Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
1 August 2023
Former Ames Man Sentenced to Four Years in Federal Prison for Fraud and Firearms OffensesRead the Press Release
DES MOINES, Iowa – On August 1, 2023, an Ames man was sentenced to 48 months in prison for making a false statement to a financial institution and possessing firearms after having been previously convicted of a felony.
In early September 2021, Aaron Christopher Lindsey, 34, purchased a 2018 Dodge Durango GT from an Ames car dealership using the fictious identity “Kevin Grant”. Lindsey provided the dealership that false name as well as a false Iowa driver’s license, false social security number, and false date of birth. The false information that Lindsey provided the dealership was also submitted by Lindsey as part of his credit application to obtain financing for the vehicle and caused a local Ames credit union to approve a vehicle loan for more than $42,000.
In late September 2021, law enforcement executed a search warrant at Lindsey’s Ames residence. Officers located eight firearms and ammunition at the residence, including a loaded pistol in the Durango. Lindsey possessed each of these eight firearms and ammunition. Lindsey had been previously convicted of two felonies: a forgery conviction in Marshall County, Iowa in 2017 and a forgery conviction in Story County, Iowa in 2017. At Lindsey’s residence, police also found counterfeit credit cards, blank checks in the names of multiple purported third-persons, counterfeit driver’s licenses, hundreds of blank magnetic strip cards, hundreds of blank EMV “chip” cards, a magnetic strip card encoder, printers, computer equipment, a card cutter, a laminator, laminate papers, and holograms of various state seals.
Following his prison term, Lindsey will be on supervised release for five years. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The case was investigated by the Ames Police Department and the Iowa Department of Transportation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Final Defendant Sentenced to Federal Prison in 12-Defendant, $53 Million Health Care Fraud ConspiracyRead the Press Release
MIAMI – Edgar Perez, 51, of Miramar, Florida, the final defendant in a 12-defendant health care fraud conspiracy was sentenced yesterday to 12 months in federal prison, followed by three years of supervised release, and ordered to pay a restitution in the amount of $547,560.00, for his participation in a health care fraud conspiracy that billed Blue Cross Blue Shield (“BCBS”) for more than $53 million for services, including allergy tests and physical therapy, that patients never received.
Jorge Caballero, 44, of Hialeah, Fla., Alexander Juan, 47, of Miramar, Fla., Aymee Caballero, 52, of Miramar, Fla., Roberto Ballester-Ramos, 55, of Hialeah, Fla., Roberta Ascencion, 69, of Hialeah, Fla., Mara Ventura, 36, of Hialeah Gardens, Fla., Vladimir Perez Pena, 58, of Hialeah, Fla., Amado Plain Moreno, 36, of Miami, Fla., Carlos Sablon, 55, of Hialeah, Fla., Maria Rodriguez-Alvarez, 58, of Hialeah, Fla., and Edgar Perez were indicted on July 28, 2022, and charged with conspiracy to commit health care fraud and wire fraud, and health care fraud.
The defendants opened multiple clinics throughout South Florida, and paid recruiters to provide personal information for BCBS beneficiaries. The defendants then submitted fraudulent bills to BCBS and received payments into clinic bank accounts before transferring to personal accounts, making cash withdrawals, and laundering money through various businesses and individuals.
All defendants entered guilty pleas, and have been sentenced as follows: Jorge Caballero was sentenced to 52 months in prison, Alexander Juan was sentenced to 48 months in prison, Aymee Caballero was sentenced to 41 months in prison, Roberto Ballester Ramos was sentenced to 45 months in prison, Roberta Ascencion was sentenced to 12 months in prison, Mara Ventura was sentenced to 12 months in prison, Vladimir Perez Pena was sentenced to 11 months, Amado Plain Moreno was sentenced to 33 months in prison, Carlos Sablon was sentenced to 12 months in prison, and Maria Rodriguez Alvarez was sentenced to 4 months in prison. They all have agreed to pay more than $9,000,000 in restitution.
“These defendants compromised the integrity of America’s healthcare system by stealing millions of dollars that should have gone to providing quality care to patients with true medical needs,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Such criminal behavior will not be tolerated in this district.”
“Individuals who steal from our health care system are not just stealing money from the government. Instead, they are stealing from the most vulnerable among us – the sick, the elderly, the poor,” said Justin E. Fleck, Deputy Special Agent in Charge, FBI Miami. “The FBI will not relent in our efforts to investigate and bring them to justice, and seize their illegal income and assets in restitution.”
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, made the announcement.
FBI Miami investigated the case. Assistant U.S. Attorney Lindsey Lazopoulos Friedman prosecuted it. Assistant U.S. Attorney Joshua Paster is handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-20341.
###
Federal Grand Jury Indicts Bullitt County Man for Possession of a Firearm by a Convicted FelonRead the Press Release
Louisville, KY – A federal grand jury returned an indictment on August 1, 2023, charging a Bullitt County man with possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office, and Colonel Marcus Laytham, Chief of the Mt. Washington Police Department, made the announcement.
According to the indictment, James Nott, 39, of Mt. Washington, Kentucky, was charged with possession of a firearm by a convicted felon. On July 11, 2023, Nott possessed an AK-type 7.62 mm rifle, a Charter Arms .38 special revolver, and ammunition. Nott was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses. On November 11, 2011, in the U.S. District Court for the Western District of Kentucky, Nott was convicted of possession of an unregistered destructive device and possession of a firearm by an unlawful user of marijuana.
The felon in possession of a firearm offense charged in today’s indictment, arose from a federal search warrant executed at Nott’s residence in connection with a search for firearms and trafficked human remains. Nott previously made his initial appearance before a U.S. Magistrate Judge in the U.S. District Court for the Western District of Kentucky, and he was ordered detained pending trial. Nott is scheduled for arraignment on August 4, 2023.
If convicted, Nott faces a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
The FBI and the Mt. Washington Police Department are investigating the case.
Assistant United States Attorneys Christopher Tieke and Stephanie Zimdahl are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Eleven Charged in $4.5 Million Dollar Pandemic Fraud SchemeRead the Press Release
DETROIT - Eleven residents of southeast Michigan have been charged in a 23-count indictment for their alleged role in a multi-million-dollar unemployment insurance fraud scheme targeting funds set aside for unemployment assistance during the COVID-19 pandemic, announced United States Attorney Dawn N. Ison.
Joining in the announcement were Department of Labor – Office of the Inspector General (DOL-OIG) Special Agent-in-Charge of the Great Lakes Region, Irene Lindow, and Acting Special Agent in Charge Devin J. Kowalski of the Detroit Feld Office of the Federal Bureau of Investigation (FBI).
Charged are Marcellus Dunham, 23, of Redford, Jaylin Davis, 22, of Detroit, Daniel Holt, 21, Day’on Holt, 22, both of Detroit, Daveontae White, 24, of West Bloomfield, Armani Haller, 22, of Clinton Township, Aaniya Carroll, 22, of Detroit, Laron Stroud, 23, of Detroit, Jaylin Qualls, 23, of Harper Woods, Cheikh Sene, 23, of Southfield, and Deleonte Rogers, 23, of Westland. Each defendant is charged with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.
According to the indictment, the eleven defendants used stolen personal identifying information of other individuals to file fraudulent claims for pandemic unemployment assistance in multiple states. The indictment alleges that the defendants illegally obtained over $4.5 million in government funds over the course of their scheme.
“My office won’t cease our efforts to hold accountable those who used a global pandemic to enrich themselves at the expense of taxpayers,” stated U. S. Attorney Dawn Ison.
“An important part of the mission of the Office of Inspector General is to investigate allegations of fraud related to unemployment insurance programs. We will continue to work with our law enforcement partners to aggressively investigate these types of allegations”, said Irene Lindow, Special Agent in Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
“Unfortunately, many people believed they could defraud unemployment programs during the global pandemic and never face the consequences,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “This investigation proves the FBI, and our state and federal partners, will continue to investigate and bring these criminals to justice no matter how long it takes.”
The defendants face up to twenty years in prison based on the wire fraud and wire fraud conspiracy charges, and a mandatory two-year prison sentence for aggravated identity theft.
An indictment is only a charge and is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by Assistant United States Attorneys Ryan Particka and Sarah Youngblood. The investigation is being conducted jointly by the FBI, DOL- OIG, Department of Homeland Security, Homeland Security Investigations, and the State of Michigan Unemployment Insurance Agency.
Dominican Citizen Sentenced to 18 Months for Selling Cocaine After Illegally Returning to United StatesRead the Press Release
SYRACUSE, NEW YORK – Jose Campusano, age 38, a citizen of the Dominican Republic residing in Utica, New York, was sentenced yesterday to serve 18 months in federal prison for selling cocaine and illegally reentering the United States.
The announcement was made by United States Attorney Carla B. Freedman; Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division; and Thomas Brophy, Field Office Director of Immigration and Customs Enforcement- Enforcement and Removal Operations (ICE-ERO), Buffalo Field Office.
In pleading guilty, Campusano admitted that after being deported from the United States in 2009, he returned without permission. While he was living in the Utica area illegally, Campusano sold cocaine to another individual on six separate dates.
Chief United States District Judge Brenda K. Sannes also ordered that Campusano serve a three-year term of supervised release following his release from prison.
The U.S. Drug Enforcement Administration (DEA) and U.S. Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO) investigated the case with assistance from the New York State Police, Oneida County Sheriff’s Department, Onondaga County District Attorney’s Office, the Syracuse Police Department, and Utica Police Department. Assistant U.S. Attorney Jessica N. Carbone prosecuted the case.
Del Rio Man Sentenced for Smuggling More Than 10,000 Rounds of Ammunition into MexicoRead the Press Release
DEL RIO, Texas – A Del Rio man was sentenced in a federal court in Del Rio last week to 57 months in prison with credit for time served for smuggling goods from the United States.
According to court documents, Hugo Medina, 40, was selected for an inspection in the outbound lane of the Del Rio Port of Entry on Sept. 24, 2020. After he elected to not declare any weapons, ammunition or currency over $10,000, Customs and Border Protection officers located a black duffle bag containing small boxes in the trunk of Medina’s vehicle. The officers confirmed that the boxes contained ammunition and took Medina into custody. Following a vehicle inspection scan, officers seized a total of 10,498 rounds of ammunition.
“Transporting ammunition into Mexico is a serious offense,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Along with our law enforcement partners, my office is committed to stopping the supply of dangerous weapons across the border into Mexico.”
“The sentencing sends a clear message to individuals who facilitate the illegal sale and movement of ammunition. Combatting ammunition smuggling is a top priority for Homeland Security Investigations,” said Special Agent in Charge Craig Larrabee for Homeland Security Investigations San Antonio Division. “Through collaborative law enforcement with our federal, state and local partners, we aggressively investigate individuals involved in these activities to prevent the items from falling into the hands of transnational criminal organizations.”
Claudia Veronica Flores, who purchased the ammunition and arranged for it to be smuggled into Mexico, pleaded guilty on Aug. 15, 2022 to conspiracy to smuggle goods from the United States in DR:21-CR-2145. Her sentence hearing is currently scheduled for Dec. 4.
HSI investigated the case.
Assistant U.S. Attorney Izaak Bruce prosecuted the case.
###
Defense contractor sentenced to prison for providing fraudulent parts to militaryRead the Press Release
COLUMBUS, Ohio – A California man was sentenced in U.S. District Court in Columbus today to three months in prison for committing crimes related to supplying the military with faulty parts.
Timothy W. Foley, 72, was also ordered to pay restitution of more than $1.3 million.
According to court documents, Foley was the operator and co-owner of Parts Source International Inc. in Goleta, California. Parts Source was a Department of Defense contractor who sold and supplied a variety of military parts to the DoD for use on military weapons systems, and some of which were critical application items, and invoiced the Defense Finance and Accounting Service (DFAS) in Columbus, Ohio, for payment.
Foley admitted that from 2012 through 2019, he conspired to supply non-conforming parts to the DoD. Foley submitted 131 quotes for purchase orders that stated he would provide the exact product as required by the government. Rather, as testing and documents revealed, Foley provided unapproved substitutions in fraudulent packaging rendering them unacceptable for use by the military.
Parts Source received a total of approximately $1.36 million in payments for the parts. Foley pleaded guilty in November 2022 to conspiring to commit wire fraud and to money laundering.
Foley’s co-defendant, Jimmy Daryl Thomas, 52, of White House, Tennessee, was sentenced in May 2023 to two months in prison and three years of supervised release for participating in the wire fraud conspiracy. Thomas assisted Foley in procuring cheaper, non-conforming parts on at least 29 contracts. He also helped provide false packaging and invoices. As part of his sentence, Thomas was ordered to pay more than $219,000 in restitution.
“Behavior such as this, from individuals putting profit over the safety of the dedicated men and women in our military, will not be tolerated,” said U.S. Attorney Kenneth L. Parker. “When we find individuals supplying fraudulent items to the U.S. military, we will address these illegal acts as the serious crimes they are.”
“Protecting the integrity of the U.S. Department of Defense (DoD) supply chain is a priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DoD Office of Inspector General,” said Patrick J. Hegarty, Special Agent in Charge of the DCIS Northeast Field Office. “The introduction of defective parts into the DoD supply chain endangers the lives of American service members and threatens our military readiness. The DCIS is committed to working with the U.S. Attorney's Office, Southern District of Ohio, the Defense Logistics Agency, and our law enforcement partners to ensure that individuals who engage in fraudulent activity, at the expense of the U.S. military, are investigated and prosecuted.”
U.S. Attorney Parker and Special Agent in Charge Hegarty were joined by the Defense Finance and Accounting Service (DFAS), and Bryant Jackson, Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS-CI), in announcing the sentence imposed today by U.S. District Judge Sarah D. Morrison. Assistant United States Attorney Jessica W. Knight and Special Assistant United States Attorney J. Michael Marous are representing the United States in this case.
# # #
Defendant Sentenced to 19 Years in Federal Prison for a Racketeering Conspiracy, Including Two MurdersRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Demonte Kellum, age 26, of Baltimore to 19 years in federal prison, followed by 5 years of supervised release, for conspiracy to participate in racketeering activity, specifically, his involvement in three armed robberies in 2019, two of which resulted in the murder of the victims.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Acting Commissioner Richard Worley of the Baltimore Police Department.
“This crew’s reign of terror is over. The violent armed robberies committed by Kellum led to the deaths of two victims and suffering by their families, friends and the entire Baltimore community,” said U.S. Attorney Erek L. Barron. “We will continue to use every tool available to aggressively prosecute violent offenders.”
“The reality of guns in Baltimore is that criminals who possess them do so with the intent to use them. It is not just to show off or use as a threat—they are ready and willing to shoot someone without a second thought,” said ATF Special Agent in Charge Toni M. Crosby. “ATF and our law enforcement partners will continue to do everything we can to take these trigger-pullers off the street so the citizens of Baltimore can live more safely.”
According to his guilty plea, from April 2019 to August 2019, Kellum and at least five others were co-conspirators in an enterprise that engaged in a pattern of deadly racketeering activity, including a series of armed carjackings, armed robberies and attempted armed robberies in Baltimore City, as well as the pawning of stolen goods. Members of the enterprise used at least three different firearms to commit the crimes and shared the proceeds of their exploits. The members also used carjacked cars to commit other carjackings and acts of violence.
Kellum admitted that he participated in three armed robberies, specifically, the attempted armed robbery of a victim on July 23, 2019, in the 4900 block of Goodnow Road in Baltimore, during which one member of the conspiracy shot and killed the victim; the armed robbery of a victim on August 1, 2019, in the 2600 block of Talbot Road in Baltimore, during which the conspirators brandished firearms and tied up the victim; and later on August 1, 2019, the attempted armed robbery of a victim in the 5300 block of Fernpark Avenue in Baltimore during which one of the conspirators shot and killed the victim.
As detailed in his plea agreement, the investigations showed that co-conspirators committed eight carjackings and eight additional armed robberies or attempted armed robberies, including two where the victims were shot and a third where the victim was shot and killed.
Co-defendant Karon Foster, age 28 and Rashaud Nesmith, age 22, both of Baltimore, were each sentenced to 40 years in federal prison for their roles in the racketeering enterprise; and Malik Evans, age 25, of Baltimore, was sentenced to 17 years in federal prison. Co-defendant Jamai Wells, age 33, of Baltimore pleaded guilty to the racketeering conspiracy and related charges and is awaiting sentencing. A fifth co-defendant is scheduled to go to trial early next year.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF, the Baltimore Police Department, and the Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Patricia C. McLane and Clinton J. Fuchs who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
# # #
Colorado Man Arrested for Illegally Trafficking Firearms into Washington, D.C.Read the Press Release
WASHINGTON – Federal law enforcement, today, arrested Demarco Diggs, 26, of Aurora, Colorado, for trafficking-in dozens of firearms, including numerous firearms recovered in the Washington, D.C.-area. Diggs is charged by indictment with engaging in the business of dealing in firearms without a license, and illegally transporting firearms. Diggs will have a detention hearing on August 3, 2023 in the District of Colorado.
The charges were announced U.S. Attorney Matthew M. Graves, ATF Special Agent in Charge Craig Kailimai, of the Washington Division, Acting United States Marshal Peter D. Marketos, of the District of Columbia, and Acting Chief Pamela Smith, of the Metropolitan Police Department.
According to the indictment, from on or about June 2021 to March 2023, Diggs engaged in the business of dealing in firearms without a license. The indictment also charges Diggs with illegally transporting firearms into the District of Columbia on or about June and July of 2021. Finally, the indictment seeks forfeiture of over two dozen firearms, as well as corresponding assorted ammunition, from Diggs. Among the firearms recovered, at least one has been linked to a D.C.-area shooting, and was traced back to Diggs as the purchaser.
“This office, along with our law enforcement partners, will use every legal tool at our disposal to combat straw purchasing and choke off the dangerous flow of illegal guns into our city,” said U.S. Attorney Graves. “The message should be clear: unlawfully buying a gun for a prohibited person is a serious federal offense.”
“Today’s announcement sends a clear message that participating in straw purchasing and firearm trafficking related schemes will have consequences. ATF continues to work with our law enforcement partners to ensure those who violate firearm related laws are held accountable,” said ATF Special Agent in Charge Kailimai. “One of our top priorities is to maintain public safety, so that citizens can feel safe in their communities.”
“The United States Marshals Service for the District of Columbia (D/DC) is proud to work with our federal, state, and local partners in a coordinated effort to keep illegal firearms off the streets of Washington, D.C.,” said Acting United States Marshal Marketos. “We are committed to continue our joint efforts to ensure the apprehension of those individuals who engage in the illegal sales and transportation of firearms and other crimes that lead to violence. This apprehension is a perfect example of the lengths to which the United States Marshals Service will go to make our city safer for the community.”
The forfeiture allegations represent the firearms recovered in Washington, D.C. as well as additional firearms recovered from a search of Diggs’s residence, and firearms that Diggs had advertised for sale.
Each charge carries a statutory maximum sentence of five years in prison. The sentence will be determined by the court after considering the advisory Sentencing Guidelines and other factors.
This case was jointly investigation by the Metropolitan Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Marshals Service (USMS), with assistance from ATF Denver Regional Anti-Violence Enforcement Network (RAVEN). It is being prosecuted by Assistant U.S. Attorneys Andy Wang and Matthew W. Kinskey of the Violence Reduction and Trafficking Offenses (VRTO) Section.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Clinical laboratory and owner agree to pay to resolve outstanding judgment for inflated mileage-based lab tech travel allowance feesRead the Press Release
HOUSTON – BestCare Laboratory Services LLC, a now defunct Texas-based company that operated as a clinical laboratory, and its owner and founder, Karim A. Maghareh, have agreed to pay an additional $5.7 million to settle an outstanding False Claims Act judgment against them.
The judgment was entered in 2018 after a court found BestCare knowingly submitted false claims to Medicare, as Maghareh directed, by billing for travel allowance reimbursements that did not reflect the mileage lab technicians had actually traveled when they collected specimens from nursing home residents in Texas.
The settlement announced today is designed to resolve BestCare and Maghareh’s outstanding obligation under the 2018 judgment. The settlement provides for payments totaling $5.7 million and the possibility of additional annual payments for five years based on Maghareh’s future income. These payments are in addition to $789,652 that the United States has already collected since 2018. The settlement amount is based on the Department of Justice’s ability-to-pay policy.
Richard Drummond originally filed the lawsuit in 2008 under the qui tam, or whistleblower, provisions of the False Claims Act. The qui tam provisions allow private parties, called relators, to sue on behalf of the United States individuals or companies they believe have knowingly submitted false claims for government funds. Relators are entitled to receive 15 to 25 percent of any recovery if the United States intervenes in the suit, as it did here in 2011. As part of this settlement, the relator will receive $1,311,000.
“Health care providers that submit inflated reimbursement claims to Medicare waste funds intended to ensure access to vital medical services,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates the Department’s resolve to ensure that those who defraud the taxpayers are held accountable.”
“When the greedy manipulate the Medicare system, it affects us all, especially the elderly,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas (SDTX). “It’s a waste of resources meant to help those in need. This fraudulent scheme adversely impacted our healthcare system because of the inflated costs associated with transporting lab samples. This settlement brings to bear some economic justice, by requiring those that orchestrated the fraudulent scheme to pay for their actions.”
This settlement illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The resolution obtained in this matter was the result of a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; SDTX - Affirmative Civil Enforcement Section; and the Department of Health and Human Services, Office of Inspector General. SDTX Assistant U.S. Attorney Elizabeth Karpati and Fraud Section Senior Trial Counsel Andrew A. Steinberg handled the matter.
Clinical Laboratory and Its Owner Agree to Pay an Additional $5.7 Million to Resolve Outstanding Judgement for Billing Medicare for Inflated Mileage-Based Lab Technician Travel Allowance FeesRead the Press Release
BestCare Laboratory Services LLC (BestCare), a now defunct Texas-based company that operated as a clinical laboratory, and its owner and founder, Karim A. Maghareh, have agreed to pay an additional $5.7 million to settle an outstanding False Claims Act judgment against them. The judgment was entered in 2018 after a court found that BestCare knowingly submitted false claims to Medicare, as directed by Maghareh, by billing for travel allowance reimbursements that did not reflect the mileage that lab technicians had actually traveled when they collected specimens from nursing home residents in Texas.
The settlement announced today is designed to resolve BestCare and Maghareh’s outstanding obligation under the 2018 judgment. The settlement provides for payments totaling $5.7 million and the possibility of additional annual payments for five years based on Maghareh’s future income. These payments are in addition to $789,652 that the United States has already collected since 2018. The settlement amount is based on the Justice Department's ability-to-pay policy.
The original lawsuit was filed in 2008 by Richard Drummond under the qui tam, or whistleblower, provisions of the False Claims Act. The qui tam provisions allow private parties, called “relators,” to sue on behalf of the United States individuals or companies they believe have knowingly submitted false claims for government funds. Relators are entitled to receive 15 to 25 percent of any recovery if the United States intervenes in the suit, as it did here in 2011. As part of this settlement, the relator will receive $1,311,000.
“Health care providers that submit inflated reimbursement claims to Medicare waste funds intended to ensure access to vital medical services,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates the department’s resolve to ensure that those who defraud the taxpayers are held accountable.”
“When the greedy manipulate the Medicare system, it affects us all, especially the elderly,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “It’s a waste of resources meant to help those in need. This fraudulent scheme adversely impacted our healthcare system because of the inflated costs associated with transporting lab samples. This settlement brings to bear some economic justice, by requiring those that orchestrated the fraudulent scheme to pay for their actions.”
This settlement illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The resolution obtained in this matter was the result of a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; the U.S. Attorney’s Office for the Southern District of Texas, Affirmative Civil Enforcement Section; and the Department of Health and Human Services, Office of Inspector General. The settlement was handled by Fraud Section Senior Trial Counsel Andrew A. Steinberg and Assistant U.S. Attorney Elizabeth Karpati for the Southern District of Texas.
This case is captioned United States ex rel. Drummond v. BestCare Laboratory Services LLC and Karim A. Maghareh, Case No. 4:08cv2441 (S.D. Tex.).
SettlementChickasha Man Sentenced to Serve a Decade in Prison for Illegally Possessing a FirearmRead the Press Release
OKLAHOMA CITY – Yesterday, JAMES LANDON MCCULLOUGH, 39, of Chickasha, Oklahoma, was sentenced to serve 10 years in federal prison, the statutory maximum, for illegally possessing a firearm after a prior felony conviction, announced U.S. Attorney Robert J. Troester.
On July 21, 2022, a federal grand jury returned a one-count indictment against McCullough, charging him with being a previously convicted felon in possession of a firearm. On December 5, 2022, McCullough pleaded guilty to the one-count indictment and admitted to possessing a 9mm handgun with an obliterated serial number after a prior felony conviction.
According to public records, on June 16, 2022, law enforcement encountered McCullough during an undercover commercial sex work investigation at an Oklahoma City metro motel. During the investigation, McCullough watched from a nearby balcony as authorities arrested an individual for engaging in commercial sex work. McCullough approached the room where law enforcement had taken the commercial sex worker into custody. He was armed with a firearm at the time and admitted to being a felon.
On Monday, U.S. District Judge Scott L. Palk sentenced McCullough to serve 10 years in federal prison, followed by three years of supervised release. In announcing the sentence, Judge Palk noted McCullough’s lengthy criminal history, including his history involving domestic violence.
Public records reflect McCullough holds multiple felony convictions. These convictions include Burglary in the Second Degree and Domestic Assault and Battery, in Oklahoma County case numbers CF-2014-6247 and CF-2014-6255; Distribution of a Controlled Dangerous Substance – cocaine base and Possession of a Controlled Dangerous Substance in the Presence of a Child Under Twelve Years of Age in Oklahoma County case number CF-2003-2678; Possession of a Controlled Dangerous Substance – cocaine base in Oklahoma County case number CF-2010-230; Possession of a Controlled Dangerous Substance – cocaine in Oklahoma County case number CF-2010-138. McCullough also holds a misdemeanor Domestic Assault and Battery in Oklahoma County case number CM-2012-1096.
This case is the result of investigations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Oklahoma City Police Department. Prosecuted by Assistant U.S. Attorney Mary E. Walters, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, the Department announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
This case is also part of “Operation 922.” Operation 922 is the Western District of Oklahoma’s implementation of Project Safe Neighborhoods, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. “Operation 922” prioritizes prosecution of federal crimes connected to domestic violence.
For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.
Reference is made to public filings for more information.
Charleston Man Sentenced to 15 Years in Prison for Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Mark Bolling, 55, of Charleston, was sentenced today to 15 years in prison, to be followed by five years of supervised release, for possession with intent to distribute fentanyl, possession with intent to distribute 50 or more grams of methamphetamine, being a felon in possession of firearms and ammunition, and illegal possession of a firearm silencer.
A federal jury convicted Bolling of the charges on February 16, 2023, following a three-day trial. Evidence at trial proved that on September 19, 2020, a law enforcement officer in Fayette County conducted a traffic stop of a vehicle driven by Bolling and recovered approximately 100 grams of methamphetamine, 30 grams of fentanyl, a pistol magazine containing .45-caliber ammunition, and $7,000 from the vehicle.
On September 21, 2020, law enforcement officers executed a search warrant at Bolling’s property on Keystone Drive in Charleston and seized a Rock River Arms, model LAR-15, 5.56mm rifle, a Bryco Arms, model 38, .380-caliber pistol, and a Gemtech, Model HALO, 5.56mm silencer.
The silencer was not registered to Bolling in the National Firearms Registration and Transfer Record. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Bolling was prohibited from possessing firearms and ammunition because of prior felony convictions including possession with intent to deliver methamphetamine on September 30, 2019, and transferring and receiving stolen property on September 24, 2018, both in Kanawha County Circuit Court.
Bolling’s long criminal history also includes prior convictions for being a felon in possession of a firearm, domestic battery, two separate violations of protective orders, battery of an officer, possession of a controlled substance, first-degree burglary and vehicle theft.
“This defendant has persistently committed felonies throughout the majority of his adult life, and his continuing involvement in criminal activity and his possession of firearms pose a risk to public safety,” said United States Attorney Will Thompson. “I commend the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Office and the Fayetteville Police Department for their excellent work in this case. I also commend Assistant United States Attorneys Nowles Heinrch and Steve Loew and our trial team for securing guilty verdicts on five counts in this case.”
Senior United States District Judge David A. Faber imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-87.
###
Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Toby Lee Graley, 60, of Charleston, pleaded guilty today to conspiracy to distribute methamphetamine and fentanyl.
According to court documents and statements made in court, since at least June 2022, Graley conspired with several other people to distribute methamphetamine and fentanyl. Graley admitted to obtaining methamphetamine and fentanyl from his supplier and distributed the controlled substances to customers at his Lumari Lane residence in Charleston and other locations within the Southern District of West Virginia. Graley further admitted to arranging drug-related transactions on his cell phone with his supplier and customers. Graley also admitted that he knew several of his customers would redistribute the methamphetamine and fentanyl he sold them.
Graley is scheduled to be sentenced on December 14, 2023, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the U.S. Route 119 Drug Task Force, the West Virginia State Police, the Kanawha County Sheriff’s Office, and the United States Postal Inspection Service (USPIS).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorneys Ryan A. Keefe and J.C. MacCallum are prosecuting the case.
The case is a result of “Operation Into The Woods,” a 10-month investigation of drug trafficking in Kanawha and Boone counties. Graley and several other individuals have been indicted, and law enforcement seized 120 grams of methamphetamine, four shotguns, and approximately $23,150 from Graley when he was arrested. An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2-23-cr-44.
###
Catoosa Man Gets 25 years for Shaking 3-Month-Old SonRead the Press Release
TULSA Okla. – A Catoosa man, responsible for physically abusing his 3-month-old son was sentenced today in Federal Court, announced U.S. Attorney Clint Johnson.
U.S. District Judge Gregory K. Frizzell sentenced Jacob Thomas Shell, 29, to 300 months in federal prison, for child abuse in Indian Country, followed by 5 years of supervised release. Judge Frizzell further ordered Shell to pay more than $6,000 in restitution.
“Jacob Shell forever changed the daily life and future of his three-month old baby,” said U.S. Attorney Clint Johnson. “Child abuse is never acceptable, and with the support of our local law enforcement partners will be aggressively prosecuted. This case should serve as a reminder that parents who feel overwhelmed should seek help.”
According to court documents, On February 12, 2020, Shell, became frustrated after being awakened by the crying of his 3-month-old son. He violently and forcibly shook and threw the child until he stopped crying and was limp. The victim, a citizen of the Choctaw Nation, sustained lifelong injuries and is now physically, developmentally, and cognitively delayed. The child suffered severe visual impairment, forcing him to attend the school for the blind. The child also sustained severe nerve damage, which impacted the child’s physical mobility and use of his right arm. The victim is still undergoing treatment and was in the hospital for a neurosurgical procedure the day Shell was sentenced.
The adoptive parents victim impact statement stated, “Already, by the age of three, our son has spent more time fighting for his life than most people ever will.” They also noted his twin brother is taking on the role of an older brother. Instead of having a same age playmate, he helps and cares for his twin.
The Rogers County Sheriff’s Office and FBI investigated the case. Assistant U.S. Attorney Stephanie Ihler prosecuted the case.
Catawba Co. Man Is Sentenced for Bank Robbery, COVID-19 Fraud, and Aggravated Identity TheftRead the Press Release
CHARLOTTE, N.C. –Spenc’r Denard Rickerson, 36, of Claremont, N.C., was sentenced today to six years in prison followed by two years of supervised release for committing bank robbery, wire fraud, and aggravated identity theft, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Rickerson was also ordered to pay restitution in the amount of $87,583.
Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in North Carolina joins U.S. Attorney King in making today’s announcement.
According to court documents and evidence presented at Rickerson’s trial, between June 30, 2020, and March 20, 2021, Rickerson used false information to apply for a Paycheck Protection Program (PPP) loan and multiple Economic Injury Disaster Loans (EIDL) guaranteed by the U.S. Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Trial evidence established that, in order to obtain the PPP loan, Rickerson submitted a fraudulent application for a non-existent company that contained a number of false information, including the purpose of the loan and the company’s payroll costs. Rickerson also submitted fraudulent applications for several loans under the EIDL program, in which he provided fake information about the number of company employees and gross revenues. As a result of the fraudulent PPP and EIDL loan applications, Rickerson received more than $84,233 in fraudulent funds intended to assist businesses impacted by the coronavirus pandemic.
Court documents show that, in addition to the fraudulent loan scheme, on March 18, 2021, Rickerson committed an armed robbery of a BB&T branch located at 12 North Main Avenue, in Newton, N.C. Rickerson used the stolen funds from the fraudulent loan scheme and the bank robbery to pay bills and to buy cryptocurrency.
Rickerson is in federal custody. He will be transferred to the custody of the Bureau of Prisons upon designation of a federal facility.
The FBI investigated the case with the assistance of the Newton Police Department.
Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte handled the prosecution.
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 www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
California Truck Parts Manufacturer Sinister Diesel Agrees to Pay $1 Million After Pleading Guilty to Conspiracy and for Manufacturing and Selling Illegal Defeat DevicesRead the Press Release
Diesel performance parts manufacturer Sinister Mfg. Company, Inc. – doing business as “Sinister Diesel” – pleaded guilty to criminal charges today in federal court in Sacramento, California, and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.
Image from U.S. v. Sinister Mfg. Company, Inc., Case no. 2:23-CR-168 JAM Plea Agreement, Exhibit A A photo of a truck “rolling coal” that Sinister posted to its Facebook page titled: “Get Serious. Get Sinister.”Sinister Diesel pleaded guilty to a two-count Information, charging it with conspiracy to violate the Clean Air Act (CAA) and defraud the United States, and with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the defendant agrees to pay a $500,000 criminal fine.
Sinister must pay an additional $500,000 under the civil consent decree which the United States filed simultaneously with its civil complaint against Sinister, alleging violations of the CAA’s prohibition against the sale or manufacture of devices that bypass, defeat or render inoperative emissions controls. The civil consent decree prohibits the company from making, selling or offering to sell defeat products, including delete tuners, and prevents Sinister Diesel from transferring intellectual property that would allow others to make such products. To ensure compliance with these requirements, Sinister Diesel will implement a robust internal training program and notify its distributors and former customers about the settlement.
“Businesses that manufacture and sell illegal devices to defeat a vehicle’s emissions controls foster pollution and risk decades of progress in curtailing harmful emissions from motor vehicles in this country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and ensure that emissions control requirements for cars and trucks are being followed.”
“Sinister Diesel sold products that allowed drivers to strip the emissions controls from their trucks, causing a dramatic increase in the release of pollutants that worsen air quality and harm the quality of life,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Environmental laws that control diesel pollution are especially important to protect sensitive populations such as the young, the elderly and people who suffer from respiratory conditions. My Office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”
“For close to ten years, Sinister Diesel sold parts designed to override or disable the emissions control systems on trucks,” said Principal Deputy Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA testing has shown that a vehicle altered with these parts can emit more than 100 times the amount of certain harmful air pollutants, compared to a vehicle with an intact emissions control system. This case shows that we will aggressively prosecute those who manufacture and sell devices designed to defeat vehicle emissions controls.”
According to court documents, Sinister Diesel – from its 2010 incorporation to April 2020 – manufactured and sold parts intended to be installed on motor vehicles, particularly diesel trucks, to enable “deleting” the trucks by removing or disabling the trucks’ emissions control systems. Various products, referred to as “delete devices” or “defeat devices,” are used in the process of “deleting” a vehicle. Sinister often sold its products as part of “delete kits,” sometimes bundled with “delete tunes.” The delete tunes were software produced by another company which could alter a diesel truck’s on-board computer to allow a truck with its emissions controls “deleted” to appear to run normally.
Through its employees, Sinister Diesel reached agreements with other companies that manufactured tuners or tuning platforms to sell their products bundled together. Sinister would often advise customers on other needed parts for their deleted vehicles to run properly with Sinister’s delete kits — such as a tuner or tuning platform and delete tunes — and sell them those products, too. Sinister also counseled customers on how to evade state emissions tests.
Though Sinister sometimes labeled its delete products for “racing” and included disclaimers in marketing materials indicating that its products should be used only in off-road settings, the company knew most of its delete products were purchased by diesel truck drivers who used those products on public roads, not racetracks. At times, approximately 25% of Sinister’s gross revenue stemmed from its delete products. According to Sinister’s sales statistics, between October 30, 2015, and July 17, 2017, it sold 39,792 defeat devices, including at least 35,960 kits that disable vehicles’ exhaust gas recirculation systems.
Deleting a diesel truck causes its emissions to increase dramatically. For example, for a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: Nitrogen oxides increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and particulate matter increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted.
Diesel emissions contain multiple hazardous compounds and harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.
The defendant is scheduled to be sentenced in the criminal case by U.S. District Court Judge John A. Mendez for the Eastern District of California on November 14, 2023. Though Sinister Diesel agreed to pay a $500,000 criminal fine under its plea agreement, the company faces – for each count – a maximum fine of $500,000 or twice the gross pecuniary gain derived from the offense. Its sentence will be determined at the discretion of the court after consideration of all applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The criminal case was the product of an investigation by the EPA’s Criminal Investigation Division, with assistance from the Federal Bureau of Investigation’s Sacramento Field Office. Assistant United States Attorney Katherine T. Lydon of the Eastern District of California and Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division (ENRD) are prosecuting the criminal case. The federal civil case is being handled by Senior Attorney Eric Albert and Senior Counsel Joanna Day of the Environmental Enforcement Section of ENRD, Attorney Advisor David H. Kim of EPA’s Region 9 office, and Janice Chan of the EPA’s Region 9 office.
Stopping the manufacture, sale, and installation of illegal delete devices is a priority for EPA. To learn more, visit: www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines. To learn more about EPA’s criminal enforcement actions on defeat devices, visit www.epa.gov/enforcement/criminal-press-releases-2023 and https://www.epa.gov/enforcement/criminal-press-releases-2022.
The consent decree for this settlement, lodged today in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
California Truck Parts Manufacturer Sinister Diesel Agrees to Pay $1 Million After Pleading Guilty to Conspiracy and for Manufacturing and Selling Illegal Defeat DevicesRead the Press Release
SACRAMENTO, Calif. — Diesel performance parts manufacturer Sinister Mfg. Company Inc. – doing business as “Sinister Diesel” – pleaded guilty to criminal charges today in federal court and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.
Sinister Diesel pleaded guilty to a two-count Information, charging it with conspiracy to violate the Clean Air Act (CAA) and defraud the United States, and with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the defendant agrees to pay a $500,000 criminal fine.
Sinister must pay an additional $500,000 under the civil consent decree, which the United States filed simultaneously with its civil complaint against Sinister, alleging violations of the CAA’s prohibition against the sale or manufacture of devices that bypass, defeat or render inoperative emissions controls. The civil consent decree prohibits the company from making, selling, or offering to sell defeat products, including delete tuners, and prevents Sinister Diesel from transferring intellectual property that would allow others to make such products. To ensure compliance with these requirements, Sinister Diesel will implement a robust internal training program and notify its distributors and former customers about the settlement.
“Sinister Diesel sold products that allowed drivers to strip the emissions controls from their trucks, causing a dramatic increase in the release of pollutants that worsen air quality and harm the quality of life,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Environmental laws that control diesel pollution are especially important to protect sensitive populations such as the young, the elderly, and people who suffer from respiratory conditions. My Office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”
“Businesses that manufacture and sell illegal devices to defeat a vehicle’s emissions controls foster pollution and risk decades of progress in curtailing harmful emissions from motor vehicles in this country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and ensure that emissions control requirements for cars and trucks are being followed.”
“For close to ten years, Sinister Diesel sold parts designed to override or disable the emissions control systems on trucks,” said Principal Deputy Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA testing has shown that a vehicle altered with these parts can emit more than 100 times the amount of certain harmful air pollutants, compared to a vehicle with an intact emissions control system. This case shows that we will aggressively prosecute those who manufacture and sell devices designed to defeat vehicle emissions controls.”
According to court documents, Sinister Diesel – from its 2010 incorporation to April 2020 – manufactured and sold parts intended to be installed on motor vehicles, particularly diesel trucks, to enable “deleting” the trucks by removing or disabling the trucks’ emissions control systems. Various products, referred to as “delete devices” or “defeat devices,” are used in the process of “deleting” a vehicle. Sinister often sold its products as part of “delete kits,” sometimes bundled with “delete tunes.” The delete tunes were software produced by another company which could alter a diesel truck’s onboard computer to allow a truck with its emissions controls “deleted” to appear to run normally.
Through its employees, Sinister Diesel reached agreements with other companies that manufactured tuners or tuning platforms to sell their products bundled together. Sinister would often advise customers on other needed parts for their deleted vehicles to run properly with Sinister’s delete kits — such as a tuner or tuning platform and delete tunes — and sell them those products, too. Sinister also counseled customers on how to evade state emissions tests.
Though Sinister sometimes labeled its delete products for “racing” and included disclaimers in marketing materials indicating that its products should be used only in off-road settings, the company knew most of its delete products were purchased by diesel truck drivers who used those products on public roads, not racetracks. At times, approximately 25% of Sinister’s gross revenue stemmed from its delete products. According to Sinister’s sales statistics, between October 30, 2015, and July 17, 2017, it sold 39,792 defeat devices, including at least 35,960 kits that disable vehicles’ exhaust gas recirculation systems.
Deleting a diesel truck causes its emissions to increase dramatically. For example, for a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: Nitrogen oxides increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and particulate matter increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted.
Diesel emissions contain multiple hazardous compounds and harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.
The defendant is scheduled to be sentenced in the criminal case by U.S. District Court Judge John A. Mendez for the Eastern District of California on November 14, 2023. Though Sinister Diesel agreed to pay a $500,000 criminal fine under its plea agreement, the company faces – for each count – a maximum fine of $500,000 or twice the gross pecuniary gain derived from the offense. Its sentence will be determined at the discretion of the court after consideration of all applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The criminal case was the product of an investigation by the EPA’s Criminal Investigation Division, with assistance from the Federal Bureau of Investigation’s Sacramento Field Office. Assistant United States Attorney Katherine T. Lydon of the Eastern District of California and Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division (ENRD) are prosecuting the criminal case. The federal civil case is being handled by Senior Attorney Eric Albert and Senior Counsel Joanna Day of the Environmental Enforcement Section of ENRD, Attorney Advisor David H. Kim of EPA’s Region 9 office, and Janice Chan of the EPA’s Region 9 office.
Stopping the manufacture, sale, and installation of illegal delete devices is a priority for EPA. To learn more, visit: www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines. To learn more about EPA’s criminal enforcement actions on defeat devices, visit www.epa.gov/enforcement/criminal-press-releases-2023 and https://www.epa.gov/enforcement/criminal-press-releases-2022.
The consent decree for this settlement, lodged today in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
sinister_-_doc_10_-_plea_agreement.pdfColfax Pharmacy Tick Klock Drug Agrees to Pay $20,000 Penalty and Implement Corrective Actions to Address Improper Dispensing and Recordkeeping PracticesRead the Press Release
Spokane, WA – Tick Klock Drug, a pharmacy in Colfax, Washington, agreed to pay a $20,000 Controlled Substances Act penalty and to institute corrective actions in order to address its failure to comply with the Controlled Substances Act and the Combat Methamphetamine Epidemic Act of 2005 in its pharmacy operations, announced Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington.
To protect the public, the Controlled Substances Act and its implementing regulations place legal responsibilities on medical professionals to ensure that opioid medications and other controlled substances are prescribed, dispensed, and used for medically-appropriate purposes and in a safe manner. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription to ensure that prescriptions are legitimate, safe, and medically appropriate. Additionally, the Combat Methamphetamine Epidemic Act of 2005 (CMEA) and implementing regulations impose requirements concerning a pharmacy’s sale of pseudoephedrine, which is commonly sold under the brand name Sudafed. Pseudoephedrine is a decongestant that can be used to manufacture methamphetamine, a Schedule II controlled substance and commonly-abused street drug. The CMEA places restrictions on the quantity of pseudoephedrine that can be sold to an individual over a 30-day period, and also requires pharmacies to maintain records, to display warning signs, to obtain a purchaser’s signature and verify the purchaser’s identity, to train employees concerning safe dispensing and sale of pseudoephedrine, and to annually certify compliance with CMEA requirements and regulations.
In the settlement announced today, Tick Klock Drug admitted that, between January and July 2022, it did not always appropriately exercise its corresponding responsibility when dispensing controlled substances. Tick Klock Drug admitted that during that time period, it filled controlled substance prescriptions written by physicians or other medical providers that contained “red flags”, i.e., indicia of fraud, drug-seeking, lack of medical necessity, potential for abuse or health risk, or potential for diversion, without appropriately resolving those red flags prior to dispensing the medications. These red flags included multiple patients for whom Tick Klock Drug filled prescriptions for a potentially dangerous and medically-inappropriate combination of an opioid, a benzodiazepine, and a muscle relaxant known as the “holy trinity”. Tick Klock Drug further admitted that between 2017 and 2022, Tick Klock Drug violated the CMEA by: (1) failing to certify compliance with the CMEA and implementing regulations; (2) failing to prominently display required warning notices in all appropriate locations; and (3) failing to obtain all purchaser signatures for sales of pseudoephedrine, including for sales to Tick Klock Drug employees. Finally, Tick Klock Drug admitted that it did not keep adequate records or appropriately account for the quantities of certain controlled substances.
“Pharmacies have a critical role to play in protecting the public and keeping our communities safe and strong,” said U.S. Attorney Waldref. “Pharmacies serve a vital gatekeeper function in keeping our residents safe and healthy, preventing the diversion of dangerous drugs, and combatting addiction. I’m grateful that Tick Klock Drug accepted responsibility and has entered into a robust agreement with the Drug Enforcement Administration (DEA) to ensure that it complies with its obligations going forward.”
In addition to the $20,000 civil penalty, Tick Klock Drug has entered into a Memorandum of Agreement (MOA) with the DEA. Under the MOA, Tick Klock Drug agreed to resolve all “red flag” prescriptions prior to dispensing any controlled substances. Tick Klock Drug is also required to conduct quarterly physical inventory audits and provide those to the DEA. These audits must be performed by a team that includes a licensed pharmacist. Additionally, Tick Klock Drug is required to provide training for its employees to ensure compliance with the Controlled Substances Act and CMEA going forward, and to document its training efforts. Finally, Tick Klock Drug further agreed to review and update its controlled substance policies and procedures, and that employees may not dispense controlled substances to themselves under any circumstances.
“This resolution would not have been possible without the exceptional investigative work by DEA Seattle Field Division’s Diversion Group, and I am so grateful for our longstanding partnership,” stated U.S. Attorney Waldref. “We will continue to work hand-in-glove with DEA Diversion Group and our law enforcement partners to protect our communities and public health and safety.”
“DEA’s core mission is to protect Americans and we need our partners in the healthcare community to help us by following the rules. When they do not, we hold them accountable, not to punish, but to encourage their cooperation and ensure that they are doing their part to keep people safe,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “We deeply appreciate our partnership with the United States Attorney’s Office in the Eastern District of Washington, without whom this success would not have been possible.”
The settlement was the result of a joint investigation conducted by the U.S. Attorney’s Office for the Eastern District of Washington and DEA’s Seattle Field Division, Diversion Group. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene handled this matter on behalf of the United States.
Memorandum of Agreement-Tick Klock Pharmacy
Settlement Agreement-Tick Klock PharmacyBuffalo Man Arrested, Accused of Stealing MailRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Eric Steven Arroyo, 41, of Buffalo, NY, was arrested and charged by criminal complaint with theft or receipt of stolen mail, which carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that late in the morning on July 27, 2023, the U.S. Postal Inspection Service was notified that someone not employed by U.S. Postal Service (USPS) was opening up the blue USPS Collection Box in the vicinity of Tonawanda and Briggs Streets in Buffalo. According to the complaint, “someone on a fat tire bicycle” was using a key to open the blue collection box, taking the mail, locking the collection box, and leaving the area. The Buffalo Police Department was called, and a USPS Customer Service Manager responded to the area of Tonawanda and Briggs Streets to meet officers. As the manager awaited officers, they observed a person, later identified as Arroyo, on a fat tire bicycle ride the bicycle and park next to a blue USPS Collection box on Elmwood Avenue near Hertel Avenue, open the collection box with “some kind of key,” take the mail, and leave the area. Buffalo Police located Arroyo behind a nearby building opening the stolen mail, at which time he was taken into custody.
Arroyo made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released subject on conditions.
The complaint is the result of an investigation by the U.S. Postal Inspection Service Boston Division, under the direction of Inspector in Charge Ketty Larco-Ward, Boston Division, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Brookings Man Sentenced for Production of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Brookings, South Dakota, man convicted of Production of Child Pornography. The sentencing took place on July 31, 2023.
Keenan Chidaushe, age 26, was sentenced to 17.5 years in federal prison, followed by five years of supervised release, and ordered to pay $186 in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chidaushe was indicted by a federal grand jury in March of 2022. He pleaded guilty on May 5, 2023.
The conviction stemmed from incidents between November 8, 2021, and November 19, 2021, when Chidaushe, used his cell phone to record sexual activity with a minor female. Chidaushe knew the victim was under the age of 18.
As a result of this conviction, Chidaushe will be required to register as a sex offender upon his release from custody.
This case was investigated by the Brookings Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Chidaushe was immediately remanded to the custody of the U.S. Marshals Service.
8 charged in connection with human smuggling in kidnapping for ransom schemeRead the Press Release
HOUSTON – Three more people have been federally charged in relation to a smuggling event that turned fatal in March.
Authorities took Brian Martinez, 24, East Bernard, and Miguel Gonzalez, 33, Richmond, into custody July 25 and 26, respectively, on human smuggling charges. Christian Hernandez, 25, East Bernard, is in custody and expected to make his initial appearance before U.S. Magistrate Judge Sam S. Sheldon at 2 p.m. today. Gonzalez is on home confinement with restrictions, while Martinez is in custody pending a detention hearing set for Aug. 3.
Zachary Austin Palomo, 28, Alex Anthony Fisher, 26, and Brenda Roxana Serrano Figueroa, 25, all of Houston, have been and will remain in custody on kidnapping charges returned in May.
Two others - Santiago Hernandez Jr., 26, and Lorie Lin Flowers, 25, both also of Houston - remain at large.
The charges allege that on March 17 and 18, a migrant smuggling operation resulted in the armed kidnapping of three migrants along I-10 East in Waller County. Three other victims were shot and left at the scene, according to the allegations. The alleged perpetrators held the victims hostage at two Houston area hotels and began requesting ransom money from their families. The charges allege the victims were beaten and threatened while held for ransom.
According to testimony presented in court, the kidnappers released two of hostages after their families paid the ransom, and law enforcement conducted an operation to rescue the remaining victim.
The operation led to the death of one of the alleged perpetrators.
Warrants remain outstanding for the arrest of Hernandez and Flowers who are considered armed and dangerous. Anyone with information about their whereabouts is asked to contact the FBI at 1-800-CALL-FBI (225-5324).
Santiago Hernandez, Flowers, Palomo, Figueroa and Fisher are charged with aiding and abetting kidnapping. If convicted, they face up to life in prison. For bringing in and harboring certain aliens, Gonzalez, Cristian Hernandez and Martinez could receive up to 10 years in federal prison, upon conviction. All charged also carry a potential fine of $250,000.
The FBI conducted the investigation with the assistance of the sheriff’s offices in Harris and Waller Counties and the Houston Police Department. Assistant U.S. Attorney John M. Lewis is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
10 Defendants Charged in Levelland Methamphetamine Trafficking CaseRead the Press Release
Eleven alleged methamphetamine traffickers in Levelland, Texas have been federally charged with drug and gun crimes, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
The majority of the defendants charged in the indictment unsealed today were apprehended on Friday. During the arrest operation, one defendant barricaded himself in the attic for roughly two hours but was successfully extricated by an FBI SWAT team. No one was injured. They made their initial appearances before U.S. District Judge D. Gordon Bryant, Jr.
The indictment unsealed today represents the second round of charges in a wide-ranging meth investigation that has netted 29 defendants to date, including 18 defendants charged in November 2022, all of whom subsequently entered guilty pleas.
Those charged in the most recent indictments include:
- David Vicente Martinez, aka Flaco: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Sedric Lashawn King: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Daniel Hernandez Martinez: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine, convicted felon in possession of a firearm (Keltec .380 caliber semi-automatic pistol and Phoenix Arms .22 caliber pistol)
- Omarre Edwards Joyce: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Daniel Abram Garza: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Andrea Jane Mora: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Miguel Silva, Jr.: charged with conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine
- Dlanee Jordan Alexander: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Calvin Lee Gonzales: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Jesus Perez Puertas: charged with conspiracy to distribute methamphetamine, distribution of methamphetamine
- Danny Bautista: charged with possession with intent to distribute methamphetamine, convicted felon in possession of firearms (Ruger 9mm semi-automatic pistol, Ruger .22 caliber semi-automatic pistol, and Winchester .22 caliber rifle)
A number of these defendants have violent criminal histories, including aggravated assault with a deadly weapon, assault causing bodily injury, assault of a public servant, burglary, theft, and possession of controlled substances.
Those charged in the first round of indictments include:
- Bobby Joe Gonzales: plead (pled or pleaded throughout) guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 240 months in federal prison
- Rance Devin Jordan: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 84 months in federal prison
- Michael Salazar: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 97 months in federal prison
- Timothy John Perez: plead guilty to possession with intent to distribute methamphetamine; sentenced to 90 months in federal prison
- Judy Cirilo Qualls: plead guilty to convicted felon in possession of a firearm; sentenced to 37 months in federal prison
- Anthony Raven Ruiz, aka Acid: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 87 months in federal prison
- Jose Angel Marquez: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 57 months in federal prison
- Juan Luis Quezada: plead guilty to distribution and possession with intent to distribute methamphetamine; sentencing set for Aug. 3
- Ernest Michael Chavez: plead guilty to possession with intent to distribute methamphetamine; sentenced to 131 months in federal prison
- Jennifer Dianne Clem: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 110 months in federal prison
- Jason Wade Grant: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 240 months in federal prison
- Ruben Soliz Guajardo: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 90 months in federal prison
- Gilberto Guajardo: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 108 months in federal prison
- Santiago Vizcarra, Jr., aka Quick: plead guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 78 months in federal prison
- Gerry Wayne Varner: plead guilty to possession with intent to distribute methamphetamine; sentenced to 240 months in federal prison
- John Vester Gilliam: pled guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 100 months in federal prison
- Hollye Raychelle Patton: pled guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 168 months in federal prison
- Heather Rochelle Patton: pled guilty to distribution and possession with intent to distribute methamphetamine; sentenced to 180 months in federal prison
An indictment is merely an allegation of criminal conduct, not evidence. All defendants are presumed innocent until proven guilty in a court of law.
If convicted, some of the defendants face up to life in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office – Lubbock Resident Agency conducted the investigation with the Texas Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division, the Hockley County Sheriff’s Office, the Levelland Police Department, and the Cochran County Sheriff’s Office. Assistant U.S. Attorney Ryan Redd is prosecuting the case.
31 July 2023
Worcester Man Sentenced to More Than Six Years in Prison for Cocaine Distribution and Unlawful Possession of FirearmsRead the Press Release
BOSTON – A Worcester man has been sentenced in federal court in Springfield for drug and firearm offenses.
Rodney Hall, 38, was sentenced on July 29, 2023 by U.S. District Court Judge Mark G. Mastroianni to 75 months in prison and four years of supervised release. On Feb. 2, 2023, Hall pleaded guilty to one count of possession with intent to distribute more than 500 grams of cocaine and one count of being a felon in possession of a firearm.
In September 2020, Hall was observed arriving in an SUV at a location in Worcester, exiting the SUV and entering the backseat of a Toyota Camry. The Camry then proceeded to drive around the block for approximately one minute and stopped at a corner where Hall exited the vehicle – an interaction consistent with conducting a drug deal. Hall was then approached by law enforcement and found to be in possession of $1,500 in cash. Approximately 27.9 grams of crack cocaine was obtained from the individual to whom Hall sold the cocaine. During a subsequent search of Hall’s apartment, approximately 634 grams of crack cocaine, a loaded .25 caliber Beretta handgun, a homemade “ghost gun” pistol and ammunition, plastic baggies, $7,000 in cash and a digital scale were recovered. Hall is prohibited from possessing a firearm due to his criminal history, which includes previous convictions for possession of a large capacity weapon and trafficking cocaine.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police made the announcement. Assistant U.S. Attorneys John T. Mulcahy and Evan D. Panich of the Criminal Division prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. In May 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.
Virginia Veterinary Technician Sentenced for Dogfighting and Promoting Animal Fighting VenturesRead the Press Release
Carlos Warren, 49, of Rapidan, Virginia, was sentenced today to 20 months in prison and three years of supervised release for conspiring to fight dogs and promote dogfighting using interstate publications. U.S. District Judge Norman K. Moon for the Western District of Virginia pronounced the sentence and ordered the forfeiture of all the dogs and animal-fighting paraphernalia seized at Warren’s residence during the execution of a search warrant in March 2022. As a condition of his supervised release, Warren was ordered not to own or care for any animals, and to relinquish or not procure any licenses, certifications or other authorizations related to veterinary or animal care.
According to court-filed documents, Warren started fighting dogs as a teenager. While living in both California and Virginia, he published and distributed nationally a magazine called “the Connector.” The magazine contained interviews of known dogfighters, the results of various fights, breeding and pedigree information, advertisements for fighting dogs and a page which advertised the illegal sale of injectable steroids and other substances for dogs.
After moving to Virginia, Warren set up a dogfighting yard, hosted dogfights on his property and attended other dogfights. Notably, Warren’s work as a veterinary technician during much of this time enabled him to steal or otherwise obtain medications and other supplies. He then used these medications and supplies, as well as his veterinary technician training, to treat dogs during fights up until they lost or refused to fight. When that happened, Warren executed dogs through brutal means including electrocution.
“This prosecution highlights the department’s continued commitment to holding accountable those who participate in and promote the blood sport of dogfighting,” said Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division. “The defendant’s certification and work as a veterinary technician, which he used to further these fights and promote the barbarous treatment of dogs, makes his crimes even more reprehensible.”
“Dog fighting is savage and inhumane, and it will not be tolerated,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “The individuals involved in the breeding, training and cruel deaths suffered by innocent animals – especially in a case like this at the hands of a trained veterinary technician – will be held accountable and justly punished by the Justice Department.”
The FBI Richmond Field Office investigated the case with the assistance of Virginia State Police. The case was prosecuted by Senior Litigation Counsel Todd W. Gleason of the Environmental Crimes Section and Assistant U.S. Attorney Heather Carlton for the Western District of Virginia. Assistant U.S. Attorney Mark Williams for the Central District of California also assisted with this case.
Virginia Veterinary Technician Sentenced for Dogfighting and Promoting Animal Fighting VenturesRead the Press Release
CHARLOTTESVILLE, Va. – Carlos Warren, 49, of Rapidan, Virginia, was sentenced today to 20 months in prison and three years of supervised release for conspiring to fight dogs and promote dogfighting using interstate publications. U.S. District Judge Norman K. Moon for the Western District of Virginia pronounced the sentence and ordered the forfeiture of all the dogs and animal-fighting paraphernalia seized at Warren’s residence during the execution of a search warrant in March 2022. As a condition of his supervised release, Warren was ordered not to own or care for any animals, and to relinquish or not procure any licenses, certifications or other authorizations related to veterinary or animal care.
According to court-filed documents, Warren started fighting dogs as a teenager. While living in both California and Virginia, he published and distributed nationally a magazine called “the Connector.” The magazine contained interviews of known dogfighters, the results of various fights, breeding and pedigree information, advertisements for fighting dogs and a page which advertised the illegal sale of injectable steroids and other substances for dogs.
After moving to Virginia, Warren set up a dogfighting yard, hosted dogfights on his property and attended other dogfights. Notably, Warren’s work as a veterinary technician during much of this time enabled him to steal or otherwise obtain medications and other supplies. He then used these medications and supplies, as well as his veterinary technician training, to treat dogs during fights up until they lost or refused to fight. When that happened, Warren executed dogs through brutal means including electrocution.
“This prosecution highlights the department’s continued commitment to holding accountable those who participate in and promote the blood sport of dogfighting,” said Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division. “The defendant’s certification and work as a veterinary technician, which he used to further these fights and promote the barbarous treatment of dogs, makes his crimes even more reprehensible.”
“Dog fighting is savage and inhumane, and it will not be tolerated,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “The individuals involved in the breeding, training and cruel deaths suffered by innocent animals – especially in a case like this at the hands of a trained veterinary technician – will be held accountable and justly punished by the Justice Department.”
The FBI Richmond Field Office investigated the case with the assistance of Virginia State Police. The case was prosecuted by Senior Litigation Counsel Todd W. Gleason of the Environmental Crimes Section and Assistant U.S. Attorney Heather Carlton for the Western District of Virginia. Assistant U.S. Attorney Mark Williams for the Central District of California also assisted with this case.
Unity in the Community Puts Fort Pierce Families in Touch with Local ResourcesRead the Press Release
MIAMI – Staff from the Law Enforcement Coordination and Community Outreach Section (LEC/COS) and Veronica Harrell-James of the U.S. Attorney’s Office for the Southern District of Florida recently participated in the 5th Annual Unity in the Community at Fort Pierce Recreation Center in Fort Pierce, Fla.
Orchestrated by the Fort Pierce Police Department, nearly 70 vendors filled the recreation center’s gymnasium from 10 a.m. to 2 p.m. to assist the hundreds of families in attendance. Vendors included support groups, grief counseling, food banks, educational opportunities, and legal services to name a few.
In addition to the gymnasium activity, families also were entertained outside with live music and police K-9 exercises.
Parents and children also were able to interact with a multitude of law enforcement personnel from FPPD. Interaction between law enforcement and the community is critical in developing positive relationships.
Most of the participating children came from summer camps and daycare, or community members who wanted their kids to participate.
LEC/COS staff manned a booth where they distributed more than 200 children’s books to local kids. They provided financial fraud prevention information to the parents.
“How old are you?” Re-entry & Community Outreach Specialist Keisha Bazile asked a young boy who had approached the table in search of a book. “Oh, you’re 7? You might enjoy this one. Grab whatever you like.”
High on the priority list for LEC/COS is early childhood literacy and these events are perfect opportunities to encourage kids to read more.
“Depending on where they live, some children may not have access to a library, so we like to give them books to foster a love of reading,” said Bazile. “If they learn to love reading at an early age, their chance of future success goes up significantly.”
According to national data, children not reading at grade level by fourth grade tend to struggle with reading and are likely to drop out of school.
In addition to events like Unity in the Community, LEC/COS staff regularly conduct readings for pre-K children at area schools.
“We look forward to these events and appreciate the Fort Pierce Police Department for putting this one together,” said LEC/COS Chief J.D. Smith. “It allows us the opportunity to serve vulnerable populations in our district. That is and always will be our main focus.”
Anyone interested in donating children’s books may do so by emailing U.S. Attorney’s Office staff at usafls.vrp@usdoj.gov or by calling (305) 961-9134.
You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
Re-entry & Community Outreach Specialist Keisha Bazile and Community Liaison Specialist Audrey Charles distribute children’s books to kids in the Fort Pierce, Fla., area in an effort to get them interested in reading.
Nearly 70 vendors brought their services and information to Fort Pierce, Fla., area families during the recent Unity in the Community. From live music and K-9 exercises to family assistance and books and prizes for children, this event had something for parents and kids alike.
###
United States Attorney’s Office to Participate in National Night OutRead the Press Release
CHARLESTON, W.Va. – The United States Attorney’s Office for the Southern District of West Virginia will join community organizers, neighbors, and law enforcement partners to participate in National Night Out on Tuesday, August 1, 2023, United States Attorney Will Thompson announced. During this year’s National Night Out, the office will participate in the community event scheduled for 6 p.m. to 8 p.m. at Ritter Park Fountain Plaza in Huntington.
Additional National Night Out events are scheduled throughout the Southern District of West Virginia, including Beckley, Charleston, Dunbar, Parkersburg, and Whitesville.
“National Night Out strengthens the connections between our communities and the men and women of law enforcement who serve them,” Thompson said. “These events offer an excellent opportunity to promote awareness and prevention, and I commend our state and local law enforcement partners for their commitment to support this annual initiative.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.
###
United States Attorney’s Office to Participate in Community Events During National Night OutRead the Press Release
BOSTON – The U.S. Attorney’s Office for the District of Massachusetts will join community organizers, neighbors and law enforcement partners to participate in National Night Out events on July 31, 2023 and Aug. 1, 2023. Staff members of the U.S. Attorney’s Office will be represented across the state, including Acting U.S. Attorney Joshua S. Levy who will attend community events in Boston.
“Our law enforcement partners are vital to our mission of keeping Massachusetts safe. As they serve our communities, it is important that they are seen and known, too,” said Acting United States Attorney Joshua S. Levy. “National Night Out is an important initiative to build trust and relationships between law enforcement officers and the communities they serve. We look forward to joining our partners in Boston, and across the state.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides an opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
United States Attorney’s Office for the Middle District of Alabama to Participate in Community Events During National Night OutRead the Press Release
The United States Attorney’s Office for the Middle District of Alabama will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023. During this year’s National Night Out, United States Attorney’s Office personnel will attend community events in Montgomery and Auburn featuring displays and booths from numerous public safety agencies. Several activities are planned by local National Night Out organizers, including games, demonstrations, food trucks, and more. The Montogmery event will be held at Eastdale Mall from 5:00 p.m. until 8:00 p.m.; the Auburn event will take place at AG Heritage Park at Auburn University from 5:30 p.m. until 7:30 p.m.
“Law enforcement works tirelessly to protect and serve our communities every day,” stated United States Attorney Sandra J. Stewart. “National Night Out is an opportunity for them to build stronger relationships with community members while engaging in fellowship and fun. My office is proud to join our law enforcement and community partners in support of this great event.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
United States Attorney’s Office for the Eastern District of Michigan to Participate in Community Events During National Night OutRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Michigan will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023. During this year’s National Night Out, U.S. Attorney Dawn N. Ison will attend a community event in Saginaw at the Saginaw Township Soccer Complex. The event, which will take place from 6pm-9pm will allow for community members to explore various police, fire and emergency medical services apparatus with hands-on tours of police cars, fire trucks, ambulances and medical aircraft. In addition, other employees of the U.S. Attorney’s Office will attend community events being held at police precincts across the city of Detroit.
“National Night Out is yet another opportunity to build trust in the communities we serve,” said U.S. Attorney Dawn N. Ison. “We value these opportunities to engage and strengthen the important bonds between our citizens and the law enforcement community.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
United States Attorney’s Office Northern District of Ohio to Participate in Community Events During National Night OutRead the Press Release
The U.S. Attorney’s Office for Northern Ohio will join with the City of Cleveland, community organizers, neighbors, and law enforcement partners to participate in National Night Out at Steelyard Commons on Tuesday, August 1, 2023. During this year’s National Night Out, U.S. Attorney Personnel will attend this community event at Steelyard Commons, 3447 Steelyard Drive, Cleveland, Ohio.
On Tuesday, August 8, 2023 the United States Attorney’s Office Personnel will also participate along with the City of Toledo, community partners, area law enforcement and neighbors in recognition of Night Out Against Crime at the Frederick Douglass Center, 1001 Indiana Ave., Toledo, Ohio.
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
U.S. Attorney’s Office for the Southern District of Indiana to Participate in Community Events During National Night OutRead the Press Release
The U.S. Attorney’s Office for the Southern District of Indiana will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023. During this year’s National Night Out, U.S. Attorney Zachary A. Myers will attend community events in the surrounding Indianapolis areas.
“A positive, ongoing relationship between neighbors and law enforcement is vital to building trust and keeping the public safe,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “It is important for people to see that we are a part of the communities we serve. Through events like National Night Out, community members can place a friendly face to the law enforcement agencies that serve to protect them and engage in meaningful discussions about crime, safety, and responsibility.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement agencies and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
# # #
U.S. Attorney’s Office to Participate in Community Events During National Night OutRead the Press Release
SCRANTON - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that U.S. Attorney Gerard M. Karam and Assistant U.S. Attorney’s will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023.
During this year’s National Night Out, members of the United States Attorney’s Office will attend community events at the following locations:
- Scranton Police Department at Scranton High School from 6:00 p.m. to 9:00 p.m.;
- Harrisburg Bureau of Police at City Island in Harrisburg from 5:30 p.m. to 8:00 p.m.;
- Lebanon City Police Department at the Salvation Army building on Guilford Street in Lebanon from 6:00 p.m. to 8:00 p.m.;
- Derry Township Police Department on the 1st block of West Caracas Avenue in Hershey from 6:00 p.m. to 8:00 p.m.;
- Cornwall Borough Police Department at the park across from the Cornwall Elementary School on SR 419 from 6:00 p.m. to 8:00 p.m.; and
- Lower Allen Township at the Christian Life Assembly Church, Camp Hill from 6:00 p.m. to 8:00 p.m.
“National Night Out is an important and effective way to bridge the gap between neighbors and their police departments in a positive and informal setting,” said U.S. Attorney Gerard M. Karam. “We are pleased to join with our local law enforcement partners and the communities we serve to promote this important program.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
# # #
U.S. Attorney Jane E. Young to Participate in Manchester Police Department’s National Night Out EventRead the Press Release
U.S. Attorney Jane E. Young will join community organizers, neighbors, and law enforcement partners at Manchester Police Department’s National Night Out on Tuesday, August 1, 2023. The event is scheduled from 5:00pm-8:00pm at the Beech Street School and JFK Coliseum.
“National Night Out is a special night of the year that allows law enforcement and the public a tangible opportunity to build vitally important relationships and mutual trust,” said U.S. Attorney Jane E. Young. “I hope the people of Manchester will join me and my colleagues on Tuesday night to celebrate our partnership as a community.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
###
U.S. Attorney Dena J. King Appointed as Chair of the Attorney General's Subcommittee on Civil RightsRead the Press Release
CHARLOTTE, N.C. – United States Attorney Dena J. King has been selected to serve as Chair of the Civil Rights Subcommittee of the Attorney General’s Advisory Committee (AGAC) of U.S. Attorneys.
Since 1973, the AGAC has advised the Attorney General on matters of policy, procedure, and management impacting U.S. Attorneys’ Offices and represents the views of federal prosecutors across the country.
As Chair of the Civil Rights Subcommittee, U.S. Attorney King will spearhead the efforts of the Subcommittee to guide the AGAC on critical civil rights issues. U.S. Attorney King will also work with all 94 U.S. Attorneys’ Offices to provide leadership and make recommendations to the Attorney General and the Department of Justice through the AGAC, related to the protection and enhancement of the civil and constitutional rights of all people in the United States, with a special focus on our country’s most vulnerable populations.
“It is a great honor to serve as Chair of the AGAC’s Civil Rights Subcommittee,” said U.S. Attorney King. “I am looking forward to working collaboratively with my colleagues to continue to champion the Department’s efforts to advance civil rights, strengthen community trust, remove barriers to justice and fairness, and enhance inclusion and equal treatment for everyone in our society.”
U.S. Attorney King will continue to serve as a member of the Native American Issues Subcommittee (NAIS), which she previously chaired, and the Subcommittees for Violent and Organized Crime, and Law Enforcement Coordination, Victim Assistance and Community Relations.
Two North Alabama Defendants Sentenced on Child Exploitation ChargesRead the Press Release
HUNTSVILLE, Ala. – Two North Alabama defendants were sentenced last week on child sexual exploitation charges, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Acting Special Agent in Charge Travis Picard.
U.S. District Court Judge Liles C. Burke sentenced two defendants in separate and unrelated cases.
“The sexual abuse and commercial exploitation of children is among the most serious crimes prosecuted by my office,” U.S. Attorney Escalona said. “The creation and distribution of digital images of child sexual abuse perpetuates a criminal industry that is incredibly destructive to both the victims and consumers of this material. The prosecution of these defendants is part of the ongoing commitment of my office, and that of our federal, state, and local partners, to identify and prosecute child predators. I am grateful for the work of all involved in bringing these two defendants to justice.”
“Finding and arresting predators involved in victimizing and exploiting children is one of our highest priorities,” said Acting Special Agent in charge Travis Pickard who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “These sentences are a testament to HSI’s and its law enforcement partner’s commitment to protecting our most vulnerable population from exploitation as well as holding those violators accountable.”
Jeremy Michael Lee Powell, 25, of Athens, was sentenced to 600 months in prison followed by lifetime of supervised release. In April 2023, Powell pleaded guilty to two counts of production of child pornography. According to court documents, Powell befriended the minor children’s mother and engaged in sexual acts with her seven- and eight-year-old children. Powell told the children to keep it a secret. Powell knew the mother needed childcare assistance, so he conveniently offered to assist with the children while the mother worked. Powell also took full advantage of the fact that the children’s father was not in contact with them and swayed the children into calling him “da-da.” Law enforcement discovered 47 sexually explicit images involving the children on Powell’s cell phone.
Becky Lynn Burroughs, 46, of Decatur was sentenced to 260 months in prison followed by lifetime of supervised release. Burroughs pleaded guilty to distribution of child pornography and possession of child pornography on April 27, 2023. According to the plea agreement, Florida investigators identified an account distributing child pornography in an internet chatroom. Investigation revealed that the account belonged to Burroughs. Between March 2021 and September 2021, Burroughs uploaded at least 11 videos, as well as numerous images, of child pornography to the internet. On September 1, 2021, a search warrant was obtained for Burrough’s residence in Decatur, Alabama, and agents seized Burrough’s phone. A forensic review of the cell phone located 10 child sex abuse images and videos.
HSI - Birmingham investigated the Jeremy Powell case, along with the Limestone County Sheriff’s Office. Assistant U.S. Attorneys R. Leann White, Daniel McBrayer, and William McComb prosecuted Powell.
HSI – Birmingham investigated the Becky Burroughs case, along with HSI – Tallahassee, the Leon County, Florida Sheriff’s Office, and the Alabama Law Enforcement Agency. Assistant U.S. Attorney John M. Hundscheid prosecuted Burroughs.
These cases were brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
St. Michael Woman Pleaded Guilty to Three Counts of Involuntary ManslaughterRead the Press Release
Fargo – United States Attorney Mac Schneider announced that on July 27, 2023, Trina Lily Hunt, age 20, of St. Michael, ND, pleaded guilty before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, to three counts of Involuntary Manslaughter and one count of Assault Resulting in Serious Bodily Injury.
On August 11, 2021, Bureau of Indian Affairs patrol officers responded to a call of a two-vehicle crash along Heart Road on the Spirit Lake Reservation. Hunt was driving one of the vehicles and had two passengers. A second driver, Winter Skye Bigtrack, was driving a vehicle and had four passengers. Of those passengers, two fatalities were identified at the scene – an adult male and a juvenile male. A third passenger, a minor female, later died. A fifth passenger, another minor female, suffered injuries that required her to be transported to Fargo for treatment where she was admitted to the intensive care unit.
The investigation revealed that both Hunt and Bigtrack were driving recklessly, without licenses, while under the influence of intoxicating liquor and a controlled substance at high speeds exceeding the posted speed limit. Bigtrack previously pled guilty and was sentenced to serve 57 months in prison followed by three years of supervised release.
Sentencing of Hunt is scheduled for November 7, 2023, at 2:30 PM.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, and the North Dakota Highway Patrol, and the case was prosecuted by the United States Attorney’s Office, with Assistant United States Attorney Lori H. Conroy assigned to the case.
# # #
Springfield Business Owner Pleads Guilty to $14 Million Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., business owner has pleaded guilty in federal court to his role in a nearly $14 million wire fraud conspiracy that utilized his businesses, as well as fake businesses, to fraudulently receive loans under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
John Michael Felts, 48, waived his right to a grand jury and pleaded guilty before U.S. Chief Magistrate Judge David P. Rush on Friday, July 28, to a federal information that charges him with one count of conspiracy to commit wire fraud and one count of wire fraud.
Felts was the owner of several restaurants, including Taco Habitat in Springfield and Branson, Mo.
By pleading guilty today, Felts admitted that he participated in a wire fraud conspiracy that fraudulently obtained or attempted to obtain $13,925,534 through commercial loans as well as Paycheck Protection Program loans and Economic Injury Disaster loans and grants under the CARES Act from January 2018 to Sept. 13, 2022.
The purpose of the CARES Act was to provide emergency financial assistance due to the economic impact caused by the COVID-19 pandemic. The CARES Act authorized the Small Business Administration to provide low-interest Economic Injury Disaster Loans to eligible small businesses that experienced substantial financial disruption due to the economic impact of the COVID-19 pandemic. Additionally, the Paycheck Protection Program (PPP) authorized forgivable loans to small businesses to retain workers and maintain payroll, and make mortgage interest payments, lease payments, and utility payments. Under the PPP, both the principal and interest on those loans were eligible for forgiveness.
Felts and another person, a San Antonio, Texas, resident identified in court documents as “Individual-1,” applied for PPP loans and Economic Injury Disaster loans and grants for various businesses they controlled. The conspirators made material misrepresentations about the businesses in the applications, including the purpose of the funding, and submitted fake and forged documents as a part of the application process.
Felts and Individual-1 also created fake businesses that they controlled, under fake identities they created. The conspirators then used these fake businesses and identities, as well as false financial and business documents, to apply for loans.
Felts did not utilize the loan proceeds for the purpose he represented to the lenders in the application process. Instead, he utilized proceeds for his own personal benefit (including vehicles, a yacht, jewelry, rare sports cards, and construction related to personal residences) and for the benefit of other businesses he controlled.
According to a parallel federal civil complaint filed on Sept. 13, 2022, Felts applied for 12 PPP loans using several different companies under his ownership or control. Most of these companies did not have employees and were not in operation at the time of application. Felts also applied for 13 PPP loans using synthesized or fabricated identities and companies under his control.
$2 Million Fraudulent Diagnostic Equipment, Inc., Loans
For example, in January 2020 Felts and Individual-1 set up a business, Diagnostic Equipment, Inc., for the purpose of representing it as a legitimate business, when in fact it was not and did not have any business operations. On April 26, 2020, they submitted a fraudulent PPP loan application for Diagnostic Equipment. Felts, using a fake identity, submitted false materials in support of the PPP loan application, such as false tax statements and payroll summaries. On June 18, 2020, they applied for an EIDL in the name of Diagnostic Equipment.
After receiving $1,029,100 in PPP and EIDL proceeds, Felt spent $157,000 of the proceeds to pay off a personal real estate loan, spent $39,000 to pay off a loan for a 2018 Cadillac CT6, spent $40,000 to pay off a loan for a 2018 Jeep Wrangler (which he gave as a gift to a relative), and spent $5,000 to make a down payment for the purchase of personal real estate.
On April 25, 2021, Felts submitted a fraudulent PPP loan application for Diagnostic Equipment for a second round of PPP loans. Felts received $1,054,494 in PPP loan proceeds and spent $150,000 for a corporate suite sponsorship with the Kansas City Chiefs, spent $213,000 to pay a loan on a 2021 Galeon 470SKY Yacht, spent $30,000 for construction on his personal residence, and spent $12,180 on sports memorabilia.
$310,000 Fraudulent Taco Habitat Loan
In May 2020, Felts and Indivdiual-1 submitted a PPP loan application for Taco Habitat in Branson. This application contained material misrepresentations, including the number of employees for the business.
After Felts received $310,000 in PPP proceeds for Taco Habitat in Branson, he spent $58,594 to purchase a 2020 Jeep Wrangler (which he gave as a gift to another individual) and spent $125,707 for the purchase of personal real estate.
Under the terms of today’s plea agreement, Felts must pay restitution in excess of $9.9 million and a money judgment in an amount to be determined at sentencing, but not less than of $7 million, which represents the amount of fraudulent proceeds he actually received from the conspiracy.
Felts also agrees not to contest the government’s forfeiture of personal property and real estate purchased with the proceeds of the wire fraud conspiracy in two civil forfeiture complaints filed on Sept. 13, 2022, and Jan. 26, 2023. That property includes four parcels of real estate in Springfield, six vehicles, a yacht, two Rolex watches, five additional pieces of valuable jewelry, a 1952 Topps Jackie Robinson baseball card, a 1980-1981 Topps Larry Bird, Julius Erving, and Magic Johnson card (signed by all three players), and a 1909-1911 Ty Cobb baseball card.
Under federal statutes, Felts is subject to a sentence of up to 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This criminal case is being prosecuted by Assistant U.S. Attorney Casey Clark and the civil case is being handled by Assistant U.S. Attorney Anthony M. Brown. Both the criminal and civil cases were investigated by IRS-Criminal Investigation.
Shreveport Man Sent to Federal Prison for Illegal Possession of a Machine GunRead the Press Release
SHREVEPORT, La. – Cartavious Cursshuan Pouncy, 21, of Shreveport, Louisiana, was sentenced in U.S. District Court today, announced United States Attorney Brandon B. Brown. United States District Judge Elizabeth E. Foote sentenced Pouncy to 20 months in prison, followed by 3 years of supervised release for illegal possession of a machine gun. Pouncy pleaded guilty to the charge on March 16, 2023.
Shreveport Police Department officers stopped a Dodge Challenger with no tags near the intersection of Hearne Avenue and Corbitt Street on May 15, 2022. Pouncy was driving the Dodge Challenger and two other individuals were inside. Officers detected a strong odor of marijuana coming from inside the vehicle and all of the occupants were asked to exit the vehicle. Pouncy was asked if there were narcotics or firearms inside the vehicle and he initially stated there were not. A search of the vehicle was conducted, and officers did in fact locate a Panther Arms AR Pistol, Model: DPMS, with two magazines, loaded with 63 rounds of ammunition behind the driver’s seat. Pouncy admitted post-Miranda that the firearm belonged to him, and he had purchased it a few days prior.
Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) examined the firearm and discovered that it had a drop-in auto sear, a conversion device, inserted inside to make it a fully automatic machine gun. A record search was conducted of the National Firearm Registration and Transfer Record (NFRTR) and Pouncy had not registered the Panther Arms AR Pistol or any other weapon.
The case was investigated by the ATF and Shreveport Police Department and prosecuted by Assistant U.S. Attorney J. Aaron Crawford.
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.
# # #
Scituate Man Previously Convicted and Incarcerated on Federal Child Pornography Charges Pleads Guilty to Possessing Child PornographyRead the Press Release
PROVIDENCE – A North Scituate man currently serving a term of lifetime federal supervised release that followed his term of incarceration of 84 months, having been convicted in May 2009 on charges of possessing and distributing child pornography, today pleaded guilty to an unrelated charge of possession of child pornography, announced United States Attorney Zachary A. Cunha.
Brian Murphy, 53, admitted that he was in possession of images and videos of child erotica discovered by a Homeland Security Investigations agent and a Federal Probation officer during an unscheduled visit to his residence in August 2022 and examination of electronic devices belonging to him, as permitted by the terms of his supervised release.
According to charging documents, in April 2022, the National Center for Missing and Exploited Children notified the Rhode Island State Police Internet Crimes Against Children Task Force that a user of a social media messenger platform had uploaded images of child erotica. An investigation by the ICAC Task Force determined that the IP address used to access the child pornography was assigned to a North Scituate business located on the ground floor of a multi-residence building in which Murphy resided. Murphy admitted to the court today that he used the business’ Wi-Fi service to access and download the child erotica.
Murphy is scheduled to be sentenced on November 1, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Milind M. Shah.
###
Schenectady Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
ALBANY, NEW YORK – Terence Wilson, age 40, of Schenectady, New York, pled guilty today to five counts of sexual exploitation of a child. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
As part of his guilty plea, Wilson admitted that he sexually exploited a child from the time the child was approximately 8 years old until the child was approximately 15 years old and that he created approximately 50 videos depicting the abuse.
Under the parties’ plea agreement, at sentencing on November 9, 2023 before Chief United States District Judge Brenda K. Sannes, Wilson faces an imprisonment term of at least 25 years and up to 35 years, a fine of up to $250,000, restitution to the victim, and a post-imprisonment term of supervised release of between 5 years and life. Wilson also will have to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the New York State Police. Former Assistant United States Attorney Rachel L. Williams and Assistant United States Attorneys Michael D. Gadarian and Adrian LaRochelle prosecuted this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Russell Laffitte to Be Sentenced in Federal Court for Conspiracy, Wire Fraud, Bank Fraud, and Misapplication of Bank FundsRead the Press Release
CHARLESTON, SOUTH CAROLINA — Russell Lucius Laffitte, 53, of Estill, is scheduled to be sentenced in federal court on Tuesday, August 1. Laffitte was convicted following a nearly three-week-long jury trial in November 2022 of conspiring with Hampton personal injury attorney Alex Murdaugh to commit wire fraud and bank fraud; wire fraud; bank fraud; and three counts of misapplication of bank funds.
United States District Judge Richard M. Gergel presided over the trial and will impose the sentence.
WHEN: Tuesday, August 1, 2023, at 10:00 am
WHERE: United States District Courthouse
Courtroom 6
85 Broad Street
Charleston, South Carolina
###
Rosebud Man Sentenced for Prohibited Person in Possession of a FirearmRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rosebud, South Dakota man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on July 31, 2023.
Isaiah Lucas Beck, age 20, was sentenced to two years and ten months in prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He was also ordered to forfeit multiple firearms involved in the matter.
Beck was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in February of 2023. He pleaded guilty on May 1, 2023.
On August 31, 2022, Beck had a verbal confrontation with his father on Highway 83, south of Mission, South Dakota. During the argument, Beck’s father removed a Smith & Wesson pistol and a Del-Ton Incorporated rifle from Beck’s possession. The firearms belonged to Beck, who was an unlawful user of a controlled substance, thus prohibited from possessing any firearms. Both firearms were identified as being shipped and transported in interstate commerce and foreign commerce.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Beck was immediately remanded to the custody of the U.S. Marshals Service.
Real Estate Developer Sentenced for Investment Fraud, Bank Fraud, Money Laundering, and Tax Evasion SchemesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ROBERT V. MATTHEWS, 65, of Palm Beach Gardens, Florida, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 65 months of imprisonment, followed by three years of supervised release, for conspiracy, money laundering, and tax evasion offenses related to multiple schemes that defrauded investors and financial institutions out of tens of millions of dollars.
According to court documents and statements made in court, Matthews was a real estate developer in charge of The Palm House Hotel (“PHH”), a property that he sought to develop in Palm Beach, Florida. Matthews maintained residences in both Florida and Connecticut.
The EB-5 visa program is a federal program by which foreign nationals and their families are eligible to apply for lawful permanent resident status (commonly known as a “green card”) if they meet certain requirements by investing in a development project in the U.S. Various entities in the U.S. act as intermediaries between potential foreign investors and investment projects. One such entity, South Atlantic Regional Center, LLC (“SARC”) in Palm Beach, Florida, advertised EB-5 projects to foreign investors, collected funds from foreign investors that were earmarked for certain development projects, and made the funding available to the respective development project.
The PHH was a development project advertised by SARC to EB-5 investors between approximately 2012 and 2014. Robert Matthews purchased the PHH property in August 2006, and then lost the property in foreclosure in 2009. In August 2013, Robert Matthews reacquired control of the property through an entity called Palm House, LLC. However, Robert Matthews’ brother, Gerry Matthews, was listed in incorporation documents as owning 99 percent of Palm House, LLC, and another individual, who had secured additional financing for Robert Matthews, was listed as owning the remaining 1 percent.
Robert Matthews and others defrauded EB-5 investors by representing that funds from EB-5 investors would be used to develop the PHH; that certain well-known individuals would be on the PHH advisory board and certain well-known entertainers, businesspeople, and politicians “will be a part of the club”; and that Gerry Matthews was a member of the Palm House, LLC management team and was the 99 percent owner of the project. EB-5 investors invested in the PHH project by providing money to bank accounts controlled by SARC. SARC, in turn, provided EB-5 money earmarked for PHH use into accounts controlled by Robert Matthews and his associates.
While Gerry Matthews was the nominal 99 percent owner of Palm House, LLC, Robert Matthews controlled the company. In addition, there was no evidence any of the proffered well-known individuals would be on the PHH advisory board or would be members of the club. Robert Matthews and others used EB-5 funding for purposes not related to the PHH project, including for Robert Matthews’ personal gain.
Through this scheme, approximately 61 EB-5 investors lost a total of more than $30 million.
As part of this scheme, Robert Matthews and others moved investor funds through various bank accounts located in Connecticut and Florida. The funds were used to pay Robert Matthews’, and his wife’s, Maria Matthews, credit card debts, and to purchase two properties located in Washington Depot, Connecticut. One of the Washington Depot properties was a property that Robert Matthews had previously lost in foreclosure. Robert Matthews, Nicholas Laudano, and others conspired to purchase the property out of foreclosure by concealing both the relationship between the co-conspirators, and the source of the funds used to purchase the property.
Laudano was a construction contractor who continuously worked on the development of the PHH project between approximately 2006 and 2016. He also has operated several restaurants in Florida and Connecticut.
In addition, Robert and Maria Matthews evaded paying federal income tax they owed for the 2005 and 2007 calendar years in multiple ways, including by using limited liability companies, a company bank account, and their attorney’s trust account to pay for personal expenses. For example, in approximately November 2014, Robert Matthews caused Maria Matthews to execute documents to obtain a loan from an individual. The loan was secured by one of their Washington Depot properties, which, at the time, was in the name of a shell company. The proceeds of this loan were eventually disbursed into an account controlled by Robert and Maria Matthews in the name of Mirabia LLC. Robert and Maria Matthews subsequently used the loan proceeds for personal expenses without paying any of their outstanding tax liability.
This tax evasion scheme resulted in a loss to the Internal Revenue Service of approximately $2.75 million in taxes, interest, and penalties.
The investigation also revealed that, between approximately 2007 and 2009, Robert Matthews conspired with others in a scheme to defraud T.D. Banknorth, N.A. (now TD Bank, N.A.), out of the proceeds of a construction loan by making material misrepresentations to the bank in connection with the development of the Point Breeze Hotel in Nantucket, Massachusetts. At the time Matthews defaulted on the loan, TD Bank was owed approximately $34 million. After TD Bank foreclosed on the loan, it was owed approximately $12 million. In June 2010, Matthews conspired with others in a scheme to defraud TD Bank out of its ability to foreclose on another parcel of property in Nantucket owned by Matthews and recover the $12 million dollar debt.
Finally, between approximately December 2010 and January 2013, Robert Matthews conspired with others to defraud JP Morgan Chase Bank N.A. by misappropriating insurance proceeds earmarked for repair of one of his Washington Depot properties.
On April 25, 2019, Robert Matthews pleaded guilty to conspiracy to commit bank fraud and wire fraud, making illegal monetary transactions, and tax evasion.
Matthews, who is released on bond, is required to report to prison on October 23.
Restitution will be determined after additional court proceedings.
On April 25, 2019, Maria Matthews, also known as Mia Matthews, pleaded guilty to tax evasion. She awaits sentencing.
On March 7, 2018, Gerry Matthews, pleaded guilty to conspiracy to commit wire fraud. He also awaits sentencing.
On March 12, 2018, Laudano pleaded guilty to conspiracy to commit bank fraud, and to making illegal monetary transactions. On June 4, 2023, he was sentenced to three years of supervised release.
This matter has been investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorneys John T. Pierpont, Jr. and David E. Novick.
RGV tax preparers indicted for filing over two dozen false tax returnsRead the Press Release
McALLEN, Texas – Three local residents have been charged in a 27-count indictment alleging losses of more than $300,000 to the IRS, announced U.S. Attorney Alamdar S. Hamdani.
Elizabeth Romo turned herself in today and is expected to make her initial appearance this morning in McAllen. Authorities took Maria Lourdes Campos and Gloria Romo into custody last week.
The indictment, returned July 11 and unsealed in its entirety today, alleges Campos, Elizabeth Romo and Gloria Romo knowingly submitted dozens of fraudulent tax returns to the IRS in order to garner larger tax breaks for her clients.
The three women allegedly prepared Forms 1040 containing fraudulent Schedules A and C with false residential energy, child and dependent care expense credits. The charges allege the false and or inflated deductions occurred on client tax returns for tax years 2017 through 2020. Campos Tax Services’ clients received a larger refund than they were entitled to receive or paid a lesser amount of taxes owed to the IRS, according to the indictment.
As a result of the scheme, all three allegedly caused a total loss to the IRS of over $300,000 over the course of four years.
If convicted, they each face up to five years in prison and a possible $250,000 maximum fine.
IRS - Criminal Investigation conducted the investigation. Assistant U.S. Attorney Eric D. Flores and Cahal McColgan are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Pontiac Man Involved in Violent Robberies Appears in Federal CourtRead the Press Release
DETROIT – A Pontiac man was indicted by a federal grand jury on charges of Interference with Commerce by Robbery, Use of a Firearm in Relation to a Crime of Violence and being a Felon in Possession of a Firearm relating to an armed robbery and attempted armed robbery which occurred in the city of Pontiac, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Special Agent in Charge James Deir of the ATF’s Detroit Division and Sheriff Michael Bouchard of the Oakland County Sheriff’s Office.
Christopher Bey, 48, appeared in federal court this afternoon and was arraigned on the charges before United States Magistrate Judge Kimberly G. Altman.
“Removing violent offenders from our community is one of my office’s top priorities,” stated U.S. Attorney Dawn Ison. “We will not stop being laser focused on aggressively prosecuting dangerous individuals who persist in terrorizing our citizens.”
“Use an illegal firearm to rob 2 stores and discharge that firearm, and the ATF will exhaust every resource to identify you and to hold you accountable for gun violence. The message is simple: Actions have consequences. If you use an illegal firearm to commit gun violence in our community…. pack a lunch. You are going to be unavailable for an extended period of time,” said ATF Special Agent in Charge James Deir.
“We appreciate the teamwork with our federal partners and the U.S. Attorney’s Office. If you are a violent criminal, we will work tirelessly to hold you accountable and do everything in our power to keep our community safe,” said Sheriff Bouchard. “Working together magnifies resources and increases the opportunity for successful prosecution.”
According to the indictment, Bey is alleged to have robbed a Boost Mobile store in the city of Pontiac on February 4, 2023. After entering the store, Bey allegedly brandished a firearm and demanded money from the store employee. During the robbery, Bey fired the weapon twice.
The indictment also alleges that on March 24, 2023, Bey attempted to rob a Dollar General Store in the city of Pontiac. Bey handed a store employee a note while pointing a gun at him. Bey then ordered the employee to the back of the store and directed him to handcuff himself.
Bey was also charged with felon in possession of a firearm. The indictment alleges that, during the robbery investigations, law enforcement observed Bey’s social media posts of himself holding a firearm with his face obscured by a ski mask. Law enforcement was able to use other images from his social media accounts to determine Bey’s identity.
On July 26, 2023, the Pontiac Gun Violence Task Force (GVTF), assisted by, Oakland County Sheriff’s Office K9 Unit, Customs Border Protection - Aviation Enforcement, and the Detroit Police Department, arrested Christopher Lee Bey. Bey has been in custody since that arrest.
The GVTF was established by the ATF and the Oakland County Sheriff’s Office. The GVTF is tasked with investigating the unlawful possession of firearms and the use of firearms to commit violent crimes within Pontiac, Oakland County, and the Eastern District of Michigan.
An indictment is only a formal charging document and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case is being prosecuted by Assistant United States Attorney Nicholas McIntyre and Matthew Roth.
Pine Ridge Man Indicted for Abuse and AssaultRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Pine Ridge, South Dakota, man for Aggravated Sexual Abuse, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Corey Yankton, Sr., age 36, was indicted in July of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on July 26, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, mandatory minimum of five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Yankton sexually abusing and assaulting a female at Wolf Creek in March of 2023.
The charges are merely accusations and Yankton is presumed innocent until and unless proven guilty.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth is prosecuting the case.
Yankton was released on bond pending trial. A trial date has been set for October 3, 2023.
Pierre Man Sentenced for Prohibited Person in Possession of a FirearmRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Pierre, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on July 31, 2023.
Devin Alexander Rosenblum, age 28, was sentenced to two years in prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He was also ordered to forfeit interest in a Sturm, Ruger & Company pistol involved in the matter.
Rosenblum was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in January of 2023. He pleaded guilty on March 16, 2023.
On October 26, 2022, the South Dakota Board of Pardons and Paroles issued an absconder warrant for Rosenblum. The Dakota Territory Fugitive Task Force adopted the warrant and arrested Rosenblum in Pierre on November 1, 2022. A bag in Rosenblum’s possession was searched and revealed a black Sturm, Ruger & Company Incorporated pistol. Rosenblum admitted the pistol belonged to his roommate and that he took it without permission. Rosenblum is precluded from possessing any firearms due to prior felony convictions. The pistol was identified as being shipped and transported in interstate commerce and foreign commerce.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the U.S. Marshals Service, South Dakota Division of Criminal Investigation, Pierre Police Department, Hughes County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Rosenblum was immediately remanded to the custody of the U.S. Marshals Service.