetamine, fentanyl, cocaine, and heroin; and being a felon in possession of a firearm. Toney’s sentencing hearing is scheduled for August 31, 2023. Toney is also facing a sentence of ten years to life.
The DEA and the Montgomery Police Department investigated this case, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorneys Mark E. Andreu and John J. Geer, III, are prosecuting the case.
Minnesota Woman Who Defrauded Thirty Credit Unions in Eight States Sentenced to Federal PrisonRead the Press Release
A woman who used other peoples’ personal information to obtain money from thirty credit unions and four businesses located in eight states was sentenced on August 4, 2023, to more than seven years in federal prison.
Maegen Catherine Fortin, age 40, from Otsego, Minnesota, received the prison term after a September 15, 2022 guilty plea to one count of financial institution fraud and one count of aggravated identity theft.
Information from Fortin’s plea and sentencing showed that between March 2020 and September 2021, Fortin engaged in fraudulent conduct at credit unions and businesses located in Iowa, Minnesota, Wisconsin, Missouri, Illinois, Nebraska, North Dakota, and South Dakota. Fortin possessed or used the personal identifiers, such as names, Social Security numbers, and dates of birth, of at least ninety different people without their permission in connection with her fraud. Fortin used fraudulent United States passports, military IDs, and state driver’s licenses containing the victims’ personal information to apply for loans, lines of credit, accounts, and/or credit or debit cards in the victims’ names. Fortin attempted to obtain at least $650,000 and successfully obtained more than $460,000 as a result of her fraudulent conduct.
Fortin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Fortin was sentenced to 93 months’ imprisonment. She was ordered to make $463,774.59 in restitution to the credit unions and businesses. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Fortin is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-0072.
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Mexican National Pleads Guilty to Large-Scale Methamphetamine Conspiracy in Kern CountyRead the Press Release
FRESNO, Calif. — Alberto Gomez-Santiago, 37, a Mexican national residing in Arvin, pleaded guilty today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in March 2021, Gomez delivered for distribution 26 pounds of methamphetamine to co-defendants Jorge Calderon-Campos, 42, a Mexican national residing in Bakersfield, and Mark Garcia, 23, of Bakersfield. Law enforcement officers later seized the drug from Garcia’s vehicle during a traffic stop.
According to court documents, the transaction was one of many involving Calderon-Campos, who was the target of a wiretap investigation that resulted in the seizure of more than 86 pounds of methamphetamine and 1 kilogram of heroin. The wiretap investigation also uncovered an illegal cockfighting enterprise involving Calderon-Campos, who is charged in a separate indictment with violations of the Animal Welfare Act.
This case is the product of an investigation by Homeland Security Investigations and the Drug Enforcement Administration with assistance from the U.S. Department of Agriculture Office of Inspector General, the U.S. Marshals Service, the U.S. Customs and Border Protection, the U.S. Secret Service, the Bureau of Land Management, the Kern County High Intensity Drug Trafficking Area (HIDTA) Task Force, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Kern County Sheriff's Office, the Kern County Probation Department, and the Bakersfield Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Gomez is scheduled for sentencing by U.S. District Judge Jennifer L. Thurston on Nov. 6, 2023. Gomez faces a mandatory statutory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a fine of up to $10 million. The actual sentence, however, will 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.
Calderon-Campos, Garcia, and four other defendants are currently scheduled for status conferences on Sept. 20, 2023 in the related drug and Animal Welfare Act cases. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Man Pleads Guilty to Multiple Sex Offenses Near School and Threatening NeighborsRead the Press Release
Incidents Occurred in April 2023 as Children Walked to/from Bancroft Elementary
WASHINGTON – Derrick Jones, 54, pleaded guilty today in two separate cases for masturbating in public, near Bancroft Elementary School in Mt. Pleasant, and then threatening neighbors who asked him to stop, U.S. Attorney Matthew M. Graves and Acing Chief Pamela Smith of the Metropolitan Police Department (MPD).
Jones pleaded guilty in the Superior Court of the District of Columbia to eight separate counts in two cases: two counts of attempted threats, one count of threats, two counts of misdemeanor sexual abuse of a child with aggravating circumstances, and three counts of lewd, indecent, or obscene acts. Sentencing is scheduled for October 16, 2023, before the Honorable Sean Staples. As part of his sentence, Jones will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, in the afternoon of April 3, 2023, Jones was observed by a neighbor masturbating outside of the neighbor’s apartment building, which is located less than a block away from Bancroft Elementary School. The neighbor, who was with her 11-year-old son, was trying to record Jones’s behavior since, according to the neighbor, this was a routine occurrence during the hours when children were walking to and from school. In fact, Jones has three prior convictions for lewd, indecent, or obscene acts in the District of Columbia. When Jones observed his neighbor trying to record him on April 3, he crossed the street in an aggressive manner and threatened to kill the neighbor’s family and their dog.
Then, on April 6, 2023, a woman was returning home after dropping her nephew off at Bancroft Elementary when she observed Jones outside an apartment masturbating. Jones made eye contact with the woman and continued his behavior. On the morning of April 12, 2023, Jones was again seen masturbating outside of the apartment building as children were being dropped off at school.
Jones engaged in the same conduct the following day, April 13, 2023, exposing himself and masturbating outside of his building while children were walking by on the on their way to school. A Bancroft Elementary school crossing guard observed Jones, and while another colleague ushered kids to the opposite side of the street out of view, the crossing guard approached Jones and asked him to stop. Jones responded by loudly threatening to “blow y’all up” before going inside and returning with a black duffel bag. Not knowing what was in the bag, the crossing guard became even more alarmed and law enforcement was ultimately flagged down and Jones was taken into custody.
In addition to these incidents, after the defendant’s arrest, the U.S. Attorney’s Office and the Metropolitan Police Department further investigated and located additional victims. In pleading guilty, Jones also admitted that between April 1 and April 13, 2023, he exposed himself and masturbated in front of an 11-year-old girl who lived in a neighboring apartment.
The defendant has been in custody since his arrest on April 13, 2023.
In announcing the plea, U.S. Attorney Graves commended the work of the Metropolitan Police Department, which investigated the case, and the U.S. Secret Service, who assisted in the defendant’s apprehension on April 13, 2023. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Johnny DaSilva and Tracy Owusu.
Finally, he expressed appreciation for the work of Special Assistant U.S. Attorney Andrea Jae Friedman and Assistant U.S. Attorney Jessica Wash, who investigated and prosecuted the case.
Lawrence Man Sentenced to over Six Years in Prison for Trafficking Fentanyl and CocaineRead the Press Release
BOSTON – A Lawrence man was sentenced on Friday, Aug. 4, 2023, in federal court in Worcester for conspiring to traffic fentanyl and cocaine in central and eastern Massachusetts.
Hector Torres Rosario, 41, was sentenced by U.S. District Court Judge Margaret R. Guzman to 78 months in prison and three years of supervised release. In May 2023, Torres Rosario pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine and fentanyl.
From April to July 2022, Torres Rosario was responsible for brokering and assisting co-conspirators in the sale and transportation of cocaine and fentanyl in furtherance of a criminal drug conspiracy. Torres Rosario was indicted in September 2022 along with 21 other co-defendants from Massachusetts, Pennsylvania and Puerto Rico.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the United States Marshals Service, Massachusetts State Police, Southbridge Police Department, Lawrence Police Department, Essex County Sherriff’s Department and Worcester County Sheriff’s Department. Assistant U.S. Attorney Stephen W. Hassink of the Narcotics & Money Laundering Unit prosecuted the case.
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
NEW ORLEANS – HECTOR STEFANO FLORES-DUARTE, a/k/a “Stefano Flores,” age 29, was charged on August 4, 2023 in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a), announced U.S. Attorney Duane A. Evans.
According to the indictment, HECTOR STEFANO FLORES-DUARTE, (“FLORES-DUARTE”) reentered the United States after he was previously deported on June 10, 2022. If convicted, FLORES-DUARTE faces a maximum term of imprisonment of two years, a maximum fine of up to $250,000, a maximum term of supervised release of up to one year, and a mandatory $100 special assessment fee.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorney Carter K.D. Guice, Jr. of the General Crimes Unit is in charge of the prosecution.
Georgia Man Is Sentenced to 22 Years in Prison for Multiple Armed Bank Robberies in Three StatesRead the Press Release
CHARLOTTE, N.C. – A Georgia man who committed multiple armed bank robberies in North Carolina, Tennessee, and Georgia, was sentenced to 22 years in prison today, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Johnny Jermaine Davis, 40, of Kennesaw, Georgia, was also ordered to serve five years under court supervision after he completes his prison term and to pay over $65,000 in restitution.
Robert M. DeWitt, Special Agent in Charge of the FBI in North Carolina joins U.S. Attorney King in making today’s announcement.
On September 1, 2022, Davis pleaded guilty to six counts of bank robbery and one count of brandishing a firearm in furtherance of a crime of violence. In addition to charges filed in the Western District of North Carolina, Davis was charged with bank robbery by the U.S. Attorneys’ Offices in the Eastern District of North Carolina, the Middle District of North Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, and the Northern District of Georgia. Those federal cases were subsequently transferred to the U.S. Attorney’s Office in the Western District of North Carolina for consolidated prosecution.
According to filed court documents and court proceedings, between January and May 2021, Davis robbed seven banks in three states, including two banks in Asheville, N.C. Davis brandished a firearm during each of these robberies and discharged a firearm during one robbery.
The Bank Robbery in East Ridge, Tennessee
Court records show that on January 6, 2021, at approximately 3:00 p.m., Davis robbed a Regions Bank in East Ridge, Tennessee. After he entered the bank, Davis approached the bank teller and asked to cash a check. Davis then drew a firearm and vaulted over the counter. Davis demanded money from the bank tellers and discharged the firearm, which caused a window to shatter. Davis then took money from the teller drawers and fled the scene.
The First Bank Robbery in Asheville, North Carolina
On February 25, 2021, at approximately 3:02 p.m., Davis entered the BB&T bank located at 1653 Hendersonville Road, in Asheville. Davis was wearing a blue and white baseball cap, sunglasses, and a surgical mask. Davis walked toward the teller area of the bank and pretended to cash a check. Court documents show that Davis put on a black glove and pulled out a semi-automatic handgun, pointed the firearm at a teller and yelled, “Don’t move.” Davis then jumped over the counter, ordered the bank employees to lay on the ground, and began to grab cash from the teller drawers. Davis also told the bank employees he had planted a device that would release toxic gas if they moved before two minutes passed. Davis finished emptying the cash drawers and exited the bank.
The Bank Robbery in Chapel Hill, North Carolina
On April 3, 2021, at approximately 12:40 p.m., Davis robbed a PNC bank located at 841 Willow Drive, in Chapel Hill, North Carolina. According to court records, Davis entered the bank wearing a UNC baseball cap, a mask, sunglasses, and surgical gloves. He approached a teller and, as with previous bank robberies, he inquired about cashing a check. After he was told he needed two forms of identification, Davis left the bank. He returned soon thereafter and jumped over the counter while brandishing a semiautomatic pistol. Davis then ordered two tellers to step away from the counter and lie face-down on the floor. He then ordered one of the tellers to unlock the drawers. The teller complied, and Davis ordered her back to the floor. Davis took cash from the teller drawers and fled the scene.
The Bank Robbery in Spring Hill, Tennessee
On April 9, 2021, at approximately 12:06 p.m., Davis entered the First Citizens National Bank located at 2035 Wall Street in Spring Hill, Tennessee, wearing a UNC baseball cap, a surgical mask, sunglasses, and blue surgical gloves. Once again, Davis approached the teller and asked for a pen so that he could cash a check. Davis then drew a semiautomatic pistol, grabbed a teller by the wrist, and pointed the gun directly at her. Davis then ordered all the tellers to lie down on the floor and demanded money. A bank teller opened the bank vault and Davis took cash. Davis then moved two bank employees into a utility room and closed the door, before exiting the bank.
The Bank Robbery in Fayetteville, North Carolina
On May 8, 2021, at approximately 12:08 p.m., Davis entered the First Horizon Bank at 929 S. McPherson Church Road, in Fayetteville, North Carolina, wearing a baseball hat, sunglasses, black gloves, and a mask. Upon entering the bank, Davis approached a teller and asked him if he could cash a Wells Fargo check. The teller said that he could not and began to search for nearby Wells Fargo bank locations in an effort to assist. According to court documents, Davis then drew a black semiautomatic pistol and whispered to the teller that he did not want to hurt anyone. Davis ordered the teller to move behind the teller stations, and then pointed the gun at another teller and ordered them both to lie down on the floor. Davis demanded access to a cash machine, then the safe, and then the vault; but each time the tellers explained that they did not have ready access to any of those storage areas. Davis moved the two tellers at gunpoint to a nearby room and ordered them to stay put. Davis then found a bank employee working in another office, pointed the gun at her, and demanded to know how to access the safe. When the employee told Davis she did not know, he moved the bank employee into the room with the other tellers. Davis took cash from a desk drawer before he left the bank.
The Second Bank Robbery in Asheville, North Carolina
On May 20, 2021, at approximately 4:42 p.m., Davis entered the Wells Fargo bank located at 800 Merrimon Ave., in Asheville. According to court records, Davis was wearing a baseball cap, sunglasses, and a surgical mask. As in previous bank robberies, Davis walked to the counter and told the teller he wanted to cash a check. When the teller asked for identification, Davis left the bank purportedly to retrieve his ID. Davis returned a short time later, approached the counter, and drew a semi- automatic handgun and pointed it at the teller. Davis then jumped over the counter and told all four bank employees to get down on the ground. Once all four bank employees were on the floor, Davis emptied the cash drawers, slammed the counter, and ordered the employees not to move for two minutes because he had placed a motion sensor. Davis then fled the scene.
The Bank Robbery in Rome, Georgia
According to court documents, on May 28, 2021, at approximately 10:50 a.m., Davis entered the SunTrust (now Truist) bank located at 2401 Shorter Avenue, in Rome, Georgia, wearing a hat, sunglasses, and a mask. After he entered the bank, Davis approached a teller and inquired about opening an account but then left the bank. At approximately 11:21 a.m., Davis re-entered the bank, walked into an occupied office, and at gunpoint walked the bank employee out of the office and toward the teller counter. Davis then ordered the tellers to lie down on the floor and vaulted over behind the counter while brandishing the firearm. Another bank employee entered the room and Davis pointed the gun at her and ordered her to get on the floor before he took cash from the bank and fled the scene.
On June 9, 2021, the FBI executed a search warrant at Davis’s home in Georgia. Davis was arrested at the scene. FBI agents also seized several items of clothing consistent with items depicted in surveillance footage at the various robberies, including shoes, a hat, pants, and a jacket. FBI agents also found a firearm that was consistent with the firearm Davis used during
the robberies.
Davis is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney King commended the FBI in Asheville, the Asheville Police Department, and the Hendersonville Police Department for their investigation of the case in Western North Carolina and thanked the FBI field offices and local law enforcement agencies in North Carolina, Tennessee, and Georgia for their invaluable assistance.
U.S. Attorney King also thanked the U.S. Attorneys’ Offices in the Middle and Eastern Districts of North Carolina, the Middle and Eastern Districts of Tennessee, and the Northern District of Georgia for their coordination and cooperation throughout Davis’s prosecution.
Assistant U.S. Attorney Don Gast of the U.S. Attorney’s Office in Asheville prosecuted the case.
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Fountain Valley Man Sentenced to Life in Federal Prison for Murdering Man Who Was Shot on Boat and Dumped into OceanRead the Press Release
SANTA ANA, California – An Orange County man was sentenced today to life in federal prison for the October 2019 murder of a man whose body was found floating in the Pacific Ocean with bullet and blunt force trauma wounds.
Hoang Xuan Le, 42, a.k.a. “Wayne,” and “Wangsta,” of Fountain Valley, was sentenced by United States District Judge David O. Carter.
At the conclusion of a 17-day trial in December 2021, a jury found Le guilty of first-degree murder within the special maritime and territorial jurisdiction of the United States, conspiracy to commit murder, and using a firearm in furtherance of a crime of violence. In February 2022, Le pleaded guilty to eight narcotics-related felonies, including distribution of cocaine and methamphetamine.
On the night of October 15, 2019, Le lured the victim onto a boat owned by Sheila Marie Ritze, 43, of San Juan Capistrano, at Dana Point Harbor, with the promise of a late-night fishing trip. The victim owed Le a debt.
Around midnight, Ritze drove her boat out into the Pacific Ocean with Le and the victim on board. Le shot the victim on the boat, the victim went overboard, and Ritze and Le left the victim to die in the ocean, where he drowned. Le and Ritze then returned to Dana Point Harbor.
The victim’s body was recovered from the Pacific Ocean several miles northwest of Oceanside on October 16, 2019. The San Diego County Medical Examiner’s Office determined that he was a homicide victim who drowned after being shot and suffering blunt force trauma.
“Le committed murder, and, as a result, [the victim’s] family will never see him again,” prosecutors wrote in a sentencing memorandum. “Le’s crime has left a grieving mother, grieving widow, grieving brothers, a grieving sister, and two fatherless small children.”
On April 17, Ritze was sentenced to almost 22 years in federal prison for her role in the murder. Ritze was convicted of one count of second-degree murder within the special maritime and territorial jurisdiction of the United States, and one count of making false statements to federal investigators.
The Coast Guard Investigative Service and the FBI investigated this matter.
Assistant United States Attorneys Greg Scally and Gregory W. Staples of the Santa Ana Branch Office prosecuted this case.
Evansville Man Sentenced to over 15 Years in Federal Prison for Dealing Fentanyl Resulting in Fatal OverdoseRead the Press Release
EVANSVILLE- Kalib Scott Powell, 29 of Evansville, has been sentenced to 188 months in federal prison after pleading guilty to dealing fentanyl resulting in death.
According to court documents, on February 21, 2019, Powell sold J.H. a half-gram of fentanyl powder in exchange for United States currency. On February 23, 2019, J.H. overdosed and died. Her cause of death was determined to be fentanyl intoxication.
The Vanderburgh County Sheriff’s Office responded to the overdose and recovered J.H.’s cell phone. An examination of that phone revealed a conversation about the planned purchase of fentanyl from Powell. It was uncovered that Powell had previously been warned by a customer after she sampled the fentanyl powder that it was very strong and “someone was going to die” from the ingestion of it. Nevertheless, Powell continued to sell the fentanyl powder knowing the danger.
United States Attorney for the Southern District of Indiana, Zachary A. Myers, Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office; and Sheriff Noah Robinson of the Vanderburgh County Sheriff’s Office made the announcement.
“Fentanyl is a powerful and lethal poison that traffickers sell with utter disregard for human life,” said U.S. Attorney for the Southern District of Indiana, Zachary A, Myers. “The serious prison sentence imposed here will not bring the victim back to their family, but it is an important measure of accountability and justice. We will continue our efforts with the DEA and Vanderburgh County Sheriff’s Office to hold fentanyl dealers accountable for the devastation they cause, and hopefully save others from suffering the same tragic fate.”
The Drug Enforcement Administration and Vanderburgh County Sheriff’s Office investigated the case. The sentence was imposed by U.S. District Court Judge, Richard L. Young. Judge Young also ordered that Powell be supervised by the U.S. Probation Office for 3 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Lauren M. Wheatley, who prosecuted this case.
According to the Drug Enforcement Administration, as little as two milligrams of fentanyl can be fatal, depending on a person’s body size, tolerance, and past usage. One kilogram of fentanyl has the potential to kill 500,000 people. 6 out of 10 illegal fentanyl tablets sold on U.S. streets now contain a potentially lethal dose of the drug.
One Pill Can Kill: Avoid pills bought on the street because One Pill Can Kill. Fentanyl has now become the leading cause of death in the United States. Fentanyl is a highly potent opioid that drug dealers dilute with cutting agents to make counterfeit prescription pills that appear to be Oxycodone, Percocet, Xanax, and other drugs. Fake prescription pills laced with fentanyl are usually shaped and colored to look like pills sold at pharmacies. For example, fake prescription pills known as “M30s” imitate Oxycodone obtained from a pharmacy, but when sold on the street the pills routinely contain fentanyl. These pills are usually round tablets and often light blue in color, though they may be in different shapes and a rainbow of colors. They often have “M” and “30” imprinted on opposite sides of the pill. Do not take these or any other pills bought on the street – they are routinely fake and poisonous, and you won’t know until it’s too late.
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Dubuque Man Pleads Guilty to Possessing Firearm as Prohibited PersonRead the Press Release
A man who possessed a firearm as a felon and as a drug user pled guilty today in federal court in Cedar Rapids.
Eric Thomas, age 48, from Dubuque, Iowa, was convicted of possessing a firearm as a prohibited person.
In a plea agreement, Thomas admitted that he possessed a loaded gun along with a mixture of heroin and fentanyl. Thomas was a daily heroin user and had six prior felony convictions, including three burglary convictions, one conviction for assault on a peace officer while displaying a dangerous weapon, one conviction for a controlled substance violation, and one conviction for manufacturing or delivering controlled substances.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Thomas remains in custody of the United States Marshal pending sentencing. Thomas faces the following maximum penalties: (1) not more than 15 years’ imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of not more than three years. If the court finds that Thomas has three previous convictions for a violent felony or a serious drug offense, or both, committed on occasions different from one another, then pursuant to 18 U.S.C. § 924(e)(1), Thomas’s crime is punishable by a mandatory minimum sentence of 15 years’ imprisonment without the possibility of parole and the following maximum penalties: (1) not more than life imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of not more than five years.
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 is being prosecuted by Special Assistant United States Attorney Devra Hake and was investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-1012.
Follow us on Twitter @USAO_NDIA.
Corpus couple caught carrying meth in cookiesRead the Press Release
VICTORIA, Texas – Two Corpus Christi residents have pleaded guilty to conspiracy to possess with the intent to distribute over 50 grams of meth, announced U.S. Attorney Alamdar S. Hamdani.
On March 14, Jason Elijah Talley, 43, was the driver with Crystal Nichole Samora, 33, as passenger in a Lexus in Victoria. Authorities conducted a traffic stop after observing the vehicle following too closely.
Law enforcement detained Talley and ordered him to sit in the grass. At that time, they discovered a bag suspected of containing meth in the area where Talley was sitting.
A physical search of the vehicle resulted in the seizure of Xanax bars, heroin, a myriad of pills, meth and multiple handguns. Authorities discovered a carboard box found directly behind the passenger seat which contained cookies in one layer and five large plastic containers containing a substance in another. Law also enforcement observed two plastic bags containing a substance and a Sig Sauer firearm in a purse.
The investigation revealed the firearm was stolen out of Corpus Christi. The substance was confirmed as 5,806 grams of meth with a purity level of 94 percent.
U.S. District Judge David S. Morales will impose sentencing in November. At that time, Talley and Samora face up to life in federal prison and a possible $10 million maximum fine.
Both have been and will remain in custody pending sentencing.
The Drug Enforcement Administration conducted the investigation with the assistance of the Victoria Police Department. Assistant U.S. Attorney Liesel Roscher and Patti Booth are prosecuting the case.
Convicted Felon Pleads Guilty to Firearm ChargeRead the Press Release
BIRMINGHAM, Ala. – A convicted felon pleaded guilty today to being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Timothy Jabbar Wyatt, 31, of Clanton, pleaded guilty yesterday before U.S. District Court Judge Karen O. Bowdre to being a felon in possession of a firearm.
According to the plea agreement, on January 15, 2023, a Calera Police Department officer observed a vehicle on the side of Interstate 65 at mile marker 229. A male, later identified as Wyatt, was standing beside the vehicle. The officer stopped to assist. Upon approaching, Wyatt dropped some food items and a case of water he was holding. He then fled into the woods off the side of the interstate. Calera Police Department officers searched for Wyatt in the woods. The next day, Calera Police Department officers found Wyatt in a makeshift shelter structure next to a stream in the woods. Officers looked in the shelter to make sure no one else was in it and found a Sundance .25 caliber pistol loaded with five rounds of ammunition.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The ATF investigated the case, along with the Calera Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
Commerce Township Man Pleads Guilty in Pandemic Loan Fraud SchemeRead the Press Release
DETROIT - A Commerce Township resident pleaded guilty today to orchestrating a fraud scheme involving approximately $851,000 in loans intended to help small businesses stay afloat during the Covid-19 pandemic, United States Attorney Dawn N. Ison announced today.
Joining in the announcement was Angie M. Salazar, Special Agent in Charge of the Detroit Field Office of Homeland Security Investigations (HSI).
Ryan Carruthers, 32, entered a plea of guilty to one count of wire fraud before United States District Judge Paul D. Borman. The guilty plea arose out of Carruthers’ participation in a wide-ranging scheme to fraudulently obtain loans from two pandemic relief programs overseen by the Small Business Administration (SBA).
“Ryan Carruthers stole nearly a million dollars from programs intended to help our community weather an unprecedented national crisis. Every dollar that went to Mr. Carruthers is a dollar that did not go to a small business that needed help during the pandemic,” said United States Attorney Ison. “My office takes pandemic fraud extremely seriously, and we will continue to dedicate resources to bringing those who perpetrated such frauds to justice.”
“This case shows the efforts some will take to defraud their fellow community members and taxpayers,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “Today, three years after the start of the pandemic, we are still investigating fraud and working to ensure that those who received this money did so honestly and justly. The message should be clear for anyone who stole these funds for personal enrichment, our HSI agents and partners are committed to holding you accountable.”
According to the plea agreement, in approximately April 2020, Carruthers began to submit electronic applications for pandemic relief loans in the names of various business entities he purported to own and control. Between April 2020 and April 2021, Carruthers submitted 12 loan applications through the ‘’Paycheck Protection Program,” (PPP), which was an SBA-administered program that provided forgivable loans to businesses to encourage them to keep workers employed during the pandemic. Carruthers also submitted a loan application under the SBA’s ‘’Economic Injury Disaster Loan Program” (EIDL), which was a program that provided low-interest financing to businesses adversely affected by the pandemic.
According to the plea documents, the loan applications described above contained numerous material misrepresentations and false statements. Carruthers’s business entities were shell businesses that existed on paper only; they had no revenue, employees, or ongoing operations of any sort. However, Carruthers claimed in his applications that each of these entities had between three and 15 employees. The average monthly payroll amounts included in the applications were fictitious, as were representations about how the money would be spent.
Carruthers received approximately $851,963 in proceeds from the 13 loans that were funded as part of his scheme. According to the plea documents, Carruthers used these fraudulently obtained monies to, among other things, pay off the mortgage on his home, purchase a personal watercraft, and pay various personal expenses.
Sentencing is set for December 5, 2023 before Judge Borman.
The case is being prosecuted by Assistant United States Attorney John K. Neal. The investigation was conducted by HSI.
Chelsea Sunn Pleads Guilty to Defrauding Former EmployerRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Chelsea Sunn, 31, of White River Junction, pleaded guilty today in United States District Court in Burlington to a charge of wire fraud. U.S. District Judge William Sessions III released Sunn on conditions pending sentencing, which has been scheduled for December 4.
On July 7, 2023, the United States Attorney filed a one-count information charging Sunn with wire fraud. Sunn pleaded guilty to that information today in court. According to the information, between 2016 and April 2020, Sunn, who was then known as Chelsea Roy, was employed by Blakeman’s Towing and Recovery, a business in White River Junction. Sunn was hired as a full-time office worker but later converted to part-time employment. Sunn was compensated on an hourly basis that included time-and-one-half pay for claimed overtime work. Among other duties, Sunn handled Blakeman’s billing and payroll.
According to the information, beginning no later than December 2018 and continuing at least until March 2020, Sunn defrauded Blakeman’s Towing and Recovery by falsely inflating the hours she reportedly worked. This caused Blakeman’s to pay Sunn tens of thousands of dollars beyond her authorized compensation.
In the course of defrauding Blakeman’s Towing and Recovery, Sunn used the interstate wire communication system to report her fraudulently-inflated work hours, and caused Blakeman’s to make electronic direct deposits of fraudulently-obtained funds into Sunn’s bank account in Vermont.Sunn faces a maximum penalty of 20 years in prison and a fine of up to $250,000. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
This case was investigated by the United States Secret Service.Sunn is represented by David Kirby, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
California Man Sentenced to over 13 Years of Prison for Possession with Intent to Distribute FentanylRead the Press Release
Gulfport, Miss. – A California man was sentenced to 159 months in prison for possession with intent to distribute fentanyl, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Cedric Joseph Gaytan, age 63, of Orange, California, was sentenced in U.S. District Court in Gulfport.
According to court records, after a controlled purchase of fentanyl pills from Gaytan on July 22, 2022, agents obtained a search warrant for Gaytan’s Biloxi residence. During the search of the residence, investigators located 173 grams of fentanyl inside of a grandfather clock in the living room.
Gaytan was indicted by a federal grand jury on August 16, 2022. He pled guilty to one count of possession with intent to distribute fentanyl on March 28, 2023.
The case was investigated by the Drug Enforcement Administration and the Biloxi Police Department.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
California Man Sentenced to Almost 20 Years in Prison for Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
Gulfport, Miss. – A California man was sentenced to 237 months in prison for Conspiracy to Possess with Intent to Distribute Methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Brent Alan Wright, age 50, of Yorba Linda, California, was sentenced on August 3, 2023 in U.S. District Court in Gulfport.
According to court records, on December 29, 2021, DEA agents received information regarding a drug trafficking organization in Long Beach, MS. The investigation revealed that the leader of this drug trafficking organization (DTO), Antonina Troyer, was receiving multi-pound packages of methamphetamine from Brent Alan Wright in California. Wright used the United States Postal Service to ship methamphetamine to Troyer on several occasions. During the course of the conspiracy, Wright shipped approximately 2.9 kilograms of methamphetamine to South Mississippi.
The case was investigated by the Drug Enforcement Administration and Hancock County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
Brantley County man sentenced to federal prison for distributing sexually explicit images of childrenRead the Press Release
BRUNSWICK, GA: A south Georgia man has been sentenced to more than 10 years in federal prison for distributing sexually explicit images of children.
Gary Kreitzman, 36, of Nahunta, Ga., was sentenced to 142 months in prison after previously pleading guilty to Distribution of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Lisa Godbey Wood also ordered Kreitzman to register as a sex offender and to serve 10 years of supervised release upon completion of his prison term.
There is no parole in the federal system.
“Children are re-victimized every time sexually exploitive images are shared,” said U.S. Attorney Steinberg. “We are committed to working with our law enforcement partners to hold accountable the predators who endanger our most vulnerable citizens.”
As described in court documents and testimony, the Georgia Bureau of Investigation received a cybertip from the National Center for Missing and Exploited Children in July 2020, alerting agents to images of child pornography being transferred through an online chat application. The investigation led the agents to Kreitzman’s residence, and during a search of the property, agents seized multiple electronic devices with hundreds of sexually explicit images of children. Kreitzman told investigators that he shared the images in the online chat application to gain access to more images.
“The GBI’s Child Exploitation and Computer Crimes Unit is committed to protecting children from these predators,” said Chris Hosey, Director of the Georgia Bureau of Investigation. “This federal prison sentence illustrates the results of a strong and united partnership amongst local, state, and federal agencies.”
The case was investigated by the Georgia Bureau of Investigation and the Brantley County Sheriff’s Office and prosecuted for the United States by Assistant U.S. Attorney Jennifer M. Kirkland.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Baton Rouge Man Sentenced to Seventeen Years in Federal Prison for Armed Robbery and Related Gun OffenseRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced that U.S. District Judge John W. deGravelles sentenced Oreall Ruffin, age 25, of Baton Rouge, Louisiana, to 205 months in federal prison following his convictions for interference with commerce by robbery and using, carrying, and brandishing a firearm during a crime of violence. The Court further ordered Ruffin to serve three years of supervised release following his term of imprisonment.
According to admissions made as part of his guilty plea, on or about November 17, 2019, Ruffin along with three other masked and armed men, entered the Dollar General store on 4755 Prescott Drive in Baton Rouge, Louisiana. The four robbers all brandished handguns. In the store, Ruffin walked up to a Dollar General cashier and pointed his handgun at the cashier. Ruffin then jumped over the register and, unlawfully and against their will, took money from the safe while directly in the presence of a Dollar General employee. Ruffin and the other robbers obtained approximately $7,000 from Dollar General.
On or about November 21, 2019, Ruffin and three other individuals approached two employees of the Dollar General store located at 6365 Scenic Hwy as they stood outside the front door getting ready to lock the security gate. All robbers were wearing masks and armed with guns. During the robbery, Ruffin wore a gas mask that had distinctive red markings on it. The robbers, brandishing their guns, forced the two employees to open the door and enter the store. Ruffin ordered an employee to the back of the store while pointing a handgun at him and had the employee turn off an alarm. While in the presence of the robbers, an employee, against her will, removed approximately $1,200 from a safe and provided it to the robbers.
On or about November 22, 2019, Ruffin along with another masked, armed man entered the Family Dollar store located at 3777 North Sherwood Forest Blvd holding and pointing handguns at two Family Dollar employees working near the end of their shift. During the robbery, Ruffin wore a gas mask with distinctive red markings. He ordered an employee to get on the ground and open the safe. The employee opened the safe and handed the money to the robbers. The robbers, unlawfully and against the employees’ will, took approximately $2,416.48 dollars.
U.S. Attorney Ronald Gathe stated, “Crimes such as these have a lasting affect on the victims. No one should be forced at gunpoint to submit to the will of another. I thank all of our local and federal partners for working together and bringing this defendant to justice.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Baton Rouge Police Department with assistance from the Louisiana State Police Crime Laboratory. This case was prosecuted by Assistant United States Attorneys Jeremy S. Johnson and M. Patricia Jones.
Andrew Haden Sworn in as Acting U.S. AttorneyRead the Press Release
NEWS RELEASE SUMMARY – August 7, 2023
SAN DIEGO – Andrew R. Haden was sworn in today as Acting U.S. Attorney for the Southern District of California, one of the busiest federal districts in the nation. U.S. District Court Chief Judge Dana Sabraw administered the oath of office to Haden in the presence of his senior leadership team and a small group of friends and family.
Haden is a veteran prosecutor who has served in several high-profile leadership roles for the U.S. Attorney’s Office, including as the First Assistant U.S. Attorney (second-in-command) for the last year. Officially, Haden was appointed as Acting U.S. Attorney by the Department of Justice, under the Vacancies Reform Act, after the resignation on August 4, 2023, of then-U.S. Attorney Randy S. Grossman.
“I am deeply honored to serve our nation and the people of this District as Acting United States Attorney,” Haden said. “I am looking forward to continuing my work with the outstanding team at the U.S. Attorney’s Office and our excellent law enforcement partners.”
The U.S. Attorney’s Office enforces federal criminal laws in the Southern District of California, which includes San Diego and Imperial counties, and represents the federal government in civil litigation. The office is one of the nation’s largest, comprised of approximately 300 attorneys and staff members. As the Acting U.S. Attorney, Haden is the chief federal law enforcement official for the district.
Haden is a career federal prosecutor. He joined the U.S. Attorney’s Office in 2010, after being selected and hired through the Attorney General’s Honors Program. During his almost 13 years in the San Diego office, Haden has worked in the General Crimes Section, as the District’s Project Safe Neighborhoods Coordinator, as a Deputy Chief in both the Reactive and Major Crimes Sections, as the Chief of the Violent Crimes & Human Trafficking Section, as the Chief of the Criminal Division, and most recently, as the First Assistant U.S. Attorney.
In 2020, Haden received the nationwide Director’s Award for Superior Performance in a Managerial or Supervisory role from the Executive Office for United States Attorney’s for “extraordinary leadership contributions” to the Department of Justice from 2016-2019. Prior to joining the U.S. Attorney’s Office, Haden served as a law clerk for U.S. District Judge Thomas J. Whelan in the Southern District of California.
A San Diego native, Haden is a graduate of University City High School. He received his Bachelor of Arts in Political Science from Stanford University. After college, Haden was commissioned as an Officer in the United States Navy where he served for five years, which included two overseas deployments. For his last assignment, Haden was the Navigator on the USS MOBILE BAY (CG-53), a guided-missile cruiser homeported in San Diego. Haden received his law degree from the University of San Diego.
Additional defendant charged in case involving armed robbery of mail carrierRead the Press Release
COLUMBUS, Ohio – A third defendant has been arrested on charges relating to an April 2023 armed robbery of a mail carrier.
Cody N. Beasley, also known as “Drose,” 22, of Columbus, was included in a superseding indictment returned in federal court on Aug. 3. Beasley remains in federal custody.
Mahad S. Jama, 21, of Westerville, and Da’mon D. May, 18, of Columbus, were charged in April 2023, 10 days after they allegedly robbed a mail carrier at gunpoint.
According to court documents, on April 4 at 3:20pm, Jama and May robbed at gunpoint a USPS letter carrier who was sitting in his work vehicle on Sawmill Road in Dublin.
Jama allegedly approached the USPS vehicle, brandished a handgun that May provided him, and demanded the carrier’s U.S. Postal Service key. Beasley is alleged to have aided and abetted them in that robbery.
The defendants allegedly robbed the worker of an “arrow key” that gives access to mail collection boxes. The U.S. Attorney’s Office and partner law enforcement agencies continue to investigate a network of individuals involved in robbing or stealing U.S. Postal Service keys for the purpose of stealing checks from collection boxes.
The three defendants are charged with robbery of mail, a federal crime punishable by up to 25 years in prison, and using, carrying, and brandishing a firearm during a crime of violence, which carries a penalty of at least seven years in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and Lesley C. Allison, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Pittsburgh Division; announced the charges. Assistant United States Attorneys Noah R. Litton and Elizabeth A. Geraghty are representing the United States in this case.
A superseding indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Activity in the U.S. Attorney's OfficeRead the Press Release
Sexual Exploitation of a Child
Kyle Smith, age 33, of Sheridan, Wyoming, was sentenced on July 31, 2023, to 420 months’ imprisonment for sexual exploitation of children and attempted sexual exploitation of a child. U.S. District Court Judge Alan B. Johnson imposed the sentence which included fifteen years of supervised release, a $200 special assessment and $3,206.67 in restitution.
According to court documents, the case originated when Internet Crimes Against Children (ICAC) investigators received Cybertips from both Snapchat and Instagram for accounts that were associated with the defendant. While ICAC was investigating these Cybertips, police in Mansfield, Texas, were separately investigating Snapchat accounts linked to the defendant for soliciting child pornography and sextortion. ICAC agents obtained search warrants and discovered that Smith was messaging numerous underage girls over Snapchat and other applications. In the messages, Smith would threaten and manipulate the underage girls into producing child pornography for him. This case was investigated by the Wyoming Division of Criminal Investigation’s ICAC unit, the Mansfield (Tex.) Police Department, and Homeland Security Investigations. Assistant U.S. Attorney Z. Seth Griswold prosecuted the case. Case No. 22-CR-00137
Firearm Offenses
Luis Martinez-Garcia, age 36, a citizen of Mexico who was unlawfully in the United States, was sentenced on July 25, 2023, to 12 months’ probation with special conditions and a $100 special assessment for intending to transfer ammunition to a prohibited person. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence. According to court documents, Martinez-Garcia was detained by the Mills Police Department after a traffic stop where he was in possession of a firearm and .40 caliber ammunition. When stopped, Martinez-Garcia was driving to a shooting range where he intended to give the ammunition to an acquaintance who was also not lawfully in the United States and therefore a person prohibited from possessing a firearm or ammunition under federal law. Martinez-Garcia was later taken into custody by the U.S. Immigration and Customs Enforcement in the Casper for having no legal status in the United States and indicted. This case was prosecuted by Assistant U.S. Attorney Michael J. Elmore. Case No. 23-CR-00035
Drug Trafficking
Derek Ascherin, age 30, of Cheyenne, Wyoming, was sentenced on August 1, 2023, to 51 months’ imprisonment for possession with intent to distribute fentanyl. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence which included three years of supervised release, $500 community restitution and a $100 special assessment.
According to court documents, on October 25, 2022, Cheyenne Police Department (CPD) officers were dispatched to Capitol City Storage on a report of a suspected trespasser asleep in a vehicle. CPD officers arrived on scene and contacted Ascherin asleep in a Honda sedan. During their investigation, officers located multiple plastic bags with methamphetamine and fentanyl pills and placed Ascherin under arrest for being under the influence of a controlled substance. In total, the defendant possessed approximately 17 grams of methamphetamine and 8.9 grams (82 pills) of fentanyl. Ascherin pled guilty to possession with intent to distribute fentanyl. The case was investigated by the Cheyenne Police Department and prosecuted by Assistant U.S. Attorney Timothy J. Forwood. Case No. 23-CR-00026
Illegal Re-Entry of Previously Deported Alien into the U.S.
Luis Montano-Sanchez, age 31, a citizen of Mexico, was sentenced on August 2, 2023, to one month imprisonment for illegal re-entry of a previously deported alien into the United States. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence and recommended the Bureau of Immigration and Customs Enforcement begin removal proceeding during service of his sentence pursuant to the Institutional Hearing Program. This case was prosecuted by Assistant U.S. Attorney Michael J. Elmore.
Carlos Moreno-Rodriguez, age 32, a citizen of Mexico, was sentenced on July 27, 2023, to five months’ imprisonment for illegal re-entry of a previously deported alien into the United States. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence and recommended the Bureau of Immigration and Customs Enforcement begin removal proceeding during service of his sentence pursuant to the Institutional Hearing Program.
About the United States Attorney’s Office
The United States Attorney’s Office is responsible for representing the federal government in virtually all litigation involving the United States in the District of Wyoming, including all criminal prosecutions for violations of federal law, civil lawsuits brought by or against the government, and actions to collect judgments and restitution on behalf of victims and taxpayers. The Office is involved in several programs designed to make our communities safer. They include:
Environmental Justice
The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
Project Safe Childhood
Project Safe Childhood (PSC) is a DOJ initiative that combats the proliferation of technology-facilitated sexual exploitation crimes against children. The threat of sexual predators soliciting children for sexual contact is well-known and serious.
Project Safe Neighborhoods
Project Safe Neighborhoods (PSN) is a nationwide commitment to reducing gun and gang crime in America by networking existing local programs that target gun crime and providing these programs with additional tools necessary to be successful.
Victim Witness Assistance
The Victim Witness Coordinator for the United States Attorney’s Office for the District of Wyoming is dedicated to making sure that victims of federal crimes and their family members are treated with compassion, fairness, and respect.To report a federal crime, go to: https://www.justice.gov/actioncenter/report-crime#traffickin
5 August 2023
Arizona Man Sentenced to More Than 20 Years in Prison for Trafficking Counterfeit Fentanyl Pills into OhioRead the Press Release
CLEVELAND – Solomon Odubajo, 37, of Tempe, Arizona, was sentenced to 248 months of imprisonment on August 3, 2023 by U.S. District Judge Dan Aaron Polster. A jury previously convicted Odubajo at trial of all six counts in his indictment: Conspiracy to Distribute and Possess with Intent to Distribute Fentanyl, Interstate Travel in Aid of Racketeering, Attempted Possession with Intent to Distribute Fentanyl, Possession with Intent to Distribute Fentanyl, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Felon in Possession of a Firearm.
According to evidence introduced at trial, on April 5, 2022, Odubajo mailed a parcel from Phoenix, Arizona to an address in Garfield Heights, Ohio. On April 6, 2022, U.S. Postal Inspectors in Cleveland intercepted the parcel and obtained a search warrant for it. After opening the parcel, the Postal Inspectors found that it contained approximately one kilogram of fentanyl pills, stamped to look like blue 30mg oxycodone pills. The pills were hidden inside of a vacuum cleaner in the parcel. The Cuyahoga County Regional Forensic Sciences Laboratory (CCRFSL) later found latent prints on the interior of the parcel. A latent print examiner at the CCRFSL determined that those matched Odubajo’s prints.
On April 14, 2022, after conducting further investigation, Postal Inspectors made the parcel available for pickup at a Post Office in Cleveland as part of an undercover operation. Solomon Odubajo and a codefendant arrived at the post office and picked up the parcel from an undercover postal inspector. Odubajo then drove the parcel back to a residence in Avon, where he was arrested. When law enforcement searched Odubajo’s vehicle, they found a hidden compartment containing a loaded handgun and approximately $17,500 in cash. A forensic scientist at the CCRFSL later analyzed the handgun and found DNA on it that matched Odubajo’s DNA. Odubajo was prohibited from possessing a firearm under federal law due to a prior felony conviction for drug trafficking.
Law enforcement also searched the Avon residence where Odubajo was arrested. Inside of that residence, law enforcement found Odubajo’s luggage, as well as another half-kilogram of blue “M30” fentanyl pills.
A drug chemist from the CCRFSL testified at trial that each counterfeit fentanyl pill had a net weight of approximately 0.10 grams. This indicated that there were approximately 10,000 pills in the parcel, and an additional 5,000 pills in the Avon residence.
Evidence at trial also showed that Odubajo was arrested at the Atlanta, Georgia airport in February 2022 carrying approximately $35,000 in cash. Atlanta Police seized Odubajo’s cell phone during that arrest, and found messages on the phone that discussed trafficking blue fentanyl pills.
The investigation was conducted by the U.S. Postal Inspection Service, with assistance from the DEA, the Cuyahoga County Regional Forensic Sciences Laboratory, the Cuyahoga County Sheriff’s Office, the ATF, and the Atlanta, Georgia Police Department. The case was prosecuted by Assistant United States Attorneys James Lewis, Alejandro Abreu, and Henry DeBaggis.
4 August 2023
Utica Man Pleads Guilty to Drug Conspiracy and Distribution of FentanylRead the Press Release
SYRACUSE, NEW YORK – Jose Morales, age 31, of Utica, New York, pled guilty yesterday to conspiring to distribute fentanyl and distribution and possession with intent to distribute fentanyl, announced United States Attorney Carla Freedman; Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
In pleading guilty Morales admitted that from May 2020 through October 2021, he acquired quantities of fentanyl from co-conspirators, which he then re-distributed to others in the Utica, New York area. Morales admitted that during his participation in the conspiracy, the drug trafficking organization distributed over 400 grams of fentanyl.
Sentencing is scheduled for December 7, 2023, in front of United States District Judge David N. Hurd. Morales faces a minimum of 10 years in prison, a maximum of life imprisonment, a fine of up to $10 million, and a term of supervised release of at least 5 years and up to life.
This case is being investigated by the U.S. Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation (IRS-CI), Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), the New York State Police (NYSP), the Oneida County Sheriff’s Office, the Oneida County District Attorney’s Office, the Utica Police Department, the Syracuse Police Department, the Rome Police Department, the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the New York Army National Guard Counter Drug Program, the Yorkville Police Department, the Whitesboro Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.
Two St. Paul Men Plead Guilty to Assaulting a Federal AgentRead the Press Release
MINNEAPOLIS – Two St. Paul men have pleaded guilty to assaulting a federal law enforcement officer, announced U.S. Attorney Andrew M. Luger.
According to court documents, on March 30, 2023, law enforcement arranged to conduct a controlled narcotics purchase using an undercover officer (UC), a Drug Enforcement Administration (DEA) Task Force Officer. The UC planned to purchase approximately 1,600 M30 fentanyl pills from Dion Darnell Miller, 27, and Aaron Maurice Admir Harris, 29. Instead, Miller and Harris planned to rob the UC. Later that day, Miller and Harris met the UC at a pre-determined location in St. Paul in a silver Volkswagen. They invited the UC to their vehicle. During the transaction, Miller drew a semi‐automatic handgun with an extended magazine and a laser and pointed it at the UC’s face and torso. Miller and Harris repeatedly told the UC to give up the money. The UC threw cash down inside the silver Volkswagen and got out of the vehicle. Miller and Harris fled the scene in the silver Volkswagen.
Other law enforcement officers followed Miller and Harris to a St. Paul residence where they both ultimately surrendered. Inside the residence, law enforcement recovered the loaded semi-automatic handgun as well as the $2,400 in cash taken from the UC during the robbery.
On August 1, 2023, Miller pleaded guilty to one count of conspiracy to assault a federal law enforcement officer. On August 2, 2023, Harris pleaded guilty to one count of aiding and abetting assault upon a federal law enforcement officer. Sentencing hearings will be scheduled at a later date.
This case is the result of an investigation conducted by the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, the Ramsey County Violent Crimes Enforcement Team, the Minnesota Bureau of Criminal Apprehension, and the St. Paul Police Department.
Assistant U.S. Attorney Allen A. Slaughter is prosecuting the case.
Two More Defendants Plead Guilty to Wire Fraud and Money Laundering ConspiracyRead the Press Release
NEW ORLEANS – DILLON ARCENEAUX, age 33 and a resident of Marrero, Louisiana, and ZEB SARTIN, age 36 and a resident of Lafayette, Louisiana, both pleaded guilty on August 2, 2023 to one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering before U.S. District Court Judge Jane Triche-Milazzo, announced U.S. Attorney Duane A.
As according to court documents, ARCENEAUX and SARTIN conspired with RYAN MULLEN, DUANE DUFRENE, GRANT MENARD, and LANCE VALLO to use several assetless shell Louisiana companies to defraud a merchant cash company based in Georgia. MULLEN and DUFRENE helped establish ARCENEAUX, VALLO, MENARD, and SARTIN as the owners of existing corporations. MULLEN and DUFRENE then created fake vendor accounts for the corporations, and MULLEN, aided by another, created falsified bank records for the companies. MULLEN then used an alias and claimed to be a broker for the companies he helped create.
Using yet another broker, MULLEN supplied the victim merchant cash advance company with the fake vendor accounts and false bank records in order to obtain funding. The victim cash advance company approved the advances and began to electronically wire ARCENEAUX, VALLO, MENARD, and SARTIN millions of dollars in advances. ARCENEAUX, VALLO, MENARD, and SARTIN laundered a portion of the funds by paying MULLEN and DUFRENE percentages of the funds. ARCENEAUX, VALLO, MENARD, and SARTIN then closed their non-existent businesses before fully repaying the victim merchant cash advance company, resulting in overall victim losses of approximately $6.4 million. ARCENEAUX was responsible for approximately $1.6 million in losses to the victim, and SARTIN was responsible for approximately $2.1 million.
ARCENEAUX and SARTIN are to be sentenced on November 1, 2023 and face a maximum sentence of five years on the wire fraud conspiracy, and a maximum sentence of up to twenty years on the money laundering conspiracy. After imprisonment, the defendants face up to three years of supervised release, and up to a $250,000 fine on the wire fraud count, and up to three years of supervised release, and up to a $500,000 fine on the money laundering count. Each count also has mandatory special assessment fee of $100.
U.S. Attorney Evans commended the special agents of the Federal Bureau of Investigation and IRS-Criminal Investigation for their handling of the matter. The case is being prosecuted by Assistant United States Attorneys Edward J. Rivera of the Financial Crimes Unit and Andre Lagarde of the Public Integrity Unit.