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13 July 2023
New Orleans Man Pleads Guilty to Federal Weapons ChargeRead the Press Release
NEW ORLEANS, LOUISIANA – On July 12, 2023, ALVIE ROLLINS a/k/a ALVIN ROLLINS, age 26, plead guilty to a one-count indictment charging him with being a felon in possession of a firearm, announced U.S. Attorney Duane A. Evans. His sentencing is scheduled for October 18, 2023.
ROLLINS faces a maximum sentence of fifteen years imprisonment, a fine up of up to $250,000.00, up to three years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorneys Mike Trummel and Inga Petrovich of the Violent Crime Unit.
New Orleans Man Pleads Guilty to Federal Drug and Weapons ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – On July 12, 2023, JUSTIN MORGAN, age 25, a resident of Orleans Parish, pled guilty to three counts of a seven-count superseding indictment for drug and weapons violations, announced U.S. Attorney Duane A. Evans.
In Count 1 of the superseding indictment, MORGAN was charged with possession with the intent to distribute fentanyl, cocaine, and marijuana, in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(C), and (b)(1)(d). MORGAN faces a sentence of up to 20 years imprisonment, a fine of up to $1,000,000.00, and a period of at least 3 years of supervised release.
In Count 2 , MORGAN is charged with possessing a firearm during and in relation to a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i). MORGAN faces a minimum sentence of 5 years imprisonment up to life imprisonment, a fine of up to $250,000.00, and a period of up to 5 years of supervised release. Additionally, this sentence must run consecutive to all other sentences imposed.
In Count 3 , MORGAN is charged with being a felon in possession of a firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). MORGAN faces a sentence of up to 10 years imprisonment, a fine of up to $250,000.00, and a period of up to 3 years of supervised release. For Counts 1,2 and 3, MORGAN also faces payment of a mandatory special assessment fee of $100.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigations and the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit.
New Jersey Man Sentenced to 30 Years in Prison for Production of Child PornographyRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Taylor, age 34, of Blackwood, New Jersey, was sentenced on July 11, 2023, to 30 years of imprisonment and 10 years of supervised release for production of child pornography.
According to United States Attorney Gerard M. Karam, between July 15 and July 18, 2017, Taylor produced child pornography and transported a minor from Pennsylvania to New Jersey with the intent to engage in criminal sexual activity. Taylor committed both offenses while required by law to register as a sex offender.
The case was investigated by the Federal Bureau of Investigation, the Camden County Prosecutor’s Office, the Gloucester Township Police Department, and the Pennsylvania State Police. Assistant United States Attorney Alisan V. Martin prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
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Mount Olive Man Convicted for Multiple Weapons Charges, Including Providing Instructions on How to Make and Use Explosives to Murder Law EnforcementRead the Press Release
RALEIGH, N.C. – A federal jury convicted a Mount Olive man on nine counts, including teaching another individual how to make and use an explosive knowing that the individual intended to use that instruction in the murder or attempted murder of federal law enforcement. The jury also found Christopher Arthur, 39, guilty of receiving and possessing unregistered devices including a short-barreled rifle, a silencer, three improvised hand grenades, and an improvised claymore. Finally, the jury found Arthur guilty of possessing a silencer with an obliterated serial number. U.S. District Court Judge James C. Dever, III, presided over the three-day trial.
According to court documents and other information presented in court, investigation into Arthur began due to events that occurred on May 27, 2020. On that date, in New York, after a two-hour police pursuit, another individual was shot and killed during an exchange of gunfire. Search warrants related to that event resulted in the location of numerous additional Improvised Explosive Devices (IEDs) and firearms along with multiple “Tackleberry Solutions” tactical instructional manuals which named the author as Christopher Arthur. A review of the individual’s cell phone indicated that he had attended training with Arthur in Mount Olive for multiple days in March of 2020.
On March 19, 2021, a confidential source (CS) working with the FBI requested a free PDF document from Tackleberry Solutions. After a short period of time, an email was received from Arthur indicating that he had to keep parts of the information in the PDF off of the internet since explosives were such a touchy topic. Arthur also gave his phone number and mailing address. Arthur then began communicating via phone regarding the manuals and additional training at a cost.
On May 5, 2021, the CS attended training on explosives at Arthur’s Mount Olive home. During discussions between the CS and Arthur, the CS specifically informed Arthur that he needed such training because the ATF had visited his home and he expected them to return. Arthur introduced the CS to a concept Arthur called “the spiderweb” and which he described as a “freaking deathbox.” Over the course of a two and a half hour training, Arthur walked the individual through how to create IED’s and how to place them to create “fatal funnels” which could be used to maim or murder anyone entering the CS’s home. During that instruction, Arthur also showed the CS how to create an electric initiator for homemade grenades and bombs and how to make a homemade trip wire. Once he was finished demonstrating how to make the components, Arthur provided them to the CS and also explained how to use an old shotgun to create a “thumper” that could launch homemade grenades.
Subsequent to Arthur’s arrest, a search warrant was executed at his home. During the search, officers found an IED sitting on the front porch that was wired for a 9-volt battery powered switch located within the home. After rendering that item safe, a further search of the home uncovered three IED grenades in Arthur’s bedroom co-located with a striker plate intended to assist in detonating the IEDs. Also in Arthur’s bedroom was Palmetto State Armory PA-15 rifle chambered with 5.56 rounds and having an attached suppressor (i.e., “silencer”). Examination of the rifle revealed that it was an illegally altered short barrel rifle. Moreover, the suppressor lacked a visible serial number. Also located on the property was an IED made out of an old ammo can with a target on it, which contained 1 pound of a high explosive. None of the IEDs or firearms were registered with the National Firearm Registry and Transfer Record as required by law.
Arthur provided training materials to the CS in both PDF and video format. Within these, Arthur explained his belief for why such training was needed. For example, “When those [law enforcement officers] are trying to kick in your door, there’s no more peaceful negotiations. The time is over. That’s the time for you to start putting lead down range….that’s when you pick up that phone…to your fellow militia members and you say ‘I need help!’ And that’s when y’all man the freak up, get out there and put boots up their ass, lead down range, and bodies on the ground!”
When sentenced later this year, Arthur faces up to 95 years, including a maximum sentence of 20 years in prison and a fine of $250,000 for providing the explosives training knowing how it was going to be used, 10 years in prison and a $250,000 fine for each of the seven counts relating to possessing unregistered devices, and 5 years in prison and a $250,000 fine for the possession of a firearm with an obliterated serial number.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after the jury returned the guilty verdict. The Federal Bureau of Investigation is investigating this case and Assistant United States Attorneys Barbara Kocher and Logan Liles are prosecuting the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.7:22-cr-00005-D.
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Mobile Resident Sentenced to More Than 19 Years in Prison for Fraud and Identity TheftRead the Press Release
MOBILE, AL – A Mobile man was sentenced today to 231 months in prison for wire fraud, aggravated identity theft, and making false statements to the Small Business Administration (“SBA”) and Social Security Administration (“SSA”).
According to court documents and evidence presented at a three-day trial in April 2023, Kartarius Dewan Johnson, also known as Tareeq Akhil Anad, 42, engaged in widespread financial fraud and identity theft. Between March 2020 and January 2021, Johnson sought to defraud others of property and money worth more than $8 million using false documents containing language commonly used by sovereign citizens, a group of people who generally believe that the U.S. government is illegitimate and that they are exempt from federal, state, or local laws. Johnson contracted with third parties, including car dealerships in Mobile, Beverly Hills, California, and Scottsdale, Arizona, to purchase Rolls-Royce and Mercedes-Benz vehicles. He also signed a purchase agreement for a $4 million bayfront home in Daphne. To further his fraud scheme, Johnson mailed packages and sent emails to financial institutions and other individuals, in violation of the federal wire fraud statute. Johnson did not have the money to legitimately buy the items he sought.
Johnson also tried to fraudulently obtain SBA funds for COVID–19 relief and lied to the SSA about his U.S. citizenship when applying for a new social security card, citing membership in a fictitious tribe that is not federally recognized. In furtherance of his fraud schemes, Johnson illegally used social security numbers belonging to two deceased individuals. Records showed that between 2015 and 2018, Johnson improperly received federal tax credits totaling more than $800,000 for purported biodiesel fuel usage, which he spent on personal expenses, including a private jet membership, clothing, jewelry, cars, vacations, and child support payments.
In addition to the 231-month prison term, United States District Judge Terry F. Moorer ordered Johnson to serve a five-year term of supervised release upon his release from prison, during which time he will undergo drug testing and treatment, will receive mental health evaluation and treatment, and will be subject to credit restrictions. The court did not impose a fine, but Judge Moorer ordered Johnson to pay $310 in victim restitution and $1,600 in special assessments.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Federal Bureau of Investigation and the SSA Office of Inspector General investigated the case.
Assistant U.S. Attorney Justin Roller of the Southern District of Alabama and Trial Attorneys Sinan Kalayoglu and Shai Bronshtein of the Money Laundering and Asset Recovery Section, Criminal Division prosecuted the case on behalf of the United States.
Mississippi Man Charged with Cyberstalking and Making Antisemitic Threats Targeting Synagogues and Jewish-Owned BusinessesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Donavon Parish, 28, of Hattiesburg, Mississippi, was arrested and charged by indictment on charges of cyberstalking and communicating interstate threats. The federal grand jury made a special finding that the defendant targeted his victims based on their actual and perceived religion.
The indictment alleges that during April and May 2022, the defendant used a Voice over Internet Protocol service to make a series of phone calls to synagogues and Jewish-owned businesses in the Eastern District of Pennsylvania. In these calls, the defendant allegedly spoke to individuals answering the telephone calls on behalf of their respective institutions, at which time he repeatedly referenced the genocide of approximately six million Jewish people during the Holocaust, stating, among other things, “Heil Hitler,” “all Jews must die,” “we will put you in work camps,” “gas the Jews,” and “Hitler should have finished the job.”
If convicted, the defendant faces a maximum possible sentence of 50 years’ imprisonment, three years of supervised release, a $2,500,000 fine, and a $1,000 special assessment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by the United States Attorney’s Office for the Eastern District of Pennsylvania and the United States Department of Justice’s National Security Division (Counterterrorism Section), with assistance from the United States Department of Justice’s Civil Rights Division and the United States Attorney’s Office for the Southern District of Mississippi.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Mesa Woman Pleads Guilty to Fraud Targeting AHCCCSRead the Press Release
PHOENIX, Ariz. – Diana Marie Moore, 42, of Mesa, Arizona, pleaded guilty on Monday to Wire Fraud and Money Laundering. Sentencing is scheduled for September 18, 2023, before United States District Judge Susan M. Brnovich.
Moore admitted that she owned two behavioral health counseling services, Harmony Family Services (HFS) and Harmony Family Services II (HFS II) and that she had also submitted an application for a third behavioral health counseling service, Logan Family Health, LLC (LFH). All three then applied to be medical providers for the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency - HFS applied in 2019, HFS II applied in 2020, and LFH applied in 2022. AHCCCS approved all three applications. At the times that HFS and HFS II applied to AHCCCS, Moore admitted that she failed to disclose her ownership interest in the other entity. Moore also failed to disclose her prior felony conviction, which was required to be disclosed on the AHCCCS application form.
Moore further admitted that she engaged in fraudulent billing practices targeting AHCCCS. Starting in January 2020, Moore began obtaining AHCCCS identification numbers for AHCCCS enrollees by paying other providers to transport AHCCCS enrollees to the HFS or HFS II facility for a single day, and then obtaining the enrollees’ identification numbers once they arrived. After these AHCCCS enrollees left the HFS or HFS II facility, Moore would submit bills to AHCCCS, which falsely claimed that HFS and HFS II continued providing services to those same enrollees for up to 90 days. Moore regularly claimed that HFS or HFS II provided counseling services to a given AHCCCS enrollee for eight or more hours each day, five days a week, for months in a row, even though Moore knew such services were not provided. In addition, Moore submitted claims to AHCCCS which falsely claimed that HFS or HFS II provided services to certain AHCCCS enrollees who were, in fact, deceased or imprisoned at the time Moore claimed to have provided services. Moore later established LFH to knowingly engage in the same pattern of fraudulent billing. Between January 2020 and December 2021, HFS, HFS II, and LFH collectively received over $22 million in payments from AHCCCS.
In her plea agreement, Moore agreed to forfeit four residences, seven luxury vehicles, and over 100 other items, including jewelry, artwork, and designer clothing, all of which Moore purchased using fraudulent proceeds.
A conviction for Wire Fraud carries a maximum penalty of 20 years in prison and a fine of $250,000. A conviction for Money Laundering carries a maximum penalty of 10 years in prison and a fine of $250,000.
Internal Revenue Service Criminal Investigation conducted the investigation in this case. Assistant U.S. Attorney Aron Ketchel, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-23-00040-PHX-SMB
RELEASE NUMBER: 2023-106_Moore# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Maryland Man Sentenced to Life Imprisonment for Participating in the Murder of Three People Including A Federal WitnessRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenyatta Corbett, age 41, of Hagerstown and Baltimore, Maryland, was sentenced to life imprisonment for his role in the June 25, 2016 murders of three individuals in Mercersburg, Franklin County, one of whom was cooperating with state and federal drug investigators. The sentence was imposed by United States District Court Judge Christopher C. Conner, who also sentenced Corbett to a consecutive 20-year term of imprisonment on a companion robbery charge.
According to United States Attorney Gerard M. Karam, Corbett's conviction was the result of a seven-year investigation into three murders that occurred on June 25, 2016, on a property along Welsh Run Road in Mercersburg, Franklin County. When Pennsylvania State Police officers were called to the scene, they found the bodies of Wendy Ann Chaney, 39, Hagerstown, Md, Brandon Cole, 47, Fayetteville, PA, and Phillip Matthew Jackson, 36, Mercersburg, PA, in a barn on victim Jackson’s property. All were shot. The three victims had their hands zipped-tied behind their backs and had been set on fire. Jackson and Cole were shot once in the head. Chaney was shot twice, once in the back and once in the back of her neck. Wendy Chaney and Brandon Cole were already dead when the police responded to the scene. Phillip Jackson was transported to York Hospital where he died shortly after arrival.
The evidence previously presented at the guilty plea proceeding in June of 2022 established that Wendy Chaney was in a relationship with co-defendants Kevin Coles and Torey White and had been previously assisting both with their drug distribution operation. Corbett was likewise a heroin trafficker in Hagerstown and areas of Pennsylvania and West Virginia. Corbett, Coles, White and co-defendant Devin Dickerson learned that Chaney was cooperating with federal authorities and contracted for her to be murdered. Corbett, and co-defendant Jerell Adgebesan who worked for Corbett recruited members of a Baltimore based gang known as the Black Guerilla Family and others from Baltimore to travel to the Jackson property to kill Wendy Chaney. Adgebesan knew these individuals from Baltimore. The killers were promised that they could take as payment $20,000 that was to be in a safe in the barn and any drugs and firearms that they could locate on the Jackson property. Once there, the killers encountered not only Wendy Chaney but also Brandon Cole and Phillip Jackson. The victims had their hands bound behind their backs with zip-ties, all were shot execution style and their bodies set on fire. Chaney was killed to protect the drug trafficking activities of Corbett, Coles, White, Dickerson, and others. Jackson and Cole were murdered to prevent them from being witnesses to the crimes of violence that were committed at the Jackson property. The killers never found any money on the property but stole some drugs and firearms.
The following individuals were charged along with Corbett as a result of the investigation:
- Jerell Adgebesan, age 35, of Baltimore and Hagerstown, Maryland, was sentenced to life imprisonment for participating in the murder of three people including a federal witness;
- Devin Dickerson, age 31, Hagerstown, pleaded guilty to conspiracy to distribute heroin and crack cocaine and is awaiting sentencing;
- Torey White, age 32, Waynesboro, PA, was convicted by a federal jury in May of three counts of first-degree murder and is awaiting sentencing;
- Michael Buck, age 30, Hagerstown, pleaded guilty to Hobbs Act robbery and to being an accomplice to the use of a firearm during Hobbs Act robbery and is awaiting sentencing;
- Nicholas Preddy, age 29, Baltimore, pleaded guilty to attempting to kill a witness and was sentenced to 30 years’ imprisonment;
- Johnnie Jenkins-Armstrong, age 22, Baltimore, pleaded guilty to Hobbs Act robbery and to being an accomplice to the use of a firearm during Hobbs Act robbery and is awaiting sentencing;
- Terrance Lawson, age 31, Baltimore, sentenced to time served for attempting to intimidate a witness;
- Tyrone Armstrong, age 30, Baltimore, sentenced to time served for attempting to intimidate a witness; and
- Christopher Johnson, age 31, Baltimore, Maryland, pleaded guilty to multiple counts including murder for hire and is awaiting sentencing;
- Mark Johnson, 35, Baltimore, Maryland, pled guilty to obstructing the grand jury’s investigation and was sentenced to 110 months’ imprisonment;
- Llesenia Woodard, 46, Hagerstown, Maryland, pled guilty to providing false testimony to the grand jury investigating the murders and is awaiting sentencing
- Kevin Coles, Kevin Coles, age 36, of New York, NY and Hagerstown, Maryland, was found guilty in April of multiple crimes, including murder for hire, robbery, and drug trafficking, and was sentenced to multiple consecutive life sentences;
- Yolanda Diaz, 31, Hagerstown, Md, indicted on multiple counts of perjury and obstruction of justice based upon her testimony at the Coles trial. Her trial is currently scheduled for October 2023.
Joshua Davis, age 30, previously pled guilty to participating in the conspiracy to locate and kill an individual believed to be cooperating with federal authorities in the investigation of the triple murders. Davis was sentenced to serve 100 months’ imprisonment.
The following federal, state and local law enforcement agencies participated in the investigation: Drug Enforcement Administration Harrisburg Resident Office; Pennsylvania State Police, Chambersburg; Pennsylvania State Police, Troop H; Franklin County Drug Task Force; Franklin County Adult Probation; Pennsylvania State Probation and Parole; Hagerstown Police Department, Criminal Investigation Division; Drug Enforcement Administration, Hagerstown Resident Office; Washington County Narcotics Task Force; Drug Enforcement Administration, Baltimore District Office, Strike Force Group 1; Maryland State Police Homicide Unit; Baltimore Police Department Narcotics, Fugitive And Homicide Units; Baltimore County Police Department Narcotics and Gang Unit; Federal Bureau of Investigation Evidence Management Unit, Quantico, VA; US Marshal’s Service Harrisburg, PA and Phoenix, AZ; Franklin County District Attorney’s Office; United States Attorney’s Office, District Of Maryland; and the Washington County State’s Attorney’s Office.
Judy Fernandez, Manager of Analytic Services at LexisNexis Special Services, Inc., (LNSSI) provided expert assistance to investigators and the prosecutors in the areas of analysis, support, and the rendering of her expert opinion.
Assistant United States Attorney William A. Behe, Organized Crime Drug Enforcement Task Force, and Senior Litigation Counsel Michael Consiglio are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF) identified as “Retribution for Welsh Run”. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
All persons charged are presumed to be innocent unless and until found guilty in court.
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Man Sentenced to 84 Months for Mailing Threat Letters to Federal Judge and Members of CongressRead the Press Release
SYRACUSE, NEW YORK – Dennis J. Nelson, age 51, was sentenced today to 84 months in prison for mailing threat letters in 2018 and 2019 to a federal judge and two members of Congress while incarcerated in State of New York correctional facilities.
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.
On March 24, 2023, Nelson pled guilty to three counts of mailing threat letters and admitted that on August 1, 2018, while incarcerated at a New York State correctional facility, he mailed a threat letter to the chambers of Senior United States District Judge Thomas J. McAvoy in Binghamton, New York, threatening to kill Judge McAvoy and those at the federal courthouse with a bomb. Nelson admitted that on July 15, 2019, while incarcerated at a New York State correctional facility, he mailed a threat letter to an office of Congressman Anthony Brindisi, containing a threat to kill Representative Brindisi, and mailed a threat letter to an office of United States Senator Charles Schumer, containing a threat to kill Senator Schumer.
Senior United States District Judge Frank P. Geraci, Jr., of the Western District of New York, also sentenced Nelson to serve a term of supervised release of 3 years to follow incarceration.
The FBI Joint Terrorism Task Force (JTTF), the New York State Department of Corrections and Community Supervision’s Office of Special Investigations (NYS DOCCS OSI), and the United States Capitol Police investigated the case. Assistant U.S. Attorney Carl G. Eurenius prosecuted the case.
Man Sentenced to 15 years for Organizing Smuggling Event that Resulted in 13 DeathsRead the Press Release
NEWS RELEASE SUMMARY – July 13, 2023
SAN DIEGO – Jose Cruz Noguez, the coordinator of a fatal smuggling event near Calexico, California, on March 2, 2021, was sentenced today in federal court to 15 years in prison. During the event, 13 undocumented migrants were killed when the vehicle in which they were concealed collided with a tractor trailer near Holtville, California.
As detailed in pleadings filed prior to the sentencing hearing, Cruz Noguez was a coordinator of the event in which two SUVs – a GMC Yukon and a Ford Expedition – were modified by removing the seats in the passenger compartments so that undocumented migrants literally could be stacked on top of one another. Based on admissions made by Cruz Noguez to a cooperating source of information whom he tried to recruit to drive one of the load vehicles, he was responsible for organizing the event and collecting payment from the smuggled individuals. Cruz Noguez successfully recruited at least one of the drivers for the smuggling event, and on the morning of the incursion, he himself drove the smuggling route to scout for law enforcement activity. Meanwhile, his co-conspirators in Mexico crammed undocumented migrants into the load vehicles – at least 19 in the GMC Yukon and 24 in the Ford Expedition – and cut the international boundary fence, removing a section large enough for the vehicles to drive through.
Once in the United States, the vehicles proceeded eastbound on Interstate 8 towards a predetermined location. However, the cabin of the GMC Yukon eventually began filling with smoke, and the vehicle caught fire. The driver stopped the vehicle and fled on foot, leaving the smuggled individuals to fend for themselves. Nineteen of them were subsequently found hiding nearby, although it is believed that others were able to avoid apprehension. Meanwhile, the Ford Expedition and its 24 occupants continued driving eastbound towards Holtville, California. At the intersection of Norrish Road and Highway 115, the Ford Expedition collided with a tractor-trailer in a horrific accident, killing 13 of the undocumented migrants and seriously injuring many of the survivors. Further demonstrating his callousness, the defendant told the source of information in the days following the smuggling event that he was attempting to collect payment from the smuggled aliens who survived the incident and were not apprehended by law enforcement.
The sentencing hearing was held before U.S. District Judge Cathy Ann Bencivengo. Two of the survivors of the collision spoke and explained the terrible impact the tragedy has had on their lives. Before handing down the 15-year sentence, Judge Bencivengo determined that Cruz Noguez played an aggravated role in the smuggling event and noted that in her more than a decade of experience sentencing people for human trafficking offenses, this case was particularly “tragic and heartbreaking” and “among the worst of cases I have seen.” Judge Bencivengo went on to state, “People who engage in human trafficking of this nature are monstrous and cruel…These people were treated like human cargo…jammed into two cars to maximize the profit margin that the traffickers could make by putting as many people as possible into vehicles…with no concern about their health and safety.” Judge Bencivengo expressed her hope that the statutory maximum sentence would “be a message to the trafficking community that, when you engage in this kind of gross behavior, there are serious consequences.”
“Cruz Noguez organized one of the most callous and inhumane smuggling attempts that law enforcement has responded to in this district,” said U.S. Attorney Randy Grossman. “He and his co-conspirators treated these individuals like a worthless commodity. They were crammed into vehicles like sardines in a can, stacked one on top of another without seats or any form of safety restraints. Our office and our agency partners will not tolerate such heinous conduct and were determined to seek justice for these offenses.” Grossman thanked the prosecution team and investigating agencies for their excellent work on this case.
“Today’s sentencing serves as our promise to use every tool in HSI’s arsenal, in every corner of the globe, to investigate and dismantle human smuggling networks,” said Chad Plantz, special agent in charge for HSI San Diego. “Human smuggling is dangerous but as this case demonstrates, it’s also deadly. HSI will not stop investigating and bringing smugglers to court to face justice. There can be no safe haven for smugglers who evade our nations laws, are senselessly greedy and recklessly dangerous resulting in deaths.”
“This horrific tragedy was senseless and horrible beyond belief,” said El Centro Sector Chief Gregory Bovino. “The United States Attorney’s Office brought the defendant to justice, and the efforts of the prosecution team, plus those of Homeland Security Investigations, the California Highway Patrol, and others, signify that smugglers and traffickers of humans will face maximum consequences.”
DEFENDANTS Case Number 21CR1277-CAB
Jose Cruz Noguez Age: 49 Mexicali, Mexico
Froylan Cortez Avalos (fugitive) Age: 49 Mexicali, Mexico
SUMMARY OF CHARGES
Conspiracy to Bring in Undocumented Migrants
Title 8, U.S.C., Section 1324(a)(1)(A)(i) and (v)(I)
Maximum penalty: Ten years in prison and $250,000 fine
Bringing in Undocumented Migrants for Financial Gain and Aiding and Abetting
Title 8, U.S.C., Section 1324(a)(2)(B)(ii) and Title 18, U.S.C., Section 2
Maximum penalty: Fifteen years in prison and $250,000 fine
AGENCIES
Homeland Security Investigations
United States Border Patrol
California Highway Patrol
Imperial County Sheriff’s Office
Man Arrested for Cyberstalking and Making Antisemitic Threats Targeting Synagogues and Jewish-Owned BusinessesRead the Press Release
Donavon Parish, 28, of Hattiesburg, Mississippi, was arrested today and charged by indictment for allegedly engaging in cyberstalking and communicating interstate threats. The indictment alleges the defendant targeted his victims based on their actual or perceived religion, that is, the Jewish faith.
According to the indictment, in April and May 2022, the defendant used a voiceover internet protocol service to make a series of phone calls to synagogues and Jewish-owned businesses in the Eastern District of Pennsylvania. In these calls, Parish allegedly spoke to individuals answering the telephone calls on behalf of their respective institutions, at which time he repeatedly referenced the genocide of approximately six million Jewish people during the Holocaust, stating, among other things, “Heil Hitler,” “all Jews must die,” “we will put you in work camps,” “gas the Jews,” and “Hitler should have finished the job.”
If convicted, Parish faces a statutory maximum sentence of 50 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania and Assistant Director Robert Wells of the FBI’s Counterterrorism Division made the announcement.
The FBI is investigating the case.
The Eastern District of Pennsylvania and National Security Division’s Counterterrorism Section are prosecuting the case, with assistance from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Southern District of Mississippi.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Man Admits Theft from Newington Gun StoreRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that TROY HARRIS, 28, pleaded guilty today in New Haven federal court to a firearm offense stemming from a Newington gun store theft in September 2021.
According to court documents and statements made in court, on September 7, 2021, Harris drove a car through the entrance of Hoffman’s “Guns for the Good Guys,” a federal firearms licensee located in Newington, and stole two Kimber Micro 9 9mm semiautomatic pistols, two Kimber Pro Carry .45 ACP semiautomatic pistols, and one Kimber Super Match .45 ACP semiautomatic pistol.
Harris pleaded guilty to theft of firearms from a licensee, which carries a maximum term of imprisonment of 10 years. He is scheduled to be sentenced on October 5.
Harris has been detained since his arrest on September 7, 2021.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Newington and Bristol Police Departments. The case is being prosecuted by Assistant U.S. Attorney Daniel E. Cummings through the Justice’s Department’s Project Safe Neighborhoods (PSN) program.
PSN, the centerpiece of the Department of Justice’s violent crime reduction efforts, 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.
U.S. Attorney Avery thanked the State’s Attorney’s Office for the Judicial District of New Britain for its close cooperation in investigating and prosecuting this matter.
Louisiana Man Pleads Guilty to Dogfighting Conspiracy - Six Other Defendants Involved in the Animal Fighting Venture Have Already Been ConvictedRead the Press Release
A Louisiana man – Antonio Damon Atkins, 35, of Baton Rouge – pleaded guilty today for his part in a conspiracy to sponsor, exhibit, possess and transport animals in an interstate animal fighting venture, and to possessing an animal in such a venture, all in violation of the Animal Welfare Act.
To date, six other defendants have been convicted for their participation in the interstate dogfighting ring. The ring was originally uncovered through an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation.
Five of the defendants have already been sentenced, receiving the following for their dogfighting convictions:
- Eric “EZ” Williams, Baton Rouge, Louisiana: 60 months’ imprisonment
- Corey Brown, Baton Rouge, Louisiana: 50 months’ imprisonment
- Clay Turner, Loranger, Louisiana: 36 months’ imprisonment
- Dangelo Dontae Cornish, Greensburg, Louisiana: 16 months’ imprisonment
- Aquintas Kantrell Singleton, Baton Rouge, Louisiana: 12 months and one day’s imprisonment
A sixth, David Guidry III, of Independence, Louisiana, is scheduled to be sentenced on September 6, 2023.
“Dog fighting is a crime that cruelly forces animals into a cycle of violence and death for personal gratification or profit,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We are committed to aggressively pursuing and prosecuting anyone who engages in such blood sport.”
“No one has the right to torture any creature on this earth,” said Douglas A. Williams, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in New Orleans. “The FBI thanks its partners in this case for their steadfast work to hold Mr. Atkins accountable. The FBI is dedicated to protecting the American people, and in this case, victims who could not defend themselves against abject cruelty.”
“Individuals who support and facilitate the cold-hearted practice of dog fighting will face serious consequences for their actions,” said Dax Roberson, Special Agent in Charge, U.S. Department of Agriculture-Office of Inspector General. “We appreciate the commitment of our law enforcement partners to investigate and assist in the criminal prosecution of those who support the appalling abuse of these animals.”
According to court documents, in 2017, Atkins conspired with others to keep, breed, train and fight pitbull dogs. On telephone calls obtained via court-authorized wiretaps, Atkins and his co-conspirators discussed many facets of their plans. They discussed preparation (“When I get back, I’m going to . . . look at her [i.e., put her in a practice fight] one more time and then I’m going to match her.”) and the kinds of dogs they wanted to acquire (“We need one of them bitches that eats the face off.”). Other recorded conversations addressed using “rape boxes” to restrain female dogs for breeding, drowning unsellable puppies, performances by prized dogs that fought even after suffering fatal injuries, and bets of thousands of dollars on fight results.
Several times, Atkins and his co-conspirators met to gamble on the outcome of dog fights, including at a co-conspirator’s property in Independence, Louisiana. When dogs suffered injuries during training or fights, Atkins and his co-conspirators performed do-it-yourself veterinary care to avoid the attention that professional veterinary care might bring.
The conspirators maintained several properties in furtherance of their dogfighting operation. In August and October 2017, agents from the FBI, the U.S. Marshals Service and other federal and local law enforcement partners executed search warrants at seven properties. The agents found pitbull dogs and dogfighting paraphernalia at each. In total, 89 pitbulls – including puppies – were seized and received appropriate medical care for their injuries and medical issues. Many of these dogs were rehabilitated and adopted.
At Atkins’s property, agents found and seized fourteen pitbull dogs and puppies, many of which bore scars and wounds consistent with dogfighting. They also found dogfighting paraphernalia, including veterinary medications and supplements, dog collars, heavy chains, a training device known as a “flirt pole,” dogfighting magazines and dog pedigree records bearing Aktins’s name and the names of others. Atkins’s documents showed that he had been breeding, selling and purchasing dogfighting dogs since 2002.
Atkins pleaded guilty to two counts: (1) conspiring to violate the Animal Welfare Act to sponsor and exhibit animals in an animal fighting venture and to possess and transport animals for purposes of participation in an animal fighting venture; and (2) violating the Animal Welfare Act by possessing an animal in an animal fighting venture. Atkins faces a maximum penalty of ten years in prison and a $500,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Trial Attorney Matthew D. Evans of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorneys Lyman E. Thornton III and Jeremy Johnson of the United States Attorney’s Office for the Middle District of Louisiana are prosecuting the case. The case was investigated by the FBI and the U.S. Department of Agriculture.
Louisiana Man Pleads Guilty to Dogfighting ConspiracyRead the Press Release
A Louisiana man – Antonio Damon Atkins, 35, of Baton Rouge – pleaded guilty today for his part in a conspiracy to sponsor, exhibit, possess and transport animals in an interstate animal fighting venture, and to possessing an animal in such a venture, all in violation of the Animal Welfare Act.
To date, six other defendants have been convicted for their participation in the interstate dogfighting ring. The ring was originally uncovered through an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation.
Five of the defendants have already been sentenced, receiving the following for their dogfighting convictions:
- Eric “EZ” Williams, Baton Rouge, Louisiana: 60 months’ imprisonment
- Corey Brown, Baton Rouge, Louisiana: 50 months’ imprisonment
- Clay Turner, Loranger, Louisiana: 36 months’ imprisonment
- Dangelo Dontae Cornish, Greensburg, Louisiana: 16 months’ imprisonment
- Aquintas Kantrell Singleton, Baton Rouge, Louisiana: 12 months and one day’s imprisonment
A sixth, David Guidry III, of Independence, Louisiana, is scheduled to be sentenced on September 6, 2023.
“Dog fighting is a crime that cruelly forces animals into a cycle of violence and death for personal gratification or profit,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We are committed to aggressively pursuing and prosecuting anyone who engages in such blood sport.”
“No one has the right to torture any creature on this earth,” said Douglas A. Williams, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in New Orleans. “The FBI thanks its partners in this case for their steadfast work to hold Mr. Atkins accountable. The FBI is dedicated to protecting the American people, and in this case, victims who could not defend themselves against abject cruelty.”
“Individuals who support and facilitate the cold-hearted practice of dog fighting will face serious consequences for their actions,” said Dax Roberson, Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General. “We appreciate the commitment of our law enforcement partners to investigate and assist in the criminal prosecution of those who support the appalling abuse of these animals.”
According to court documents, in 2017, Atkins conspired with others to keep, breed, train and fight pitbull dogs. On telephone calls obtained via court-authorized wiretaps, Atkins and his co-conspirators discussed many facets of their plans. They discussed preparation (“When I get back, I’m going to . . . look at her [i.e., put her in a practice fight] one more time and then I’m going to match her.”) and the kinds of dogs they wanted to acquire (“We need one of them bitches that eats the face off.”). Other recorded conversations addressed using “rape boxes” to restrain female dogs for breeding, drowning unsellable puppies, performances by prized dogs that fought even after suffering fatal injuries, and bets of thousands of dollars on fight results.
Several times, Atkins and his co-conspirators met to gamble on the outcome of dog fights, including at a co-conspirator’s property in Independence, Louisiana. When dogs suffered injuries during training or fights, Atkins and his co-conspirators performed do-it-yourself veterinary care to avoid the attention that professional veterinary care might bring.
The conspirators maintained several properties in furtherance of their dogfighting operation. In August and October 2017, agents from the FBI, the U.S. Marshals Service and other federal and local law enforcement partners executed search warrants at seven properties. The agents found pitbull dogs and dogfighting paraphernalia at each. In total, 89 pitbulls – including puppies – were seized and received appropriate medical care for their injuries and medical issues. Many of these dogs were rehabilitated and adopted.
At Atkins’s property, agents found and seized fourteen pitbull dogs and puppies, many of which bore scars and wounds consistent with dogfighting. They also found dogfighting paraphernalia, including veterinary medications and supplements, dog collars, heavy chains, a training device known as a “flirt pole,” dogfighting magazines and dog pedigree records bearing Aktins’s name and the names of others. Atkins’s documents showed that he had been breeding, selling and purchasing dogfighting dogs since 2002.
Atkins pleaded guilty to two counts: (1) conspiring to violate the Animal Welfare Act to sponsor and exhibit animals in an animal fighting venture and to possess and transport animals for purposes of participation in an animal fighting venture; and (2) violating the Animal Welfare Act by possessing an animal in an animal fighting venture. Atkins faces a maximum penalty of ten years in prison and a $500,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Trial Attorney Matthew D. Evans of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorneys Lyman E. Thornton III and Jeremy Johnson of the United States Attorney’s Office for the Middle District of Louisiana are prosecuting the case. The case was investigated by the FBI and the U.S. Department of Agriculture.
Lieutenant for the Arellano-Felix Mexican Drug Cartel pleads Guilty in North Dakota to Leading a Major Drug Trafficking Enterprise and Conspiracy to Commit Murder in Furtherance of the EnterpriseRead the Press Release
FARGO – United States Attorney Mac Schneider, District of North Dakota, announced that on July 13, 2023, Juan Sillas-Rocha, age 45, of Tijuana, Mexico, plead guilty to Conspiracy to Distribute a Controlled Substance, Continuing Criminal Enterprise, and Conspiracy to Commit Murder in Furtherance of the Continuing Criminal Enterprise before Chief Judge Peter Welte in Fargo, North Dakota. Sentencing will be scheduled at a later time.
On March 31, 2011, Sillas-Rocha was indicted by a grand jury in North Dakota in a Superseding Indictment alleging three counts: 1) Conspiracy to Distribute Controlled Substance; 2) Continuing Criminal Enterprise; and 3) Conspiracy to Commit Murder in Furtherance of the Continuing Criminal Enterprise.
Sillas-Rocha was arrested on November 4, 2011, in Tijuana, Mexico and served with a provisional arrest warrant issued by a court in Mexico which started the extradition process. On September 8, 2022, after 11 years of litigation in Mexico, Sillas-Rocha was extradited to the United States and made his initial appearance in North Dakota on September 9, 2022. The Department of Justice’s Office of International Affairs, and the U.S Attorney’s Office in North Dakota played a significant role in securing this extradition.
As outlined at the plea hearing today before Judge Welte, an investigation was initiated in 2004 in Fargo, North Dakota, into the drug-trafficking activities of local drug dealers. This was designated an OCDETF case named “Operation Speed Racer.” The investigation revealed that from January 2002 until December of 2005, Jorge Arandas, a/k/a Sneaky, supervised a continuing criminal enterprise responsible for transporting large quantities of methamphetamine, cocaine, and marijuana to North Dakota and Minnesota from Washington, California, and Mexico. Arandas was supplied by Juan Sillas-Rocha or employees of Sillas-Rocha.
Sillas-Rocha was a distributor for the Arellano-Felix Organization (AFO) and was supervised directly by Arturo Villareal Heredia, a/k/a El Nalgon, who worked for Javier Francisco Arellano-Felix, a/k/a El Tigrillo. Both Villareal Heredia and Arellano-Felix were prosecuted by the U.S. Attorney’s Office for the Southern District of California. In 2005, Arandas arranged a 10-pound shipment of methamphetamine into the United States. Five pounds landed in Washington state and 5 pounds were delivered to Lee Avila at the West Acres Mall in Fargo. Lee Avila failed to pay for the drugs and members of the Arandas organization murdered Lee Avila in June of 2005, shooting him nine times in the presence of two small children. All five participants in the homicide pled guilty for their roles in this murder in furtherance of the continuing criminal enterprise. The participants in the homicide received the following sentences:
1. Gabriel Martinez - Life
2. Jorge Arandas - 40 years
3. Michael Petzold - 30 years
4. Alan Wessels - 23 years
5. Martin Carrillo - 20 years
After the murder, Arandas read the article in the Fargo Forum newspaper about the homicide to Sillas-Rocha and he gave Arandas an extension to pay for the shipment.
After the arrest of Javier Arellano-Felix in 2006, his nephew, Fernando Sanchez-Arellano, a/k/a El Ingeniero, assumed control of the AFO. Under the leadership of Fernando Sanchez-Arellano, Sillas-Rocha became a very powerful lieutenant in the cartel, controlling cells that were responsible for drug trafficking, armed conflicts with rival cartels, kidnappings and numerous murders. Some of the people Sillas-Rocha was supervising are listed in the Superseding Indictment and establishes “5 or more people supervised”. This AFO enterprise generated millions of dollars and would meet the definition of “substantial income.” The enterprise moved more than 15 kilograms of a mixture of methamphetamine, in excess of 5,000 grams of cocaine and in excess of 1000 kilograms of marijuana.
Sillas-Rocha continued his work for the cartel until his arrest in November 2011 but would acknowledge committing overt acts in furtherance of the conspiracy and CCE after 2011, while incarcerated in Mexico.
In February 2011, Sillas-Rocha ordered two individuals in California to be murdered for retribution for the alleged kidnapping and murder of a drug smuggler associated with Sillas-Rocha. Agents of the California Department of Justice/California Bureau of Narcotics Enforcement (BNE) through the use of a confidential informant, were able to obtain recorded phone calls and controlled meetings with Sillas-Rocha and co-conspirators. During the course of the investigation, Sillas-Rocha ordered the murder of at least two intended victims who are identified by initials in the Superseding Indictment. After providing the confidential informant with photos and the address of the intended victims, three co-conspirators were arrested and charged in San Diego County with Conspiracy to Commit Murder. Arrested were Jorge Sillas, the brother of Sillas-Rocha, Victor Magana, and Danny Cepallo. All three defendants plead guilty in state court in San Diego and received the following prison sentences:
- Jorge Sillas – 21 years
- Victor Magana – 15 years
- Danny Cepallo – 5 years
As part of “Operation Speed Racer”, 66 defendants were charged on 18 separate indictments and with the defendant’s guilty plea today it brings this19-year investigation to a conclusion.
“The crimes that led to this guilty plea affected public safety in North Dakota, and it is therefore fitting that this individual now faces justice in a federal courthouse in Fargo,” said Mac Schneider, United States Attorney for the District of North Dakota. “This result is a great example of what can be achieved when local, state, federal, and international law enforcement work together across jurisdictional lines. I congratulate our prosecution team and their law enforcement partners on this outcome, which would not have been possible without their perseverance and determination.”
“The prosecution, extradition, and now conviction, of Juan Sillas Rocha, brings to an end over a decade of tireless, coordinated effort by investigators and prosecutors from Fargo, North Dakota and San Diego, California and sends a powerful message that violence perpetrated or orchestrated by persons at the highest levels of Mexican drug trafficking organizations against persons in the United States will not go unanswered,” said San Diego County District Attorney Summer Stephan. “I want to express my appreciation for the commitment to public safety and the pursuit of justice demonstrated by our colleagues in North Dakota. “
“Today’s guilty verdict by an individual indicted 12 years ago demonstrates that regardless of the amount of time lapsed, the U.S. Drug Enforcement Administration (DEA) and its state, local and fellow federal partners, will hold drug traffickers accountable for the significant damage they have inflicted on our communities,” DEA Omaha Division Special Agent in Charge Justin C. King said.
“The West Fargo Police Department is proud to have been a partner agency in the investigation of ‘Operation Speed Racer,’” said Denis Otterness, Chief of Police. “This case exemplifies the power of mutual aid between multiple law enforcement agencies in helping to bring drug traffickers to justice and the additional benefit of removing large quantities of controlled substances from our communities. I would like to thank all of the law enforcement officers involved for their hard work, perseverance and dedication over the course of this 19-year investigation.”
This case was investigated by the DEA, Homeland Security Investigations, IRS Criminal Investigation, United States Marshal’s Service, North Dakota Bureau of Criminal Investigation, Minnesota Bureau of Criminal Apprehension, Grand Forks Narcotics Task Force, the East Grand Forks Police Department, West Fargo Police Department, Clay County Sheriff’s Office (MN), California Department of Justice, San Diego County District Attorney’s Office, Fargo Police Department, Moorhead Police Department and the Polk County Attorney’s Office (MN).
The case was prosecuted by Assistant U.S. Attorney Christopher C. Myers with the assistance of Deputy District Attorney James Fontaine of the San Diego District Attorney’s Office. The Justice Department’s Office of International Affairs worked with law enforcement partners in Mexico to secure the arrest and extradition of Sillas-Rocha.
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Leominster Man Pleads Guilty to Drug OffenseRead the Press Release
BOSTON – A Leominster man pleaded guilty yesterday in federal court in Worcester to possessing large quantities of counterfeit Adderall pills containing methamphetamine intended for distribution.
Chanhda Onesyvieng, 48, pleaded guilty to possession with intent to distribute methamphetamine. U.S. District Court Judge Margaret R. Guzman scheduled sentencing for Oct. 4, 2023. Onesyvieng was charged on May 1, 2023.
In early April 2023, federal law enforcement received information that Onesyvieng was distributing significant quantities of counterfeit Adderall pills containing methamphetamine in Rhode Island. On April 28, 2023, during a traffic stop of Onesyvieng in Worcester, approximately two kilograms of counterfeit Adderall pills containing methamphetamine and approximately 135 grams of cocaine were seized. During a subsequent search of the defendants’ residence in Leominster, approximately one kilogram of counterfeit Adderall pills containing methamphetamine, approximately one kilogram of cocaine, and approximately $60,000 in cash were seized.
The charge of possession with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; 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 today. Assistant U.S. Attorney Danial E. Bennett of the Worcester Branch Office is prosecuting the case.
Leader of Marijuana Grow in Shasta-Trinity National Forest Sentenced to over 11 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Fidel Sanchez-Cruz, 42, of Mexico, was sentenced today to 11 years and three months in prison and ordered to pay $19,354 in restitution to the United States, for conspiracy to grow marijuana in the National Forest and depredation of public lands and resources, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Sanchez-Cruz was the leader and organizer of a marijuana grow operation in the Shasta-Trinity National Forest near Highway 36 in Trinity County. In August 2018, law enforcement officers executed a search of the grow site and eradicated 6,575 marijuana plants, a marijuana processing area, and harvested marijuana. Sanchez-Cruz oversaw the operation from a distance, while co-defendants Abraham De Los Santos-Sanchez and Agustin Cruz-Sanchez lived at the grow site from April to August 2018. Sanchez-Cruz made brief visits to the grow site at strategic times, including during planting season and at harvest time to inspect the marijuana crop, drop off supplies, and provide instructions to the workers during the grow season.
A .40 caliber Smith & Wesson handgun with an obliterated serial number, pellet rifles, a loaded Smith & Wesson magazine, and a .40 caliber Smith & Wesson ammunition cartridge were found at the site.
The environmental damage to the forest was analyzed and documented by Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems that has examined over 100 public land marijuana grow sites. According to the environmental assessment report, environmental scientists found and documented extensive environmental damage, including the use and disposal of bottles of pesticides, fertilizers, and other chemicals. The hazardous wastes found at the grow site included carbofuran, a toxic pesticide that is banned in the United States. The environmental assessment concluded that the carbofuran and other pesticides and fertilizer at the grow site likely posed a significant direct risk to a number of endangered and threatened species, including the northern spotted owl, the foothill-yellow-legged frog, and coho salmon. Makeshift reservoirs and a large network of plastic irrigation lines were also found and eradicated. The environmental assessment concluded that more than 14.25 million gallons of water were illegally diverted at the grow site.
Law enforcement also searched Sanchez-Cruz’s residence in Corning, on Aug. 17, 2018, and found two baggies with about 24 grams of cocaine, five bags of processed marijuana weighing a total of about 3.96 pounds, a digital scale, packaging materials, three bags of marijuana seeds, cultivation tools, and a Winchester 20-gauge shotgun.
This case was the product of an investigation by the U.S. Forest Service with assistance from the U.S. Bureau of Land Management, the California Department of Fish and Wildlife, the California Highway Patrol, the California Department of Justice – North State Marijuana Investigation Team, the Trinity County Sheriff’s Office, the Tehama County Sheriff’s Office, the Corning Police Department, and the Red Bluff Police Department. Assistant U.S. Attorney David W. Spencer prosecuted the case.
Santos-Sanchez pleaded guilty to conspiracy to manufacture marijuana and on June 18, 2020, was sentenced to 10 years in prison. Cruz-Sanchez pleaded guilty to conspiracy to manufacture marijuana and depredation of public lands and resources and on March 9, 2023, was sentenced to 10 years in prison.
Laguna Beach Man Pleads Guilty to Unsafely Operating Drone Near Several Aircraft, Including a Coast Guard Helicopter in Mid-FlightRead the Press Release
SANTA ANA, California – An Orange County man pleaded guilty today to federal criminal charges for unsafely operating a drone aircraft on several occasions, including once flying it near a United States Coast Guard helicopter in mid-flight off the coast of Laguna Beach.
Alexander Milinovic, 62, of Laguna Beach, pleaded guilty to three misdemeanor counts of unsafe operation of an unmanned aircraft.
According to his plea agreement, Milinovic unsafely operated a drone on three occasions from June 2022 to March 2023.
On June 19, 2022, Milinovic launched his drone at a father and son who were flying an open-cockpit gyrocopter on Father’s Day. Milinovic flew the unmanned aircraft to within 10 to 20 feet of the gyrocopter, which was off the coast of Crescent Bay Beach in Laguna Beach, which caused the son, who was operating the gyrocopter, to make an emergency course correction to avoid striking the drone and crashing into the Pacific Ocean.
On July 26, 2022, Milinovic launched a drone at and flew it next to a Discovery Channel “Shark Week” blimp flying at an altitude between 500 and 1,000 feet over the Pacific Ocean in the Laguna Beach area. The blimp’s pilot estimated the drone to be in line with hitting the blimp and causing him to navigate a life-threatening emergency crash landing.
On March 19, 2023, four members of a Coast Guard flight crew were flying a rescue helicopter about 200 to 300 feet above sea level in Laguna Beach. Milinovic launched a drone and flew it directly at the Coast Guard helicopter, coming to within 200 feet of it. The crew maneuvered the helicopter away from the drone, fearing it would hit their tail rotor and cause the helicopter to crash into the Pacific Ocean.
Law enforcement was notified in November 2022 of videos posted on the TikTok social media application that showed Milinovic’s drone flying dangerously close to aircraft.
United States District Judge Fred W. Slaughter scheduled a November 28 sentencing hearing, at which time Milinovic will face a statutory maximum sentence of one year in federal prison for each count.
The FBI and the Orange County Sheriff’s Department investigated this matter as part of the Joint Terrorism Task Force with assistance from the Federal Aviation Administration and the United States Coast Guard.
Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office is prosecuting this case.
Long-Time Sureno Gang Member Is Sentenced to More Than 20 Years in Federal Prison for Shooting an Undercover Law Enforcement OfficerRead the Press Release
https://youtu.be/W71sanlvZZQ
Spokane, WA – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Randy Coy James Holmes, age 25, of Spokane, Washington, was sentenced today to more than 20 years in federal prison for Assault with a Deadly Weapon on a Federal Law Enforcement Officer in violation of 18 U.S.C. § 111(a)(1), (b) as well as Discharge of a Firearm During a Crime of Violence in violation of 18 U.S.C. § 924(c). The charges stem from Holmes’s attempted robbery of an undercover law enforcement officer in November 2021. United States District Court Judge Thomas O. Rice pronounced sentence.
According to court documents and information disclosed at court proceedings, in early November 2021, a Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) Confidential Informant reported that Holmes, who is a documented Sureno gang member and uses the alias “Whispers,” was looking to obtain a firearm to conduct future strong-arm robberies. The informant arranged for Holmes to contact an undercover ATF agent so Holmes could purchase a firearm from the agent. ATF intended to sell Holmes an inoperable firearm and then arrest him. The same day, a second ATF confidential informant advised ATF that Holmes contacted a second informant to obtain a firearm.
On November 5, 2021, Holmes agreed to meet the undercover ATF agent at the Motel 6 parking lot in Spokane to purchase the firearm. Holmes had offered to pay the undercover agent approximately one ounce of methamphetamine in exchange for the firearm, instead of U.S. Currency. Holmes arrived at the Motel 6 as planned, driving a Dodge Charger. Holmes’s co-defendants, Vincent Petrushkin and William Huntington Burns, who are also Sureno gang members, were inside the Dodge Charger with Holmes.
Before Holmes’s got out of the car, Burns provided Holmes with a firearm, which later was identified as a 9mm semi-automatic Glock handgun, as so called “protection” for the transaction with the undercover agent. Holmes then exited the Charger and got into the front passenger seat of the undercover ATF agent’s car. During the transaction, the undercover agent expressed concerns to Holmes about conducting the transaction at that location given that Holmes arrived with two additional individuals in his car. The undercover agent then asked to move the transaction to a nearby parking lot, away from the two men in the Dodge Charger.
Holmes then responded that he would “tell the homies” and started to get out of the undercover agent’s car. Holmes, however, stopped short of fully exiting the car. Instead, Holmes re-entered the car, pulled out the 9mm semi-automatic handgun, pointed the gun at the undercover agent’s head, and demanded the firearm the undercover agent was going to sell him. Among other things, Holmes screamed at the undercover agent, while pointing a gun at the agent’s head: “give it to me now… I’m gonna shoot you in the f’ing head ese … I ain’t f’ing playing with you.”
The undercover agent, who was in reasonable apprehension of immediate bodily harm, raised his hands above his head, and advised Holmes that the firearm was in the back of the car. Holmes then fully exited the undercover agent’s vehicle and ran around to the back of the car to obtain the firearm. This interaction between Holmes and the undercover ATF agent inside the car was captured on a video recording device from inside the undercover agent’s vehicle.
After Holmes got out of the car, the undercover agent exited the vehicle and directed Holmes to drop the gun. Rather than drop his firearm, Holmes repeatedly fired the 9mm semi-automatic Glock at the undercover agent, striking the agent multiple times, and causing the agent serious and permanent bodily injury. The undercover agent returned fire, striking Holmes. Audio from the shooting was captured by the video recorder inside the undercover agent’s car.
ATF surveillance agents quickly arrived at the scene and rendered life-saving aid to Holmes before he and the undercover agent were transported to the hospital. At the hospital, emergency room personnel located approximately 1 ounce of methamphetamine in Holmes’s jacket pocket.
At the time of this offense, Holmes was on federal supervised release stemming from a 2019 conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). Holmes also was on Washington State Department of Corrections community custody supervision from an unrelated state felony conviction.
Codefendants Petrushkin and Burns have both previously pled guilty to federal offenses related to this incident. Additionally, Kenneth Rankin Gazzaway was identified as having purchased the that Glock 9mm semi-automatic handgun firearm from a Federal Firearms Licensee in the Spokane area. The ATF learned Gazzaway was a methamphetamine user, which precluded him from purchasing a firearm. Nonetheless, Gazzawaylied on federal paperwork in order to purchase this and other firearms. During the case, Gazzaway admitted to traded some of the firearms he illegally purchased for drugs. One of those individuals to whom Gazzaway traded firearms was Adam Layton, who is another documented Sureno — i.e., the same criminal street gang as Holmes.
During today’s sentencing hearing, the undercover ATF agent, his wife, and his mother, provided powerful victim impact statements discussing the impact Holmes’s actions had on their family’s life. Excerpts of the undercover agents statements are included as an attachment.
During the sentencing process, Holmes attempted to shift blame for the offense, blaming a multitude of other individuals for his actions. However, Judge Rice was not persuaded, and sentenced Holmes to more than two decades in federal prison.
“This tragic case demonstrates the danger and violence that too frequently occurs when convicted felons possess firearms and engage in illegal drug trafficking,” stated U.S. Attorney Waldref. “I am grateful for the exceptional courage and bravery of law enforcement officers, who put their personal safety at risk to protect our community, and I commend the ATF agents involved for their exceptional professionalism in rendering life-saving aid to Mr. Holmes before he could be treated at a hospital. Our community is stronger as a result of these agents’ tremendous service. My heart goes out to the the undercover ATF agent and his family. They have made tremendous sacrifices to ensure the safety of the community. I commend him for his service and thank all of the brave men and women who led the investigation and prosecution in this case.”
“Thanks to the bravery, quick thinking, and professionalism of this agent and the nearby team, Mr. Holmes survived an incident of his own making and will have the next two decades in prison to consider the consequences of his repeated offenses,” said Richard A. Collodi, Special Agent in Charge of the FBI Seattle field office. “I commend the law enforcement officers in Washington state and across the country who protect their communities, knowing every day could take a dangerous turn in just a moment and might never be the same for themselves and their families.”
Assistant United States Attorney, Caitlin Baunsgard, who led the United States’ prosecution in this case, stated, “In this case, a multiple-time convicted felon — who was being supervised by two separate courts, and who was living in a halfway house after having been released from federal prison — was looking for a gun to commit home-invasion robberies.” AUSA Baunsgard continued, “In response to this clear threat to the community, the ATF fearlessly, and without hesitation, did their job. These agents stepped up to protect and serve the community. I am so proud to work with this amazing group of professionals.”
This case has been investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Spokane Police Department. This case is being prosecuted by Assistant United States Attorneys Caitlin Baunsgard and Patrick Cashman.
Case No.: 2:21-CR-164-TOR
us_v_holmes_victim_statement.pdfKouts Woman Sentenced for Tax OffensesRead the Press Release
HAMMOND- Kathy Lynch, age 64, of Kouts, Indiana, was sentenced by United States District Court Judge Philip P. Simon after being found guilty of nine counts of willful failure to pay employment taxes to the Internal Revenue Service (IRS), following a 3-day jury trial in March 2023, announced United States Attorney Clifford D. Johnson.
Lynch was sentenced to 15 months in prison followed by 1 year of supervised release.
According to documents in the case, for years Lynch failed to remit and pay federal payroll taxes for the Kouts, Indiana, nursing clinic she owned and operated. Over the course of 16 years, Lynch withheld payroll tax money from her employees’ paychecks, but instead of paying those taxes over to the IRS, as she was obligated to do, she kept more than $474,000 which she spent on personal and business expenses.
The case was investigated by the Internal Revenue Service-Criminal Investigation Division. This case was prosecuted by Assistant United States Attorneys Abizer Zanzi and Kevin Wolff.
Kissimmee Resident Pleads Guilty to Wire Fraud Scheme Targeting Rideshare ServiceRead the Press Release
Orlando, FL – United States Attorney Roger B. Handberg announces that Jesus Alejandro Millan Gomez (38, Kissimmee) has pleaded guilty to wire fraud and aggravated identity theft. He faces a maximum penalty of 20 years in federal prison for the wire fraud offense, and a mandatory consecutive term of 2 years for the aggravated identity theft offense. A sentencing date has not yet been set.
According to court documents, Millan Gomez used multiple fraudulent rideshare driver accounts that had been created through an online registration process using stolen identities. As a part of the scheme, Millan Gomez caused numerous rider accounts to also be established by others outside of Florida, including in Mexico and elsewhere. Using multiple cellphones at the same time and a “spoofing” location application to mask or manipulate his location to the rideshare service, Millan Gomez received instructions to pair trips together using cellphones that he controlled. Once a trip was underway, Millan Gomez used the location app to deceive the rideshare service into believing that he had driven significantly further than the original destination requested, which increased the fare. This fraud scheme exploited a then-existing weakness in the rideshare company’s payment system and defrauded the company of $232,994.87 in payments.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ranganath Manthripragada.
Kilogram Distributor of Methamphetamine receives 121 Months in Federal PrisonRead the Press Release
WILMINGTON, N.C. – Edward Collins, 22, of Briscoe, North Carolina, was sentenced to 121 months in prison for drug trafficking. On April 12, 2023, Collins pled guilty to conspiracy to possess with the intent to distribute and distribute 500 grams or more of a mixture and substance containing methamphetamine and possession with the intent to distribute 500 grams or more of a mixture and substance containing methamphetamine.
According to court documents and other information presented in court, on May 14, 2022, Duplin County Narcotics detectives were aware that Collins was delivering a large amount of methamphetamine to a residence in Mt. Olive, North Carolina. When Collins arrived at the residence, detectives approached the car and Collins attempted to flee, but law enforcement was able to prevent Collins from leaving. Law enforcement found 848 grams of pure methamphetamine in the car. During the course of the investigation, investigators uncovered that Collins had been involved in the distribution of at least 10 kilograms of methamphetamine between April 2021 and the time of his arrest.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Bureau of Alcohol, Tobacco and Firearms, the Drug Enforcement Administration, Department of Homeland Security and the Duplin and Sampson County Sheriff’s’ Offices investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:22-CR-00097-M-BM-2.
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KC Medical Spa Owner Sentenced for Illegal TreatmentsRead the Press Release
KANSAS CITY, Mo. – The former owner of a Kansas City, Mo., medical spa was sentenced in federal court today for providing illegal treatments to his patients, several of whom suffered adverse effects from the foreign products.
Richard B. Smith III, 47, of Shawnee, Kansas, was sentenced by U.S. District Judge Howard F. Sachs to two years in federal prison without parole. The court also ordered Smith to pay $18,296 in restitution to his victims.
On July 27, 2022, Smith pleaded guilty to one count of receiving misbranded drugs (foreign and unapproved Botox) and delivering them for pay with the intent to defraud or mislead, and one count of receiving adulterated devices (Juvederm Ultra 3) and delivering them for pay with the intent to defraud or mislead.
Smith owned and operated Tap and Blade, located at 7208 Wornall Road, Suite 206, in Kansas City, Mo. Tap and Blade offered medical services, such as injections of prescription drugs, including Botox, and prescription devices to enhance facial features, including Juvederm Ultra 3. Tap and Blade also offered cosmetic services, such as microblading, brow shading, and cool sculpting. Smith was the only employee of Tap and Blade and performed all the procedures offered at the clinic.
The U.S. Food and Drug Administration, Office of Criminal Investigations began investigating Tap and Blade in December 2020 based on information that multiple patients suffered injuries after receiving treatment at Tap and Blade. Agents executed a search warrant at Tap and Blade on April 7, 2021, and found boxes of Juvederm Ultra 3 as well as three syringes filled with Botox.
Smith admitted that he obtained Botox and Juvederm Ultra 3 over the internet and without a prescription from a website in China. Smith purchased the products from Alibaba.com because the foreign products were significantly cheaper, which allowed him to lower his cost compared to his competitors and led him to gain more customers. Smith knew the drugs and devices he was injecting into his patients were illegal.
Smith admitted he never told his patients he was using foreign prescription drugs and devices that had not been approved by the FDA. Smith estimated he treated approximately 50 to 60 customers. Smith treated at least 10 patients who suffered a bodily injury after being treated with Juvederm Ultra 3.
For example, according to court documents, one patient told investigators the treatment was very painful and bruised her lip immediately. She went to the emergency room due to severe pain and blistering on her upper lip and was treated by a plastic surgeon. Another patient told investigators she has a permanent scar as a result of Smith’s treatments.
Even after Smith became aware of patients suffering adverse reactions to his procedures, he continued to perform injections in the same manner using the same types of illegal products.
During the more than three years Tap and Blade operated, from Jan. 1, 2018, to April 30, 2021, there was never a medical doctor associated with the spa, nor was there a doctor overseeing procedures. Smith admitted that he knew his patients should have seen a doctor prior to receiving treatment, and that he told them there was a doctor on staff. Smith persistently misrepresented his qualifications to patients. He told patients he was a registered nurse or had a nursing degree, and that he was licensed to perform the procedures. These lies allowed him to gain the trust of his clients, which enabled him to commit these crimes that ultimately led to several individuals suffering an injury.
Smith did not attend any training courses on how to properly administer the products. Prior to opening Tap and Blade, Smith practiced injections on honeydew fruit, fake heads, and fake skins.
The FDA approval of Botox limits the drug to use under the supervision of a licensed practitioner, thus, it is a prescription drug. Smith admitted that the foreign and unapproved Botox he purchased for use at his spa was misbranded because it did not bear adequate directions for use.
Upon being injected beneath the skin’s surface, Juvederm adds volume and lift to smooth wrinkles and folds. Juvederm products are regulated as devices because, when injected, they are intended to reside under the skin and do not achieve their primary intended purpose through chemical action or metabolization. The FDA’s approval for Juvederm products limits them to use under the supervision of a licensed practitioner, thus, they are prescription devices. Juvederm Ultra 3 is not legal for distribution in the United States because it lacks FDA approval.
Smith was convicted in 2011 of one count of attempted possession of gamma-butyrolactone (GBL) with intent to manufacture gamma-hydroxybutyric acid (GHB) and three counts of possession of GBL with intent to manufacture GHB. He was sentenced to five years in federal prison without parole. During the investigation of that case, it was determined that Smith, acting as a representative of Schindler Elevator, purchased four 30-gallon drums of GBL from Barton Solvents, Inc. in Kansas City, Kan., between Oct. 5, 2006, and Dec. 3, 2007. Smith falsely claimed the GBL would be used for cleaning and degreasing purposes, when in reality, Smith obtained the GBL with the intent of converting it to GHB. On Oct. 8, 2007, a woman who lived with and dated Smith died from a drug overdose. GHB was one drug found in her system. The amount of GHB in her system was considered a lethal level of GHB and likely led to her death.
This case was prosecuted by Special Assistant U.S. Attorney Bradley Cooper. It was investigated by the Food and Drug Administration Office of Criminal Investigation.
Justice Department Reinforces Federal Protections for Servicemembers and their Spouses in Letter to State OfficialsRead the Press Release
The Justice Department announced today that it has issued a letter to all state licensing authorities about new employment-related federal protections for military families. The letter informs state licensing authorities about Congress’s recent amendment to the Servicemembers Civil Relief Act (SCRA) that allows servicemembers and their spouses to use their professional licenses or certificates in new jurisdictions if they are relocating because of military orders and meet certain other requirements.
“Servicemembers and their families should not face unnecessary barriers to employment because of the sacrifices they make in service to our country,” said Attorney General Merrick B. Garland. “The guidance we are issuing today reflects the Justice Department’s commitment to honoring our nation’s servicemembers and their families not just with words, but also with action.”
“Servicemembers bear great burdens to protect and advance our democracy, and families of these dedicated military professionals often make sacrifices on our behalf, including frequent moves, child-care challenges, and interruptions or barriers to employment,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The resources that we are making available should empower many servicemembers and military spouses with professional licenses to better navigate the burdens that can result from frequently moving around the country.”
In January 2023, Congress added a new provision to the SCRA — a law that provides servicemembers and their families with a wide variety of financial and housing protections — to make it easier for servicemembers and military spouses to have their professional licenses recognized when they relocate to another state due to military orders. The new SCRA license portability provision provides that servicemembers and military spouses can have their out-of-state licenses recognized as valid in the new state while they are stationed there as long as they meet certain requirements.
The letter to state licensing authorities explains how the SCRA’s license portability provision reduces the administrative hurdles that servicemembers and their spouses face when they move across state lines. The documents explain the requirements servicemembers or their spouses must meet to have their license or certificate recognized as valid under this new law. The Department is also releasing a fact sheet about the SCRA’s license portability provision.
Statement of Interest
The Justice Department also filed a statement of interest in Portée v. Morath, a lawsuit filed by a military spouse in the U.S. District Court for the Western District of Texas alleging the state of Texas denied her request to have her out-of-state school counseling licenses recognized as valid as required under the new SCRA’s license portability provision. According to the complaint, the military spouse has school counseling licenses issued by Ohio and Missouri and recently moved to Del Rio, Texas, due to her husband’s military orders. She alleges that the Texas state licensing authorities told her that the new SCRA law “would not apply to Texas.”
The Department’s statement of interest argues that the requirement that the license have been “actively used during the two years immediately preceding the relocation” to the new jurisdiction should be interpreted to require only that the license have been used at some point during the prior two years. It also discusses the significant public interest that is served by reducing barriers to licensure and increasing career opportunities for servicemembers and their spouses.
“This federal law is in place to help military spouses maintain their careers and financial security while enduring already stressful life changes,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Ultimately, the SCRA strengthens America’s military families and our overall national security, and that is not something any agency should interfere with.”
Servicemembers and their spouses who are covered by this new law are likely eligible for military legal assistance and can contact their local legal assistance office for help. Office locations can be found at legalassistance.law.af.mil. If servicemembers or their spouses are not eligible for military legal assistance services, they may request that the Justice Department review their claim by submitting a complaint through civilrights.justice.gov/link/4025A.
The Servicemember and Veterans Initiative, housed in the Department’s Civil Rights Division, works to ensure that the rights of the brave men and women of our nation’s armed forces, and the veterans who have served in the past, are safeguarded from discrimination and unfair treatment.
Since 2011, the Department has obtained over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. You can learn more about the Servicemember and Veterans Initiative at servicemembers.gov.
The letter to state licensing authorities can be found here.
A fact sheet explaining the new SCRA provision can be found here.
The statement of interest can be found here.
Statement of Interest SCRA License Portability Fact Sheet SCRA License Portability LetterJustice Department Facilitates Meetings in Western District of Louisiana for Ways to Combat Unlawful Acts of HateRead the Press Release
SHREVEPORT/LAFAYETTE, La. - United States Attorney Brandon B. Brown announced that community meetings were held last week in both the Shreveport and Lafayette areas in hopes of finding ways to combat unlawful acts of hate targeted at the LGTBQIA+ community.
In September 2022, United States Attorney General Merrick Garland announced a nationwide initiative to combat these crimes of hate and stated that investigating and prosecuting hate crimes is a top priority for the Justice Department. The United Against Hate Community Outreach Program was established to bring awareness and emphasize the need to report hate incidents as well as crimes. Hate crimes target and harm not just individual victims, but entire communities and it is important that we use every tool available to prevent, deter, and respond to hate crimes and bias-motivated forms of extremism.
The program brings together community leaders with federal, state and local law enforcement to help the community be better informed and understand how to report hate crimes and build trust between law enforcement and communities. Through using hypothetical scenarios and video clips depicting real-life hate crime cases and stories, United Against Hate promotes interaction between community members and law enforcement participants. Program topics include: defining hate crimes versus hate incidents; the importance of reporting unlawful acts of hate; providing options for responding to hate incidents when situations do not constitute a federal or state crime; and distinguishing unlawful conduct from protected First Amendment activity, including identifying protected speech versus speech that advocates violence or encourages people to commit hate crimes.
The first event was held at the University of Louisiana at Lafayette on June 28, 2023, and the second event was held at the Louisiana State University at Shreveport on June 29, 2023. Panelists for the events in both Shreveport and Lafayette included representatives from the Federal Bureau of Investigation, Department of Justice Community Relations Service, Shreveport Police Department, People Acting for Change and Equality (PACE), Louisiana Trans Advocates, University of Louisiana at Lafayette, Acadiana Queer Collective, and Community Advocate. The Justice Department is committed to its United States Attorney’s Offices strengthening its relationships within their respective communities in terms of civil rights awareness and resources. The Western District of Louisiana has sponsored or participated in civil rights related meetings in Shreveport, Lafayette, Alexandria, Monroe, Lake Charles, Tallulah, Bossier City, and Grambling, related to use of force investigations, disparities in public school education, issues concerning English Learner students, and the like.
“The United Against Hate program is another tool in our toolkit that we will use to try and eradicate hate in our district," stated United States Attorney Brandon B. Brown. “It is my understanding that there are multiple unsolved transgender homicides and assaults in this district. There is a natural hesitation of persons that may have information concerning these crimes to engage with law enforcement, but we want to extend the olive branch. Every person in the Western District of Louisiana, and everywhere for that matter, deserves to live in a community where they do not have to be fearful of being harassed or attacked because of their color, gender identification, sexual preference, or religious beliefs. This is another civil rights related event that we have sponsored that has led to more open discussion and awareness concerning these issues that plague our communities today.”
“It is vital that the public understand how important reporting a potential hate crime is,” said Douglas A. Williams, Jr., Special Agent in Charge of FBI New Orleans. “Without the help of the community, these malicious crimes may go unpunished. The FBI is proud to be part of the U.S. Attorney’s effort to educate the public on how we can help develop strategies to address local hate crime problems. Anyone with civil rights concerns can contact us at 1-800-CALL-FBI, the FBI New Orleans Headquarters at (504) 816-3000 or submit a tip at https://tips.fbi.gov.”
“The Office of Campus Diversity was happy to partner with the Department of Justice, the U.S. Attorney General's Office for the Western District of Louisiana, and the Federal Bureau of Investigation's Community Relations Service on the United Against Hate Event,” stated Kiwana T. McClung, Chief Diversity Officer and Professor of Architecture and Design at University of Louisiana at Lafayette. “Our office is committed to educating our campus stakeholders about issues of concern affecting the LGBTQ+ community and this event was very timely, assisting us in fulfilling that mission. The information, resources, and perspectives provided during this event were very beneficial to the attendees and we would like to sincerely thank the panelists for their service. We look forward to partnering again in the future, so that we may continue our mission of inclusive excellence at the University of Louisiana at Lafayette and in the wider Lafayette community.”
“Never let anyone’s ignorance become your reality,” stated Roxie C. Black, LGBTQ+ Community Advocate and panelist at the United Against Hate community meeting held in Lafayette, Louisiana.
"With the continuous rise of anti-LGBTQ+ rhetoric spreading across our state and country, we can only expect an increase in related hate crimes,” said Peyton Rose Michelle, Executive Director of Louisiana Trans Advocates. “I'm grateful that the DOJ is invested in ensuring that our community knows their safety is a priority and ensuring they know the importance of reporting hate crimes. And as a leader, I'm grateful to know I have a trusted resource to support my community when they share with me that they've experienced the trauma of a hate crime."
Development of the United Against Hate program was led by the Civil Rights Division. EOUSA and other components in the Department’s Hate Crimes Enforcement and Prevention Initiative, including the Community Relations Service, the Community Oriented Policing Services Office, the FBI, and the Office of Justice Programs, provided critical assistance in developing the program. Click here for more information about ways to combat hate crimes and incidents.
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Justice Department Announces Investigation into Conditions in Fulton County, Georgia JailRead the Press Release
The Justice Department announced today that it has opened a civil investigation into the conditions in the Fulton County Jail in Georgia.
Based on an extensive review of publicly available information and information gathered from stakeholders, the Department has found significant justification to open this investigation, including credible allegations that an incarcerated person died covered in insects and filth, that the Fulton County Jail is structurally unsafe, that prevalent violence has resulted in serious injuries and homicides, and that officers are being prosecuted for using excessive force.
The investigation thus will examine living conditions, medical and mental health care, use of excessive force, and protection from violence. The investigation will also examine whether Fulton County and the Fulton County Sheriff’s Office discriminate against persons with psychiatric disabilities inside the jail.
“People in prisons and jails are entitled to basic protections of their civil rights,” said Attorney General Merrick B. Garland. “We launched this investigation into the Fulton County Jail based on serious allegations of unsafe, unsanitary living conditions at the jail, excessive force and violence within the jail, discrimination against incarcerated individuals with mental health issues, and failure to provide adequate medical care to incarcerated individuals. During this comprehensive review of the conditions of confinement at the Fulton County Jail, the Justice Department will determine whether systemic violations of federal laws exist, and if so, how to correct them.”
“The unconstitutional conditions that we see too often inside jails and prisons have no place in society today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We are launching this investigation to determine whether Fulton County’s treatment of people in the jail complies with constitutional standards. We are committed to ensuring jail and prison facilities provide constitutional conditions, in which all people can live safely and receive medical care. Incarceration should never include exposure to unconstitutional living conditions, including the risk of serious harm from violence.”
“All Georgians deserve fairness from the institutions that serve us, including our local jails,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “The recent allegations of filthy housing teeming with insects, rampant violence resulting in death and injuries, and officers using excessive force are cause for grave concern and warrant a thorough investigation. This investigation is part of our ongoing efforts to ensure that citizens are safe, and their constitutional rights protected, even while they are in custody.”
Department officials have informed Fulton County officials and the Fulton County Sheriff of the investigation. They pledged to cooperate with the investigation.
The Department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Americans with Disabilities Act (ADA). Both statutes give the Department the authority to investigate systemic violations of the rights of people confined to correctional facilities. The Department’s work has led to important reforms to protect the rights of people in jails and prisons.
The Civil Rights Division’s Special Litigation Section is conducting this investigation jointly with the U.S. Attorney’s office in the Northern District of Georgia. Individuals with relevant information are encouraged to contact the Department via phone at (888) 473-4092 or by email at fultoncountyjail@usdoj.gov.
Additional information about the Civil Rights Division’s work regarding correctional facilities is available on its website at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Jury Convicts Jacksonville Felon for Illegally Possessing A Loaded FirearmRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Dwayne Eric Thompson (39, Jacksonville) guilty of possessing a firearm as a convicted felon. Thompson faces a maximum penalty of 15 years’ imprisonment. A sentencing date has not yet been set.
According to evidence presented at trial, Thompson was arrested, pursuant to an outstanding warrant, by officers from the Jacksonville Sherriff’s Office and his car was searched. A loaded pistol was recovered from the center console. During the search, Thompson and the other passengers denied knowledge and ownership of the firearm. DNA evidence presented at the trial showed that Thompson’s DNA was present on the firearm and the loaded magazine. At the time, Thompson had multiple prior felony convictions and was on federal supervised release, having previously been convicted by a federal trial jury in 2010 of possession of a firearm by a convicted felon. As a convicted felon, Thompson is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney John Cannizzaro. Assistant United States Attorney Mai Tran is handling the forfeiture.
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.
Judge Sentences Florida Man to 18 Years in Prison for Attempting to Provide Material Support to ISISRead the Press Release
WASHINGTON – Muhammed Momtaz Al-Azhari, 26, of Tampa, Florida, was sentenced to 18 years in federal prison, followed by a lifetime of supervised release, for attempting to provide material support to a designated foreign terrorist organization.
According to court documents, Al-Azhari pleaded guilty to the charge in February 2023. Al-Azhari is a United States citizen who spent most of his life abroad and came to embrace dogmatic, Islamist/Salafist beliefs. In 2018, Al-Azhari was released from prison in Saudi Arabia following a conviction and sentence for supporting terrorism in Syria, after which he was removed to the United States.
Upon Al-Azhari’s arrival to the United States in or around December 2018, the FBI began investigating him for potentially providing material support to ISIS, which, at all relevant times, was designated as a foreign terrorist organization under federal law. In or around April 2020, Al-Azhari began to plan to carry out an attack in support of ISIS. Around the same time, Al-Azhari began to acquire multiple firearms. Al-Azhari also researched and scouted potential locations for an attack in the Tampa Bay area. Since at least May 2019, Al-Azhari also consumed ISIS propaganda and spoke favorably about ISIS, to which he eventually pledged his allegiance through a bay’ah (an Islamic oath of allegiance). Furthermore, Al-Azhari spoke about avenging the United States’ imprisonment of Muslims, including ISIS fighters, and the United States’ military actions in the Middle East. In addition, Al-Azhari rehearsed parts of his plans, including practicing statements that he would make during or in connection with, his intention to support ISIS.
Al-Azhari had multiple, recorded interactions with an FBI undercover employee and a confidential human source (CHS) in April and May 2020. Al-Azhari was in the process of trying to buy guns from the undercover employee, including a fully automatic rifle, when he was arrested on state charges for carrying a concealed weapon without a permit. After his release from state custody, Al-Azhari continued to try to buy firearms from the UCE. Al-Azhari also met with the CHS, attempted to “convert” the CHS to Islam, and Al-Azhari confided in the CHS about Al-Azhari’s affiliation with ISIS and his plans to provide material support to ISIS, as well as to send money to ISIS. Al-Azhari also recruited the CHS to help him in connection with his plans in support of ISIS, as well as robberies, and he asked the CHS to obtain a Glock pistol and an unregistered silencer. Agents arrested Al-Azhari when he took possession of the gun and silencer on May 24, 2020.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Roger B. Handberg for the Middle District of Florida, and Assistant Director Robert R. Wells of the FBI Counterterrorism Division made the announcement.
The FBI’s Joint Terrorism Task Force, including Homeland Security Investigations (HSI), the Tampa Police Department, the Pinellas County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the St. Petersburg Police Department, the Clearwater Police Department, and the Florida Department of Law Enforcement investigated the case.
Assistant U.S. Attorneys Risha Asokan and Cherie Krigsman for the Middle District of Florida prosecuted the case, with assistance from Joshua Champagne and Paul Casey of the National Security Division’s Counterterrorism Section.
Jerry L. Jensen Appointed Acting U.S. Trustee for Arkansas, Nebraska, and MissouriRead the Press Release
Jerry L. Jensen has been appointed by Attorney General Merrick B. Garland as the Acting U.S. Trustee for Arkansas, Nebraska, and Missouri (Region 13) effective Aug. 1, the Executive Office for U.S. Trustees announced today. Jensen replaces Daniel J. Casamatta, who is retiring after 35 years of dedicated service to the department, including the last eight years as the Acting U.S. Trustee in Region 13. Under 28 U.S.C. § 585(a), the Attorney General may fill U.S. Trustee vacancies by appointing an Acting U.S. Trustee.
Jensen joined the U.S. Trustee Program (USTP) in 1989 as a trial attorney in the Omaha office and was appointed as the Assistant U.S. Trustee there in 2019. He has served important roles both regionally and nationally, including as the Region 13 Appellate Coordinator for many years and as a member of four internal peer review teams charged with assessing field office compliance with USTP standards, policies, and expected levels of performance. He also is active within the District of Nebraska, including representing the USTP on the district’s interagency Bankruptcy Fraud Working Group and the Nebraska Bankruptcy Court Practice Committee and serving as a frequent lecturer at local and regional professional programs. Jensen received his Juris Doctor from Creighton University School of Law and his Master of Laws in agricultural law from the University of Arkansas School of Law.
The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 13 has offices in Little Rock, Arkansas; Kansas City and St. Louis, Missouri; and Omaha, Nebraska.
Jamaican National Pleads Guilty to Mail and Wire Fraud Charges in Connection with Fraudulent Sweepstakes Scheme That Targeted Elderly VictimsRead the Press Release
SCRANTON - A Jamaican national, who was extradited to the United States, pleaded guilty in the U.S. District Court for the Middle District of Pennsylvania on charges relating to his participation in a phony sweepstakes scheme that targeted elderly victims in the United States.
According to court documents, Damone D. Oakley, 41, of the Point District, St. James Parish, Jamaica, pleaded guilty to two counts of mail fraud and two counts of wire fraud.
As part of his plea agreement, Oakley admitted that he sought to unlawfully enrich himself through a fraudulent sweepstakes scheme that targeted elderly and vulnerable victims. Oakley’s victims received mailings, text messages, or phone calls in which they were falsely told that they had won millions of dollars and luxury vehicles in a sweepstakes, but first needed to pay taxes and fees in order to claim their winnings. Oakley used a variety of names during the scheme, including “Officer Alex Logan” and “Officer Stan Valentine,” and instructed his victims on how to send their money. His victims used wire transfers, direct bank deposits, the U.S. Postal Service, and private commercial mail carriers to send money directly to Oakley, as well as to individuals in the United States and elsewhere who served as intermediaries and transmitted the money to Oakley. In addition to sending cash or wire transfers, Oakley’s victims were directed to purchase electronics, jewelry, and clothing, which were sent to mail forwarding services in Florida, and then on to Oakley in Jamaica. Victims never received any “winnings.” Oakley defrauded his victims out of hundreds of thousands of dollars during the course of the scheme.
“The Department of Justice’s Consumer Protection Branch remains committed to pursuing criminals who defraud elderly and vulnerable U.S. consumers and to prosecuting them to the full extent of the law,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Oakley was the first individual whose extradition was requested by the United States under Jamaica’s revised Extradition Act, and we are confident that we will continue our efforts to root out fraud that targets vulnerable consumers, wherever the fraudsters are located.”
“Oakley targeted the most vulnerable people in our society and defrauded them out of hundreds of thousands of dollars," said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “Today’s guilty plea reflects our office’s commitment to protecting elderly victims and punishing individuals who engage in this type of behavior.”
“The U.S. Postal Inspection Service is committed to investigating scammers, domestically and internationally, who use the U.S. mail to enrich themselves by targeting and financially exploiting vulnerable American consumers, including the elderly,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s Criminal Investigations Group. “Today’s plea exemplifies the Postal Inspection Service’s efforts to collaborate with foreign and domestic law enforcement partners to bring these criminals to justice.”
The U.S. Postal Inspection Service investigated the case. The Justice Department’s Office of International Affairs worked with law enforcement partners in Jamaica to secure the arrest and extradition of Oakley. The U.S. Marshals Service also provided significant assistance.
The case is being prosecuted by Senior Litigation Counsel Linda I. Marks of the Department of Justice’s Civil Division, Consumer Protection Branch, along with Assistant U.S. Attorney Christian Haugsby for the Middle District of Pennsylvania.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish, and other languages are available.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Middle District of Pennsylvania visit their website at www.justice.gov/usao-mdpa. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.
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Great Falls meth trafficker sentenced to prisonRead the Press Release
GREAT FALLS — A Great Falls man who admitted to trafficking methamphetamine at a casino in the community was sentenced today to five years and eight months in prison, to be followed by four years of supervised release, U.S. Attorney Jesse Laslovich said.
James Joseph Sangrey, 39, pleaded guilty in March to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that in August 2022, the Russell Country Drug Task Force learned that Sangrey was dealing drugs at a casino in Great Falls. Law enforcement observed Sangrey meet for a few minutes in the parking lot with occupants of vehicles and believed that he was selling drugs. On Aug. 31, 2022, after a suspected drug deal, state probation officers arrested Sangrey as he tried to run out the back door of the casino. Officers served a state search warrant on Sangrey’s car and seized a backpack that contained baggies, a blow torch, a mirror with white residue and a scale. In the car, officers found two plastic baggies containing meth.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case. The Russell Country Drug Task Force, Great Falls Police Department, Homeland Security Investigations and Montana Probation and Parole conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Great Falls bookkeeper admits defrauding two businessesRead the Press Release
GREAT FALLS — A Great Falls woman who worked as a bookkeeper admitted today to defrauding two businesses in a scheme to pay personal bills, U.S. Attorney Jesse Laslovich said.
Tara Durnell, 63, pleaded guilty to wire fraud and to mail fraud. Durnell faces a maximum of 20 years imprisonment, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Dec. 6. Durnell was released pending further proceedings.
In court documents, the government alleged that between 1997 and 2019, Durnell worked as a bookkeeper for Kronebusch Electric, Inc., (KEI) a small company in Conrad. Durnell used her access to pre-signed company checks to make payments to cover personal expenses and then miscoded the payments in the accounting system to make them look like legitimate business expenses. As part of the scheme, Durnell used a pre-signed KEI check to make an unauthorized payment of $5,175 to the TNT Tavern for a personal debt. KEI eventually discovered the embezzlement when it sought to sell the company, and due diligence uncovered several hundred thousand dollars in miscoded transactions. Durnell left employment with KEI and found a job as a bookkeeper with Mitchell’s Crash Repair in Great Falls. In January 2022, Durnell used her access to the business’s pre-signed checks and mailed an unauthorized payment of $3,564 to the Pondera County Treasurer to cover a personal debt.
Assistant U.S. Attorney Jeffrey K. Starnes is prosecuting the case. The FBI, Montana Division of Criminal Investigation and Great Falls Police Department conducted the investigation.
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Four Indicted in Connection with Fatal Robbery of St. Louis Restaurant OwnerRead the Press Release
ST. LOUIS – Four people were indicted Wednesday in connection with the fatal robbery of a St. Louis, Missouri restaurant owner in May.
Ronnie Adam Foster, 23, of St. Louis, Mekayla Johann, 20, Larob Harris, 24, and Shonyea Jones, 24, were each indicted in U.S. District Court in St. Louis on four felonies: conspiracy to commit robbery, robbery, discharge of a firearm and discharge of a firearm resulting in death.
Jones is scheduled to appear in court Thursday. Foster is in jail facing unrelated pending charges. On July 3, Harris and Johann pleaded not guilty to charges filed in a June 30 criminal complaint.
The indictment says the robbery occurred on May 30 at the St. Louis Kitchen, 819 Kingshighway Boulevard. During the robbery, a gun was discharged, causing the death of “F.P.,” the indictment says.
The criminal complaint against Harris and Johann, an employee of the restaurant, says the restaurant owner was fatally shot and another employee was shot in the leg but survived. Both had just left the restaurant after locking up for the night. After the shooting, someone took a backpack containing cash proceeds from the restaurant, the complaint says.
The complaint says a June 30 search recovered a Glock 23 pistol used in the robbery and an Anderson Manufacturing AM-15 firearm “consistent with” the murder weapon.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The robbery conspiracy and robbery charges are punishable by up to 20 years in prison. The discharge of a firearm charge carries a penalty of up to 10 years in prison. The discharge of a firearm resulting in death charge carries a penalty of life in prison or the death sentence.
The case was investigated by the St. Louis Metropolitan Police Department and the FBI. Assistant U.S. Attorney Ashley Walker is prosecuting the case.
Former Social Security Administration Employee Sentenced to Federal PrisonRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announced Justin Skiff, age 36, of Castle Pines, was sentenced to six months in prison for wire fraud, social security fraud, and money laundering.
According to the plea agreement, beginning around August 2019 and continuing through September 2021, Skiff used his position as a claims specialist with the Social Security Administration (SSA) to fraudulently obtain money from the SSA. Skiff used his knowledge and access to establish Social Security Numbers for ten fictitious children. He then established fictitious records of entitlements for surviving child benefits which he connected to the record of a real deceased individual. These benefits were deposited into a bank account accessible to Skiff through debit cards he directed to be mailed to a P.O. Box to which he had access. Skiff withdrew money and made purchases from this account from October 2019 through September 2021 for a total amount of $324,201.44.
“Mr. Skiff blatantly violated the public’s trust, abusing his position within the SSA by stealing $324,201 in benefits,” said Christian Assad, Special Agent in Charge, Denver Field Division, of the Social Security Administration Office of the Inspector General. “We take every violation of the public trust very seriously, and we will continue to work with SSA to identify and root out suspected employee fraud. I want to thank Sonia J. Dave, Special Assistant United States Attorney for the District of Colorado, and our counterparts at the IRS for its support of this investigation.”
“Maintaining the public’s trust in government institutions is vital to our democracy,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “When government employees abuse their position of trust to enrich themselves, IRS-CI will partner with other agencies to ensure these criminals are held accountable for their actions.”
“Federal employees owe a special duty to the taxpayers we serve,” said United States Attorney Cole Finegan. “Instead of serving, this defendant stole money, and our trust. We commend our law enforcement partners for pursuing justice in this matter.”
Judge Daniel D. Domenico presided over the sentencing on July 13, 2023.
This case was investigated by the Social Security Administration Office of Inspector General and Internal Revenue Service Criminal Investigation (IRS-CI). This prosecution is being handled by Special Assistant U.S. Attorney Sonia J. Dave.
CASE NUMBER: 22-cr-00360
Former LeFlore County Undersheriff Sentenced for Using Excessive Force and Violating Civil RightsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kendall Bryan Morgan, age 45, of Shady Point, Oklahoma, was sentenced today to 22 months imprisonment and 36 months of supervised release for violating the civil rights of a handcuffed detainee without legal justification.
The charge arose from an investigation by the Federal Bureau of Investigation.
On November 8, 2022, Morgan pleaded guilty to one count of Deprivation of Rights Under Color of Law. At the plea hearing, Morgan, the former Undersheriff in the LeFlore County Sheriff’s Department, admitted that on January 25, 2017, he repeatedly struck a person under arrest and in handcuffs, causing the victim bodily injury. At the time of the assault, the individual was not resisting arrest and posed no threat to officers or the public. Morgan’s excessive force furthered no legitimate law enforcement purpose and violated the victim’s constitutional right to be free from unreasonable force by law enforcement.
“The reputation of the entire law enforcement profession is tarnished when an officer betrays the oath to protect and serve,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The sentencing of Mr. Morgan sends a clear message that the FBI will not tolerate anyone who dishonors the badge by using excessive force.”
“Law enforcement officers are bound by oath to serve and protect all citizens equally—this requires consistency, compassion, and respect for the dignity of all,” said U.S. Attorney Christopher J. Wilson. “The defendant violated that oath, and justice demands he pay the price for blatantly disregarding the law and the civil rights of others.”
The Honorable Ronald A. White, Chief Judge for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Morgan will remain in the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Jordan Howanitz represented the United States at the sentencing hearing.
Former Keene Woman Indicted for Embezzling over a Half Million DollarsRead the Press Release
CONCORD – A former Keene woman was indicted in connection with stealing more than $500,000 from her employer between 2015 and 2021, U.S. Attorney Jane E. Young announces.
Stephanie Pratt, 38, was indicted on six counts of wire fraud. Pratt will appear before Magistrate Judge Andrea K. Johnstone for an initial appearance in federal court today at 2:00pm.
According to the charging documents, Pratt was the office administrator for a company based in Hinsdale, New Hampshire. She had full access to the company’s finances, including its bank accounts and credit cards. Over the course of six-and-a-half years, Pratt stole more than $500,000 from the company. She cashed unauthorized checks to herself and entered them as payments to legitimate vendors in the company’s accounting system. Pratt also used the company’s credit cards to make unauthorized personal purchases, including for items like plane tickets, a smart TV, a hot tub, Patriots tickets, and miscellaneous herbs and spices.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Federal Bureau of Investigation led the investigation. Assistant U.S. Attorney Alexander S. Chen is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Former Birmingham Art Dealer Pleads Guilty to $1.5 Million Fraud SchemeRead the Press Release
DETROIT - A former Birmingham, Michigan art dealer pleaded guilty to defrauding more than 10 customers who had entrusted her with the sale of their art of over $1.5 million, United States Attorney Dawn N. Ison announced today.
Joining in the announcement was Devin J. Kowalski, Acting Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Scott Grewe, Chief of the Birmingham Police Department.
Wendy Halstead Beard, 58, pleaded guilty to one count of wire fraud before United States District Judge Judith E. Levy. The crime arose from a multi-year scheme in which Beard received fine art photography prints on consignment, sold the artwork without the knowledge of the owners, kept the profits for her own personal gain, and continually deceived the owners about the status of their photographs.
According to the plea agreement, beginning in approximately March 2019 and continuing through October 2022, Beard executed a scheme to defraud a number of her customers. The purpose of the scheme was for Beard to embezzle the proceeds from the sale of multiple fine art photographs that had been provided to her by her customers on a consignment basis.
Throughout the scheme, Beard attempted to lull her victims into a false sense of security by offering excuses for her unwillingness or inability to promptly return the victims’ photographs after the expiration of the operative consignment agreements. These excuses consisted of, among other things, exaggerating the severity of her own health problems, including claiming (1) to have recently been in a coma and (2) to have received a double-lung transplant. In other instances, Beard told her victims that there was a lack of interest among potential purchasers—despite having already sold the photographs in question. Beard also created fake “employee” identities which she used to correspond with her victims in a further effort to deceive them.
In the plea agreement, Beard acknowledged defrauding more than ten victims over the course of her scheme. She further admitted that at least one victim was vulnerable due to the victim’s advanced age. According to court records, the government asserts that the losses associated with the scheme are at least $1.5 million.
Sentencing is set for December 12, 2023 before Judge Levy.
“This defendant swindled numerous families out of valuable artwork and lied to them repeatedly in order to keep her fraud scheme afloat,” said U.S. Attorney Ison. “She did this for no reason other than to line her own pockets at the expense of her victims. There is no place for this kind of criminal deceit in our community, and today’s conviction holds this defendant accountable for her conduct.”
“With today’s plea, Ms. Beard has taken a first step towards accepting responsibility for her criminal behavior,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “The FBI remains committed to investigating art fraud and to seeking justice for those affected by this type of scheme.”
The case is being prosecuted by Assistant United States Attorneys Ryan A. Particka and Adriana Dydell. The investigation is being conducted by the Federal Bureau of Investigation and the Birmingham Police Department
Florida Man Sentenced to More Than Three Years in Federal Prison for His Role in a Scheme to Scam Elderly Victims Out of More Than $1.5 MillionRead the Press Release
Baltimore, Maryland – U..S. District Judge Richard D. Bennett sentenced McArnold Charlemagne, age 35, of Miramar, Florida, yesterday to 41 months in federal prison, followed by one year of supervised release, for a federal mail fraud conspiracy charge, in connection with a scheme in which he defrauded more than 65 elderly victims of more than $1.5 million. Judge Bennett also ordered Charlemagne to pay restitution of $1,866,745.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
“Targeting senior citizens for abuse will bring the full weight of the U.S. Attorney’s Office,” said Unites States Attorney Erek L. Barron. “If you or someone you know is a victim of financial fraud, please help us bring justice by contacting the Elder Fraud Hotline at 833-FRAUD-11 (833-372-8311).”
“Elderly Americans deserve to live their golden years enjoying their hard-earned savings, not being victimized by fraudsters like Charlemagne,” said Special Agent in Charge Thomas J. Sobocinski of the FBI's Baltimore field office. “The FBI will do all it can to make seniors aware of these threats and hold those preying on our seniors accountable.”
According to Charlemagne’s plea agreement, from about January 2018 through at least December 2019, he was part of a conspiracy to defraud elderly victims by persuading them to send thousands of dollars in cash to members of the conspiracy by falsely stating that the money would be used to help the victims’ relatives pay legal or other expenses in connection with crimes and other incidents that had not occurred or that the money would be sent to particular individuals at their addresses, rather than to members of the conspiracy falsely claiming to reside at those addresses. Charlemagne’s co-conspirators telephoned elderly victims throughout the United States, posing as a police officer, lawyer, or other individual, falsely telling the victim that a relative, typically the victim’s grandchild, had been incarcerated in connection with a car accident or traffic stop involving a crime, and needed money—often tens of thousands of dollars—for bail, legal fees, and other expenses.
As detailed in the plea agreement, during the telephone calls, the co-conspirators directed victims to send cash to a particular address via an overnight delivery service. The co-conspirators even posed as the victims’ relatives to further induce them to send the cash. Once the victims did send money, the co-conspirators called the victims asking for more cash, regularly obtaining tens of thousands of dollars from the retirement savings of victims. To prevent the victims from sharing the information with anyone, the co-conspirators allegedly told the victims that a “gag order” had been placed on the case requiring secrecy, or that the situation was embarrassing for the grandchild and they didn’t want anyone else to know about it.
Charlemagne admitted that, in order to conceal the crime, he and other co-conspirators identified residential locations across the country where the cash should be sent, including in Maryland, Pennsylvania, Delaware, and Florida. Charlemagne and his co-conspirators identified locations that were either vacant or for sale, so that no one would be at those locations at the time of the deliveries, then retrieved the packages of cash when they were delivered. Charlemagne and other co-conspirators recruited and instructed additional people to assist in retrieving packages of cash from specified locations.
As a result of the execution of the scheme to defraud, Charlemagne and others caused at least 85 different victims to send a total of at least $2.5 million.
On June 15, 2023, co-conspirator Eghosasere Avboraye-Igbinedion a/k/a “Ego” and “Ghost,” age 28, of Miramar, Florida, was convicted after a six-day trial conspiracy to commit mail fraud and four counts of mail fraud, in connection with the scheme. Co-conspirator Medard Ulysse, age 38, most recently of Miami, Florida, was sentenced earlier this year to nine years in federal prison, for wire fraud and conspiracy to commit mail fraud in relation to multiple fraud schemes, including the elder fraud “grandparent” scam.
Reporting from consumers about fraud and fraud attempts is critical to law enforcement efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps, including identifying appropriate reporting agencies, providing information to callers to assist them in reporting or connecting them with agencies, and providing resources and referrals on a case-by-case basis. The hotline is staffed from 10:00 a.m. to 6:00 p.m. Monday through Friday. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov. Victims are encouraged to file a complaint online with the FBI’s Internet Crime Complaint Center at this website or by calling 1-800-225-5324.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Christine Goo, who are prosecuting the case.
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Fentanyl Traffickers in East Idaho Sentenced to Federal PrisonRead the Press Release
POCATELLO – U.S. Attorney for the District of Idaho Josh Hurwit announced the result of two separate fentanyl trafficking cases in Eastern Idaho today. An Arizona man was sentenced to nine years in federal prison for conspiracy to distribute fentanyl. Additionally, a Pocatello man was sentenced to three years in federal prison for assisting in the distribution of methamphetamine and fentanyl.
On July 11, 2023, Senior U.S. District Judge B. Lynn Winmill sentenced Marco Antonio Osuna, 28, of Tuscon, Arizona, to nine years in in federal prison with five years of supervised release to follow. According to court records, Osuna was initially arrested on August 7, 2022, after officers with the Pocatello Police Department contacted Osuna and found nearly 6,000 pills containing fentanyl in his possession, as well as two firearms. Osuna was also linked to a canister containing 3,000 fentanyl pills that was found on the popular Lower City Creek Trail recreation area. Osuna pleaded guilty to the charge on January 19, 2023.
In a separate case, Derek Ross, 41, of Pocatello, was initially arrested on March 20, 2022, after detectives with the Pocatello Police Department, along with other members of the BADGES Task Force, initiated a traffic stop on a vehicle in which Ross was a passenger. Levi McGraw, 32, of American Falls, was the driver. Task force officers executed a search warrant on the vehicle and located three pounds of methamphetamine, 4,000 fentanyl pills, and two firearms.
On July 11, 2023, Judge Winmill sentenced Ross to three years in federal prison with five years of supervised release to follow for his role in assisting in the offense. Ross pleaded guilty to the charge on April 10, 2023. On May 22, 2023, McGraw was sentenced by Judge Winmill to ten years in federal prison with five years of supervised release to follow. McGraw pleaded guilty to the charge on January 9, 2023.
U.S. Attorney Hurwit commended the cooperative efforts of the Pocatello Police Department and Idaho State Police, both of whom are members of the BADGES Task Force, which led to the charges.
The BADGES Task Force is a multi-jurisdictional narcotics task force that identifies, disrupts, and dismantles local, multi-state, and international drug trafficking organizations using intelligence-driven, multi-agency prosecutor-supported approach. BADGES Task Force is supported by the Oregon-Idaho High-Intensity Drug Trafficking Area (HIDTA) which is composed of members from the Idaho State Police, Pocatello Police Department, Bannock County Sheriff’s Department, Chubbuck Police Department, and the Drug Enforcement Administration.
These cases were handled by the U.S. Attorney Office’s specially deputized Special Assistant U.S. Attorney (SAUSA), funded by the Eastern Idaho Partnership (EIP) and the State of Idaho. The EIP is a coalition of local city and county officials in eastern Idaho as well as the Idaho Department of Correction.
The EIP SAUSA program allows law enforcement to utilize the federal criminal justice system – through the EIP SAUSA – to prosecute, convict, and sentence violent, armed criminals and drug traffickers. These criminals often receive stiffer penalties than they might in state courts.
This program was created in January 2016. Since that time, approximately 200 defendants have been indicted by the EIP SAUSA. Of these defendants, 146 have been indicted on drug trafficking charges. The defendants indicted under the program have been sentenced to 10,109 months (approximately 842.41 years) in federal prison, representing an average prison sentence of 56 months (4.66 years). Defendants indicted for drug trafficking offenses serve, on average, approximately 62 months (5.16 years) in federal prison.
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Federal Jury Convicts Huntington Man of Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – After two days of trial, a federal jury convicted Thomas Ray III, 54, of Huntington, of being a felon in possession of a firearm.
Evidence at trial showed that on October 23, 2020, Ray possessed a firearm that he discharged at law enforcement officers after they responded to a domestic disturbance call in the area of 17th Street and Artisan Avenue in Huntington.
The first officer to respond to the call encountered a woman who advised the officer that she and her daughter had been in an altercation with a man who had approached them on the sidewalk. The woman said the man pulled out a firearm, pointed it at her and threatened to use it on her. The woman said the man then fired two rounds in the air and fled south on 17th Street.
Officers observed and then encountered Ray, who matched the description provided by the woman, in an alley between 10th and 11th Avenues. Ray pointed a firearm at the officers and fired one shot. Ray continued to flee and fired several more shots at officers before they returned fire and he fell to the ground. Ray was still holding the firearm while on the ground and resisted being placed into custody. Officers recovered the firearm, a loaded Smith & Wesson Model M&P Shield .40-caliber pistol, after Ray threw it away from his body. Officers also found a Harrington and Richardson revolver in Ray’s back right pants pocket.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Ray knew he was prohibited from possessing a firearm because of his prior felony convictions for Forcible Detention/Armed and Give False Bomb/Gas Alarm in Will County, Illinois, Circuit Court on February 28, 2012, and for possession of a firearm by a convicted felon in United States District Court for the Southern District of West Virginia on December 9, 2013.
Ray is scheduled to be sentenced on October 23, 2023, and faces a maximum penalty of 10 years in prison.
“My office is working in partnership with local, state and federal law enforcement to reduce violent crime and hold dangerous offenders accountable,” said United States Attorney Will Thompson. “I commend the work of the Huntington Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor, and the entire trial team for securing this guilty verdict.”
United States District Judge Robert C. Chambers presided over the jury trial.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-57.
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Federal Grand Jury A Indictments Announced- July 2023Read the Press Release
TULSA, Okla. – United States Attorney Clint Johnson today announced the results of the June 2023 Federal Grand Jury A.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jeffrey Wade Anderson Jr. First Degree Murder in Indian Country. Jeffrey Wade Anderson Jr., 34, is charged with murder after he turned himself in for allegedly stabbing the victim, on or about June 27, 2023, in the 4100 block of Riverside Dr. The Tulsa Police Department and FBI are the investigating agencies. Assistant U.S. Attorney Scott Dunn is prosecuting the case. 23-CR-224
Byron Cordell Thomas. Sex Trafficking by Force, Fraud, and Coercion; Transporting an Individual for Prostitution; Coercion and Enticement to Engage in Prostitution; Tampering by Corrupt Persuasion; and Felon in Possession of a Firearm. Byron Cordell Thomas, 36, is charged with four counts of transporting an individual for prostitution and three counts of sex trafficking by force, fraud, and coercion. He is further charged with two counts each of coercion and enticement to engage in prostitution, and tampering by corrupt persuasion, with an additional charge for being a felon in possession of a firearm. Thomas allegedly engaged in activities to recruit, entice, control and transport women for the purpose of prostitution for his financial benefit. Homeland Security Investigations is the investigating Agency. Assistant U.S. Attorney Kenneth Elmore is prosecuting the case. 23-CR-041
Cesar David Lopez; Juan Antonio Duran; Jose Nicolas Flores. Firearms Trafficking; False Statement to a Firearms Dealer; Straw Purchasing a Firearm; Smuggling Firearms from the United States; and Smuggling Goods from the United States. Cesar David Lopez, 27, Juan Antonio Duran, 27, and Jose Nicolas Flores, 30, are charged with firearms trafficking, making a false statement to a firearms dealer, straw purchasing a firearm, smuggling firearms from the United States and smuggling goods from the United States for allegedly purchasing and trafficking multiple .50 caliber rifles and rifle magazines for the Sinaloa Cartel. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency. Assistant U.S. Attorneys John Brasher and Kenneth Elmore are prosecuting the case. 23-CR-196
Jacob Alan Gonzales. First Degree Burglary in Indian Country. Jacob Alan Gonzales, 26, a Cherokee citizen, is charged with first degree burglary in Indian Country after allegedly breaking and entering through a window of an occupied dwelling. The Tulsa Police Department and the FBI are the investigating agencies. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 23-CR-227
Torrance Lamont Williams. Felon in Possession of a Firearm and Ammunition; Possession of an Unregistered Rifle Having a Barrel of Less Than 16 Inches in Length. Torrance Lamont Williams, 29, is charged as a felon in possession of a firearm and ammunition, and possession of an unregistered rifle. A search warrant executed at the residence of Williams revealed a multi-caliber short-barrel rifle, ammunition and two loaded magazines. The Tulsa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigating agencies. Assistant U.S. Attorney Niko Boulieris is prosecuting the case. 23-CR-230
Efrain Dominguez-Romero. Unlawful Reentry of a Removed Alien; Alien Unlawfully in the United States in Possession of a Firearm; Fraud and Misuse of Visas, Permits, and Other Documents. Efrain Dominguez-Romero, 55, a Mexican national, is charged with unlawfully reentering the United States after having been removed on or about Dec. 18, 2008, at or near Del Rio, Texas. He is further charged as an alien unlawfully in the United States in possession of a firearm, and fraud and misuse of visas, permits and other documents. At the time of his arrest his was in possession of a firearm, and a fraudulent permanent residence card depicting a false identity. Delaware County Sheriff’s Office and the Immigration and Customs Enforcement’s Enforcement and Removal Operations are the investigative agencies. Assistant U.S. Attorney Cheryl L. Baber is prosecuting the case. 23-CR-226
Jerry Dee Keys Jr.; Cristi Lea Keys. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Maintaining a Drug-Involved Premises; and Drug Conspiracy. Jerry Dee Keys Jr., a 60-year-old Cherokee citizen, and Cristi Lea Keys, 59, are both charged as a felon in possession of a firearm and ammunition. They are further charged with possession of meth with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; maintaining a drug-involved premises; and drug conspiracy. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigating agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 23-CR-228
Lonnie Ray Stark. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine with Intent to Distribute; Carrying and Using a Firearm During and in Relation to a Drug Trafficking Crime. Lonnie Ray Stark, 54, is charged with two counts as a felon in possession of a firearm and ammunition. He is further charged with possession of meth with intent to distribute; and carrying a firearm during and in relation to a drug trafficking crime. The Tulsa Police Department, Oklahoma Highway Patrol, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigating agencies. Assistant U.S. Attorney Shakema Onias is prosecuting the case. 23-CR-237
Luis Ortiz-Rodriguez. Unlawful Reentry of a Removed Alien; Possession of a Firearm and Ammunition by an Alien Illegally in the United States. Luis Ortiz-Rodriguez, 35, a Mexican national, is charged with unlawfully reentering the United States after having been deported on or about Sept. 17, 2012. He was found in the United States after being arrested by Muscogee Creek Nation Lighthorse Police Department on unrelated charges. He is further charged with possession of a firearm and ammunition by an alien illegally in the United States. The U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations are the investigating agency. Assistant U.S. Attorney John Brasher is prosecuting the case. 23-CR-198
Joel Palacios-Castorena. Unlawful Reentry of a Removed Alien. Joel Palacios-Castorena, 39, a Mexican national, is charged with unlawfully reentering the United States. He was found in the United States after being arrested by Rogers County Sheriff’s Office on unrelated charges. He had been previously deported and removed on or about June 22, 2019, at or near Nogales, Arizona. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney John Brasher is prosecuting the case. 23-CR-229
Bernardo Alberto Diaz-Perez. Unlawful Reentry of a Removed Alien. Bernardo Alberto Diaz-Perez, 36, a Mexican national, is charged with unlawfully reentering the United States after being arrested by the Sand Springs Police Department on unrelated charges. He had been previously removed on or about March 17, 2010, at or near Nogales, Arizona. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Robert Raley is prosecuting the case. 23-CR-225
District Men Indicted on Murder and Other Charges in the June 2020 Murder of Aspiring Rap ArtistRead the Press Release
Defendants Accused of Daylight Shooting in the Congress Park Area
WASHINGTON – Johnny Wilkins, 34, of Temple Hills, Maryland, Marcel Gavin, 31, Kharee Jackson, 30, Earl Robinson, 31, and Darryl Little, 29, all of Washington D.C. are named in a 20 count indictment charging them with conspiracy, three counts of first degree murder while armed – felony murder, one count of premeditated first degree murder while armed, one count of assault with intent to kill while armed, three counts of robbery while armed, one count of assault with significant bodily injury while armed, one count of possession of a firearm with a prior conviction (Wilkins), and nine counts of possession of a firearm during a crime of violence. The defendants were arraigned on July 10, 2023, before D.C. Superior Court Judge Michael O’Keefe.
The indictment was announced by U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict of the Metropolitan Police Department.
According to the indictment, on June 13, 2020, decedent Albert Smith, who was an up-and-coming rap artist from the Tennessee/Georgia area, travelled up to the District with seven friends to meet up with the defendants and other individuals from the Congress Park area in Southeast, Washington, DC. After settling into their hotel, the victim and his friends (the “Georgia Group”) took an Uber to Congress Park. Once there, the Georgia Group joined the defendants and other members of the Congress Park group, where they socialized and gambled tens of thousands of dollars through the night into the next morning. Around 7:15 a.m., the Georgia Group decided they were going to leave. The five defendants and seven other members of the Congress Park Group followed the Georgia Group onto 13th Place where they split up and attacked and robbed three members of the Georgia Group. Defendant Wilkins chased Smith and four other members of the Georgia Group down Congress Street while shooting at them. Smith was killed, another member of his group was also shot, and two more victims were pistol whipped and robbed by the four other defendants and other members of the Congress Park Group, robbing each of them of approximately $20,000.
The defendants are currently held without bond pending trial. A status hearing is scheduled for September 8, 2023, before Judge Michael O’Keefe.
In announcing the charges, U.S. Attorney Graves and Interim Chief Benedict commended the work of those investigating the case from the Metropolitan Police Department (MPD). They acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Metropolitan Homicide Detective Jeffrey Clay; Victim/Witness Advocate Jennifer Clark; Paralegal Specialists Kelly Blakeney and Lauren Douglas. Finally, they commended the work of Assistant U.S. Attorneys Marybeth Manfreda and Miles Janssen, who are investigating and prosecuting the case.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
District Man Indicted for Assaulting Senior Citizen with Intent to Kill Him While Armed and Other ChargesRead the Press Release
WASHINGTON – Herbert Young, 40, of Washington, D.C., was indicted for assaulting a senior citizen with the intent to kill him while armed with a knife and related charges stemming from a stabbing that occurred on February 4, 2023. The charges were announced by U.S. Attorney Matthew M. Graves and Chief Ashan M. Benedict, of the Metropolitan Police Department.
Young was indicted by a grand jury in the Superior Court of the District of Columbia on charges of assault with intent to kill of a senior citizen while armed, aggravated assault of a senior citizen while armed, assault of a senior citizen with a dangerous weapon, and carrying a dangerous weapon.
According to the government’s evidence, Young’s 74-year-old victim lived in the apartment above him. On February 4, 2023, Young went to the victim’s apartment at approximately 1:30 p.m., and knocked. The victim opened his door, and, after a brief interaction, Young stabbed the victim nine times in the torso and neck, using a knife with an approximately eight-inch blade. Young then left the building and went to the Metropolitan Police Department’s Sixth District substation. The victim was rushed to a nearby hospital. Young brought the knife he used to stab the victim to police and reported that the victim had attacked him and that he acted in self-defense. Young had a cut on his hand. The victim received emergency life-saving medical treatment and survived. Young was arrested and has been in custody ever since.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Graves and Chief Benedict commended the work of those investigating the case from the Metropolitan Police Department (MPD). Finally, they commended the work of Assistant U.S. Attorney Alec Levy, who is investigating and prosecuting the case.
Dermatologist Agrees to Pay $6.6 Million to Settle Allegations of Fraudulent Billing PracticesRead the Press Release
KNOXVILLE, Tenn. – Dermatologist, John Y. Chung, M.D., and his practice Skin Cancer & Cosmetic Dermatology Center, P.C. (“SCCDC”), which operates 13 dermatology clinics in southeast Tennessee and north Georgia, have agreed to pay $6.6 million to resolve allegations that they violated the False Claims Act by knowingly submitting false claims to federal healthcare programs for Mohs Micrographic Surgeries and other dermatological procedures.
This settlement resolves allegations that Dr. Chung and SCCDC knowingly submitted false claims for payment to Medicare, Medicaid, and other government payors for Mohs procedures that were billed as if both the surgery and pathology portions of the procedures were performed by Dr. Chung, when in fact at least one portion was often performed by other individuals. The settlement further resolves allegations that SCCDC regularly billed Medicare for multiple procedures, performed on the same patient on the same day, in a manner that improperly circumvented Medicare’s “multiple procedure reduction rule.” The alleged misconduct occurred from 2010 through 2020.
“Government healthcare programs establish billing rules and guidelines to safeguard tax-payer funds. Billions of dollars intended to cover the costs of healthcare services are lost every year to fraud, waste, and abuse, and when providers disregard billing requirements, the financial viability of public programs and the healthcare they provide are put at risk. The U.S. Attorney’s Office will aggressively root out providers whose billing practices take advantage of public programs for their own private gain,” said U.S. Attorney Francis M. Hamilton III.
“When health care providers submit improper claims to federal health care programs, they waste valuable taxpayer dollars,” said Special Agent in Charge Tamala E. Miles of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, our agency will continue to protect federal health care programs from fraud, waste, and abuse to ensure they can be used for their intended purposes.”
“Health care fraud, a severe problem that impacts every American, costs our country billions each year, takes critical resources out of our health care system, and contributes to the rising cost of health care for everyone. The FBI, along with our federal, state, and local partners, will continue to provide resources to investigate allegations of fraud in public programs and hold violators to account,” said FBI Special Agent in Charge Joseph E. Carrico, Knoxville Field Office.
“The VA OIG is dedicated to ensuring veterans receive the quality health care they deserve, and we will continue to work to make certain that VA healthcare programs are not compromised by fraudulent billing practices,” said Special Agent in Charge Kim R. Lampkins with the Department of Veterans Affairs Office of Inspector General’s Mid-Atlantic Field Office. “The VA OIG thanks the US Attorney’s Office, and our law enforcement partners for their efforts in this investigation.”
“To protect the integrity of federal health care programs and the patients they serve, it is important that providers are compliant with billing rules and procedures,” said TVA OIG Inspector General Ben Wagner. “The TVA OIG is committed to identifying and investigating healthcare false claims that negatively impact the people of the Tennessee Valley. The TVA-OIG will continue to work tirelessly alongside our law enforcement partners to protect the reliability of federal healthcare programs, and prevent fraud, waste, and abuse. The TVA OIG would like to thank the United States Attorney’s Office Eastern District of Tennessee for diligently pursing resolution of this case and ensuring funds were properly returned to TVA.”
“Health care providers that serve our nation’s military service members, retirees and their families are expected to meet the highest standards of ethical and professional behavior,” stated Special Agent in Charge Darrin K. Jones, DoD Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office. “This settlement sends a clear signal to those who take advantage of TRICARE for personal enrichment.”
“Our Medicaid Fraud Division works each day to uphold the integrity of Georgia’s Medicaid program.,” said Georgia Attorney General Chris Carr. “This includes putting a stop to providers who submit false claims and take advantage of our publicly funded healthcare system. This type of fraud and abuse will not be tolerated as we continue our efforts to protect taxpayer dollars no matter the amount.”
As part of the settlement, Chung and SCCDC entered an Integrity Agreement (IA) with the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG), which promotes its future compliance with the statutes, regulations, program requirements, and written directives of Medicare and all other federal health care programs. The IA focuses on the practice’s continuing obligation to accurately bill and properly submit reimbursement claims to government payors.
This investigation resulted from a coordinated effort between HHS-OIG (Nashville Field Office), the Federal Bureau of Investigation (Knoxville), Tennessee Bureau of Investigation, Defense Criminal Investigative Service, Tennessee Valley Authority – OIG, U.S. Department of Veterans Affairs – OIG, the U.S. Attorneys’ Office for the Eastern District of Tennessee, the Tennessee Attorney General’s Office, and the Georgia Attorney General’s Office. The investigation was prompted by a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permits private parties to sue on behalf of the government for false claims, and to receive a share of any recovery. The qui tam case is captioned United States, State of Tennessee and State of Georgia ex rel. Chambers v. Skin Cancer and Cosmetic Dermatology Ctr. and Chung, No. 1:20-CV-177 (E.D. Tenn.). The relator’s share of the recovery will be $1.32 million.
Assistant U.S. Attorneys Jeremy Dykes and Alexa Ortiz Hadley represented the United States. Senior Assistant Attorney General Tony Hullender represented the State of Tennessee, and Assistant Attorney General Sara Vann represented the State of Georgia.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Department of Justice Announces Investigation into Conditions in Fulton County, Georgia JailRead the Press Release
ATLANTA - The U.S Attorney’s Office for the Northern District of Georgia and the Department of Justice announced that it has opened a civil investigation into the conditions in the Fulton County Jail in Georgia.
“People in prisons and jails are entitled to basic protections of their civil rights,” said Attorney General Merrick B. Garland. “We launched this investigation into the Fulton County Jail based on serious allegations of unsafe, unsanitary living conditions at the jail, excessive force and violence within the jail, discrimination against incarcerated individuals with mental health issues, and failure to provide adequate medical care to incarcerated individuals. During this comprehensive review of the conditions of confinement at the Fulton County Jail, the Justice Department will determine whether systemic violations of federal laws exist, and if so, how to correct them.”
“All Georgians deserve fairness from the institutions that serve us, including our local jails,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “The recent allegations of filthy housing teeming with insects, rampant violence resulting in death and injuries, and officers using excessive force are cause for grave concern and warrant a thorough investigation. This investigation is part of our ongoing efforts to ensure that citizens are safe, and their constitutional rights protected, even while they are in custody.”
“The unconstitutional conditions that we see too often inside jails and prisons have no place in society today,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “We are launching this investigation to determine whether Fulton County’s treatment of people in the jail complies with constitutional standards. We are committed to ensuring jail and prison facilities provide constitutional conditions, in which all people can live safely and receive medical care. Incarceration should never include exposure to unconstitutional living conditions, including the risk of serious harm from violence.”
Based on an extensive review of publicly available information and information gathered from stakeholders, the Department has found significant justification to open this investigation, including credible allegations that an incarcerated person died covered in insects and filth; that the Fulton County Jail is structurally unsafe; that prevalent violence has resulted in serious injuries and homicides; and that officers are being prosecuted for using excessive force.
The investigation thus will examine living conditions, medical and mental health care, use of excessive force, and protection from violence. The investigation will also examine whether Fulton County and the Fulton County Sheriff’s Office discriminate against persons with psychiatric disabilities inside the Jail.
The Department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Americans with Disabilities Act (ADA). Both statutes give the department the authority to investigate systemic violations of the rights of people confined to correctional facilities. The department’s work has led to important reforms to protect the rights of people in jails and prisons.
Assistant U.S. Attorney’s Aileen Bell Hughes, Tiffany Dillingham, and Rebeca Ojeda of the Northern District of Georgia are conducting this investigation jointly with the DOJ Civil Rights Division’s Special Litigation Section. Individuals with relevant information are encouraged to contact the department via phone at (404) 581-4626 or by email at usagan.civilrights@usdoj.gov.
Additional information about the DOJ Civil Rights Division’s work regarding correctional facilities is available on its website at https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Companies that employed labor whistleblower and his killers reach criminal, civil resolution with United StatesRead the Press Release
final_executed_npa_and_civil_settlement_letter_and_agreement.pdfSAVANNAH, GA: An Ohio company and its Tennessee subsidiary have agreed to pay nearly $4 million to resolve criminal and civil claims related to illegal labor practices reported by a whistleblower who was murdered for revealing the scheme.
Davey Tree Expert Company, of Ohio, and its subsidiary, Wolf Tree, Inc., entered into a non-prosecution and settlement agreement with the U.S. Attorney’s Office for the Southern District of Georgia and the U.S. Department of Homeland Security to resolve criminal and civil claims stemming from immigration and employment violations.
“Eliud Montoya attempted to expose a scheme where his employer and supervisors profited from the use of unauthorized laborers,” said U.S. Attorney Jill E. Steinberg. “His killers have been convicted and sentenced for their crimes, and this settlement holds the corporate entities financially accountable.”
The terms of the settlement with Davey Tree and Wolf Tree require a payment of $3,984,325.44 to the U.S. government to resolve all criminal and civil claims against the companies, which includes restitution to the victim’s estate for lost future income and to another employee for back wages. The settlement amount also includes forfeiture of $1,136,521.19 in payments from the companies’ contracts with Georgia Power, and a civil penalty of $1,500,000.
Pablo Rangel-Rubio and his brother, Juan Rangel-Rubio, along with Higinio Perez-Bravo, are citizens of Mexico illegally present in the United States. Pablo and Juan Rangel-Rubio were illegally employed at Wolf Tree, a company under contract to Georgia Power to trim trees along power line rights-of-way in the Savannah, Ga., area.
As determined at trial in October 2022, Pablo Rangel-Rubio, a supervisor at Wolf Tree, led a conspiracy to employ illegal aliens to work for the company, and provided those illegal aliens with assumed identities. The conspirators routed the workers’ paychecks to their own bank accounts where they skimmed a portion of the pay for themselves and paid the illegal aliens in cash to avoid detection. They also created fake employee accounts and directed that pay to themselves.
Eliud Montoya, also an employee of Wolf Tree, reported the illegal activity to the company and to the U.S. Equal Employment Opportunity Commission, and the conspirators shot and killed him near his home. The conspirators are serving federal prison sentences for their roles in Montoya’s murder
The companies allegedly conducted an audit of their employee files and determined that a percentage of their employees did not or could not provide sufficient documentation to demonstrate their authorization to be employed in the United States. The agreement resolves the government’s allegations that the companies unlawfully employed unauthorized workers and failed to verify their authorization status. The settled civil claims are allegations only and do not constitute admissions of liability by the settling parties.
“This labor exploitation scheme not only exploited our nation’s labor laws, but also led to the death of a whistleblower. Hopefully, the settlement sends a message to anyone involved in such activity that they will not go unpunished and that there is hope for anyone experiencing this horrible situation,” said Acting Special Agent in Charge Travis Pickard, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Protecting the integrity of the nation’s immigration and labor laws from those looking to circumvent them is of vital importance and HSI prioritizes this mission.”
The investigation was led by Homeland Security Investigations. The United States was represented by Southern District of Georgia Assistant U.S. Attorneys, including AUSAs Tania D. Groover and Bradford C. Patrick.
Colorado Man Sentenced for Drug TraffickingRead the Press Release
U.S. District Judge Jeffrey L. Viken has sentenced a Denver, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance (heroin). The sentencing took place on July 10, 2023.
Arthur Manning, 56, was sentenced to nine years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Manning was indicted for two counts of Conspiracy to Distribute a Controlled Substance (heroin and fentanyl) and Money Laundering by a federal grand jury in December of 2021. He pleaded guilty on March 31, 2023.
Between October of 2020 and October of 2021, Manning supplied heroin, methamphetamine, and fentanyl to people located in South Dakota. He knew that people in South Dakota were going to further distribute the substances. Overall, Manning was responsible for distributing approximately two pounds of methamphetamine, 1,000 grams of fentanyl, and three pounds of heroin. Manning received payment in cash and through online money transfer services.
This case was investigated by Unified Narcotics Enforcement Team (UNET) and the Drug Enforcement Agency. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Manning was immediately remanded to the custody of the U.S. Marshals Service.
Chicago Man Sentenced to 15 Years in Federal Prison; Investigation Shut Down Missouri-to-Chicago Gun PipelineRead the Press Release
CHICAGO — A Chicago man has been sentenced to 15 years in federal prison as part of an investigation that shut down a Missouri-to-Chicago firearms pipeline.
DERRICK CLAIBORNE, 47, trafficked fentanyl-laced heroin and illegally possessed three handguns in 2018. Law enforcement searched Claiborne’s residence on Michigan Avenue in Chicago’s South Loop neighborhood and discovered the three guns and the drugs. U.S. District Judge Robert M. Dow, Jr. imposed the sentence after a hearing July 7, 2023, in federal court in Chicago.
Claiborne was one of four defendants convicted as part of an investigation led by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The probe revealed that Claiborne purchased three additional firearms from JAMES SAUNDERS after the guns had been transported from Missouri to Saunders’s residence in Chicago’s Woodlawn neighborhood. In addition to the three guns he sold to Claiborne, Saunders also sold multiple firearms to confidential informants who were cooperating with law enforcement.
Saunders pleaded guilty to federal firearm charges and was sentenced in 2019 to five years in federal prison.
Two Missouri residents who transported firearms to Saunders in Chicago were also convicted and sentenced as part of the investigation. JUMONTA MOORE, 25, of Sikeston, Mo., and MARCUS INGRAM, 30, of Charleston, Mo., were each sentenced in 2019 to three years in federal prison.
Claiborne’s sentence and the results of the investigation were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Christopher Amon, Special Agent-in-Charge of the Chicago Field Division of ATF, and Fred Waller, Interim Superintendent of the Chicago Police Department. Substantial assistance was provided by the U.S. Drug Enforcement Administration and the IRS Criminal Investigation Division. The government was represented by Assistant U.S. Attorney Jared C. Jodrey and Special Assistant U.S. Attorney Niranjan Emani.
Disrupting illegal firearms trafficking is a centerpiece of the Chicago Firearms Trafficking Strike Force, the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago Strike Force, the U.S. Attorney’s Office collaborates with ATF and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
Holding illegal firearm possessors accountable through federal prosecution is also a centerpiece of Project Safe Neighborhoods, the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, the U.S. Attorney’s Office has deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
“Firearms traffickers enable unlawful possession of guns and the violence that may follow,” said Acting U.S. Attorney Pasqual. “We will continue to work with our law enforcement partners to investigate and hold accountable individuals or groups who traffic firearms into Chicago.”
“This case is an excellent example of how the Firearms Trafficking Strike Force, working together with the Chicago Police Department and the U.S. Attorney’s Office, stops the flow of illegal guns into our neighborhoods,” said ATF SAC Amon. “Prosecuting those responsible for trafficking these firearms makes our community safer.”
Charleston Woman Pleads Guilty to Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Keara Kilpatrick, 21, of Charleston, pleaded guilty yesterday to stealing firearms from two Kanawha County businesses.
According to court documents and statements made in court, on November 9, 2022, Kilpatrick drove a co-defendant to a business in Dunbar and stole a Diamondback Firearms DB15 5.56 caliber rifle and a Smith and Wesson M&P 15-22 .22 caliber rifle. On November 10, 2022, Kilpatrick drove her co-defendant to a Charleston business and stole a Custom Arms & Accessories LD-15 5.56 caliber rifle and a DPMS Panther Arms A-15 5.56 caliber rifle. Kilpatrick admitted to law enforcement that she stole the firearms. Three of the four stolen firearms have been recovered by law enforcement.
Kilpatrick is scheduled to be sentenced on October 4, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Department, and the Charleston Police Department.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorneys Ryan Keefe and Brian Parsons are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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-28.
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Charleston Man Sentenced to One Year in Federal Prison for Fraud Relating to Coronavirus FundsRead the Press Release
CHARLESTON, SOUTH CAROLINA — Antonio Brown-Sanders, 26, of Charleston, was sentenced to one year and a day in federal prison after pleading guilty to fraudulently applying for an Emergency Injury Disaster Loan (EIDL) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
The CARES Act is a federal law enacted in March 2020 designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the Coronavirus. Two primary sources of relief provided by the CARES Act were the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program. PPP loans consisted of more than $640 billion in forgivable loans to small businesses for payroll, mortgage interest, rent, and utilities. The EIDL program provided low-interest loans to business owners to pay for items like accounts payable and other bills that could not be paid as a result of COVID-19.
Evidence presented to the court showed that that Brown-Sanders applied to the Small Business Administration (SBA) to receive an EIDL loan that fraudulently represented he owned a lawn care business. The application submitted by Brown-Sanders also falsely represented the number of employees and gross income. Brown-Sanders received $81,600 from the SBA.
“The defendant in this case stole from American taxpayers and prevented pandemic-relief funds from reaching those who needed them most,” said U.S. Attorney Adair F. Boroughs. “The District of South Carolina is committed to pursuing and investigating those who defraud government programs. We encourage any member of the public with information about attempted fraud involving COVID-19 to report it to the Department of Justice’s National Center for Disaster Fraud Hotline.”
“The Secret Service is diligent in our investigation and pursuit of those who engage in fraudulent criminal activity. We appreciate the commitment from our law enforcement partners at the U.S. Attorney’s Office and the Office of Inspector General - Small Business Administration to see that justice is served,” said Resident Agent in Charge Ben Stafford of the Secret Service’s Charleston Resident Office. “This sentencing reflects the seriousness with which the government handles fraudulent crimes and should act as a warning to those who aspire to exploit government relief programs that are put in place to help those in need.”
“Those that use fraudulent documents to gain access to SBA programs funds will be met with justice,” said SBA OIG’s Eastern Region Special Agent in Charge Amaleka McCall-Brathwaite. “I want to thank the U.S. Department of Justice and our law enforcement partners for their dedication and pursuit of justice.”
United States District Judge Richard Gergel sentenced Brown-Sanders to 12 months and 1 day in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system. The court also ordered him to pay the restitution still due in the amount of $65,246.48.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was investigated by the United States Secret Service and the Office of Inspector General – Small Business Administration. Assistant United States Attorney Amy F. Bower prosecuted the case.