Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
7 July 2023
Omaha Man Sentenced for Distributing MethamphetamineRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Jeramie D. Watts, 35, of Omaha, Nebraska, was sentenced on July 6, 2023, in federal court in Omaha for distributing methamphetamine. United States District Judge Brian C. Buescher sentenced Watts to 12 months plus 1 day imprisonment. There is no parole in the federal system. After his release from prison, Watts will begin a 3-year term of supervised release.
On April 20, 2018, an undercover Bureau of Alcohol, Tobacco, Firearms and Explosives agent purchased 11 grams of methamphetamine from Watts for $500 in the parking lot of a West Omaha business. Watts entered the passenger side of the agent’s vehicle and produced the methamphetamine before leaving the area. A forensic lab confirmed the methamphetamine as weighing 11.7 grams with a purity of 95%.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Omaha Man Sentenced for Distributing MethamphetamineRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Eduardo Ordaz, 25, of Omaha, Nebraska, was sentenced on July 6, 2023, in federal court in Omaha for distributing 5 grams or more of actual methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Ordaz to 60 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 2-year term of supervised release.
On September 28, 2021, law enforcement utilized a cooperating witness (CW) to make a controlled buy of methamphetamine from Ordaz. The controlled buy took place in the CW's vehicle in the area of 23rd and Elm Streets in Omaha. The CW purchased 46 grams of methamphetamine with a purity of 95%, as confirmed by a forensic laboratory analysis.
This case was investigated by the Omaha Police Department.
Norfolk, Nebraska Man Sentenced in Methamphetamine ConspiracyRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Roberto Nava, 49, of Norfolk, Nebraska, was sentenced on July 6, 2023, in federal court in Omaha, Nebraska, for possession with intent to distribute methamphetamine. United States District Judge Brian C. Buescher sentenced Nava to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, Nava will begin a five-year term of supervised release. He will also forfeit $42,000 in drug proceeds to the United States.
In August 2021, Drug Enforcement Administration agents became aware that a person by the name of Roberto Nava was distributing pound quantities of methamphetamine in the Norfolk area. Utilizing a confidential source, agents made arrangements to purchase methamphetamine on two occasions. On each buy, Nava arrived and delivered methamphetamine. On August 24, 2021, Nava delivered one pound of methamphetamine and on September 23, 2021, he delivered two pounds of methamphetamine
Following the controlled buy on September 23, 2021, agents then executed a search warrant on Nava’s residence. As a result, agents recovered an additional half pound of methamphetamine and $42,000 in drug proceeds. A forensic laboratory analysis confirmed the methamphetamine as 95% pure.
This case was investigated by the Drug Enforcement Administration.
New York Man Sentenced to 17 and a Half Years in Prison for Sexual Exploitation of Children and Distribution of Child PornographyRead the Press Release
WASHINGTON – Vincent Galarza, 32, of Glendale, New York, was sentenced today to 17 and a half years – or 210 months – in prison for his involvement and participation in the world’s formerly largest darknet child pornography website, Welcome To Video.
Galarza pleaded guilty on Jan. 17, 2023, to sexual exploitation of children and conspiracy to distribute child pornography.
Galarza is one of eight prolific users of the website Welcome to Video, charged in the District of Columbia for their participation in a massive darknet advertisement and distribution of child pornography. Welcome To Video operated as a hidden service on the Tor network until March 2018, when it was seized by law enforcement authorities. As of October 2019, when the Department initially announced its indictment of Welcome to Video site administrator Jong Woo Son (a South Korean national, subsequently convicted in South Korea), an additional 337 site users worldwide had been arrested and charged.
Additional defendants charged and convicted in the District of Columbia include Nicholas Stengel, 47, of Washington, D.C.; Charles Wunderlich, 36, of Hot Springs, California; Ernest Wagner, 72, of Federal Way, Washington; Darryl Miller, 36, of Shawnee, Kansas; Jason DeJournett, 47, of Seal Beach, California; Brian LaPrath, 36, of San Diego, California; and Michael Ezeagbor, 24, of Pflugerville, Texas.
According to court documents, users of the website created registered accounts with usernames and a password. Only after the user registered an account could the user browse previews of videos available for download and post text to the website. To download videos from the site, users needed “points,” which were allocated to users by the website. A registered user could earn points from the website in several ways, including uploading videos depicting child pornography, referring new users to the website, and paying for a “VIP” account with Bitcoin.
Court documents show that certain persons joined the conspiracy to distribute child pornography by uploading videos. Those co-conspirators who uploaded videos of child pornography for “points” also earned additional “points” each time a customer of the site downloaded that particular video. Court documents state that the co-conspirators had a shared goal as part of the conspiracy – increasing the number of unique videos on the website to drive additional traffic to it, which in turn led to greater downloads and more points for the co-conspirators.
The following is a summary of the conduct of each defendant charged in the District of Columbia.
Vincent Galarza
Between approximately May 31, 2017, and February 9, 2018, Galarza downloaded at least 174 videos from the website and uploaded approximately 560 videos, all of which depicted child pornography. A subsequent forensic search of Galarza’s electronic devices revealed that he was in possession of an additional 500 images and 102 videos of child pornography, the majority of which depicted sexually explicit conduct of pre-pubescent children.
During the search of the electronic devices, court documents say that authorities identified two minor victims that had been secretly recorded by Galarza. Galarza captured at least 20 videos of one of the minor victims that he then edited and clipped to produce over 966 still-shot images that focused on the same minor’s genitalia and pubic area.
Investigators also determined that Galarza had used images produced of one of the minor victims in an attempt to extort the victim into sending him additional images.
Nicholas Stengel
Stengel was sentenced to 180 months in prison and a lifetime of supervised release after he pleaded guilty to receipt of child pornography and laundering of monetary instruments. Stengel had a previous conviction for possession of child pornography. Stengel had amassed an extensive collection of child pornography from the website, with over 6,000 videos and 600,000 images.
Charles Wunderlich
Wunderlich was sentenced to 87 months in prison and 15 years of supervised release on June 28, 2022, after he pleaded guilty to one count of conspiracy to distribute child pornography. Wunderlich uploaded 13 videos and downloaded four videos of child pornography from the website.
Ernest Wagner
Wagner was sentenced to 60 months in prison and a lifetime of supervised release on June 4, 2021, after he pleaded guilty to one count of conspiracy to distribute child pornography. Wagner uploaded 84 videos and downloaded 40 videos depicting child pornography from the website. A forensic review of his electronic devices identified an additional 92 images and 22 videos depicting child pornography in his possession.
Darryl Miller
Miller was sentenced to 60 months in prison and five years of supervised release in the District of Kansas on Sept. 22, 2020, after he pleaded guilty to access with intent to view child pornography. Miller downloaded approximately 20 gigabytes of data from the website and had approximately 57 child pornography images on his devices.
Jason DeJournett
DeJournett was sentenced to 33 months in prison and a lifetime of supervised release on July 30, 2021, after he pleaded guilty to access with intent to view child pornography. DeJournett downloaded 113 videos of child pornography from the website.
Brian LaPrath
LaPrath was sentenced to 18 months in prison on June 19, 2019, after he pleaded guilty to laundering monetary instruments. LaPrath exchanged funds to obtain Bitcoin and used that Bitcoin to download child pornography from the website
Michael Ezeagbor
Ezeagbor was sentenced to time served and five years of supervised release on June 25, 2021, in the Western District of Texas after he pleaded guilty to one count of conspiracy to distribute child pornography. Ezeagbor uploaded ten videos and downloaded 42 videos depicting child pornography from the website. A subsequent forensic review of his electronic devices identified an additional 190 images and 14 videos depicting child pornography in his possession.
Additional investigations into those affiliated with Welcome To Video remain ongoing.
These cases were investigated by IRS Criminal Investigation (IRS-CI) and U.S. Immigration and Customs Enforcement (ICE)’s Homeland Security Investigations (HSI). The Korean National Police of the Republic of Korea, the National Crime Agency (NCA) of the United Kingdom and the German Federal Criminal Police (the Bundeskriminalamt), provided assistance and coordinated with their parallel investigations. The Department of Justice’s Office of International Affairs of the Criminal Division provided significant assistance.
These cases were prosecuted by Assistant U.S. Attorney (AUSA) Lindsay Suttenberg, former AUSA Zia M. Faruqui, and former AUSA Youli Lee, Paralegal Specialists Brian Rickers and Diane Brashears, Legal Assistant Jessica McCormick, and Records Examiner Chad Byron of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section.
Additional assistance has been provided by Deputy Chief Keith Becker and Trial Attorney James E. Burke IV of the Criminal Division’s Child Exploitation and Obscenity Section, and former U.S. Attorney’s Office Paralegal Specialists Toni Anne Donato and Ty Eaton.
New York Man Indicted for Human SmugglingRead the Press Release
CONCORD – A Brooklyn, New York man was indicted in connection with smuggling unauthorized immigrants across the Canadian border, U.S. Attorney Jane E. Young announces.
Abraham Hernandez, 27, was indicted on three counts of bringing in and harboring certain aliens. Hernandez will appear in federal court in Concord at a later date.
According to the charging documents, on June 13, 2023, the Royal Canadian Mounted Police advised the U.S. Border Patrol that individuals with backpacks were walking southbound from Canada toward Halls Stream Road in Pittsburg, New Hampshire. Hernandez was later stopped by law enforcement in Pittsburg, New Hampshire while transporting nine unauthorized immigrants in a white Honda SUV.
The charge of bringing in and harboring certain aliens provides for a sentence of up to five years in prison, up to 3 years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Border Patrol led the investigation. Assistant U.S. Attorney Geoffrey Ward is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
###
New Orleans Man Pleads Guilty to Federal Firearms OffenseRead the Press Release
NEW ORLEANS, LOUISIANA – On July 6, 2023, TERRANCE RICHARDS, age 38, of New Orleans, pleaded guilty to possessing ammunition while being a convicted felon, announced U.S. Attorney Duane A. Evans.
According to court documents, on August 22, 2020, New Orleans Police Department (NOPD) officers were sent to the intersection of General Ogden and Olive Streets in New Orleans following a report of shots being fired. Through further investigation, NOPD and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) identified RICHARDS as one of the shooters. RICHARDS’s prior felony convictions for attempted distribution of cocaine (2010), possession of cocaine (2010), felon in possession of a firearm (2011), and distribution of cocaine (2012), prohibits his possession of a firearm.
RICHARDS faces a maximum term of imprisonment of ten (10) years, a fine of up to $250,000.00, and up to three (3) years of supervised release following any term of imprisonment. He also faces payment of a $100 mandatory special assessment fee. RICHARDS will be sentenced on October 26, 2023.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. This case is being prosecuted by Assistant U.S. Attorney Mike Trummel of the Violent Crime Unit.
New Orleans Man Pleads Guilty for Distribution of Methamphetamine and Maintaining a Drug PremisesRead the Press Release
NEW ORLEANS, LOUISIANA – On July 7, 2023, RYAN NEGROTTO, age 43 of New Orleans, pled guilty in federal court to all counts with which he was charged in a superseding indictment, announced U.S. Attorney Duane A. Evans.
Count 1 charged NEGROTTO with conspiracy to distribute methamphetamine, in violation of 21 U.S.C §§ 841(a)(1), 841(b)(1)(A), and 846.
Count 2 charged NEGROTTO with distribution and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 18 U.S.C § 2. Count 3 charged NEGROTTO with distribution and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C § 2. Count 4 charged NEGROTTO with distribution of methamphetamine, in violation of 21 U.S.C §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C § 2.
Count 5 and Count 7 charged NEGROTTO with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C § 924(c)(1)(A)(i).
Count 6 charged NEGROTTO with possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B).
Finally, Count 8 charged NEGROTTO with using or maintaining a drug premises in violation of 21 U.S.C § 856(a)(1) and 18 U.S.C § 2.
As to Counts 1, 3, 4, and 6, NEGROTTO faces a minimum imprisonment term of 10 years up to a maximum term of life, a fine of up to $10 million, and at least 5 years of supervised release.
As to Count 2, NEGROTTO faces a minimum imprisonment term of 5 years, up to a maximum of 40 years, a fine of up to $5 million, and at least 4 years of supervised release.
As to Counts 5 and 7, NEGROTTO faces a minimum, term of imprisonment of 5 years, up to a maximum term of life, a fine up to $250,000, and up to 5 years of supervised release.
Finally, as to Count 8, NEGROTTO faces a maximum term of imprisonment of 20 years, a fine up to $500,000, and up to 3 years of supervised release.
As to each charged count, NEGROTTO faces payment of a mandatory special assessment fee of $100.00.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the New Orleans Police Department, and the Louisiana State Police. Assistant United States Attorney Mike Trummel of the Violent Crime Unit is handling the prosecution.
Nebraska Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Luis Lazo-Escobar, 32, of Nebraska, was sentenced on July 6, 2023, in federal court in Omaha, Nebraska, for being a felon in possession of a firearm and ammunition. United States District Judge Brian C. Buescher sentenced Lazo-Escobar to 60 months’ imprisonment and the forfeiture of $12,100.00 in U.S. currency. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release.
On November 20, 2020, the Buffalo County Sheriff’s Office conducted a traffic stop on a 2012 Honda Civic with Luis Lazo-Escobar as the driver. In March 2021, Lexington Police conducted an interview with a subject who knew there was a gun and possibly methamphetamine inside of this vehicle. Law enforcement obtained a search warrant for the vehicle, which had been impounded and remained in police custody, and located the following contraband: a 9mm Taurus handgun, 150 rounds of ammunition, and $12,100 in United States currency. Lazo-Escobar is a convicted felon stemming from a possession of a controlled substance conviction in 2017.
This case was investigated by the Kearney Police Department.
National Grid Agrees to Pay $5.38 Million for Natural Resource DamagesRead the Press Release
National Grid has agreed to pay $5.38 million to federal and state natural resource trustees to resolve claims for natural resource damages from releases of hazardous chemicals connected to the former Gloucester Gas Light Company located in Gloucester, Massachusetts.
Between 1854 and 1952, the former Gloucester Gas Light Company operated a manufactured gas plant along the Gloucester waterfront. The plant used industrial processes to produce manufactured gas from coal and oil. Manufactured gas plants, which were common before the development of natural gas pipelines, often yielded by-products such as tars, sludges, and oils. Production at the gas plant ended in the early 1950s, and ownership changed to the North Shore Gas Company, a predecessor of the current owner, National Grid. Hazardous chemicals released by the former manufactured gas plant contaminated soils and groundwater, as well as sediment in the adjacent Gloucester Harbor. Those contaminants resulted in injuries to natural resources in Gloucester Harbor.
“This settlement will provide funding for federal and state agencies to undertake critical habitat restoration work in the coastal areas in the vicinity of the former impacted by Gloucester Gas Light Company’s plant,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“Coastal wetlands provide vital habitat for many species of fish and wildlife as well as protect neighboring communities from storm surges and rising sea levels from climate change,” said Acting Regional Director Kyla Hastie of the Fish and Wildlife Service Northeast Region. “The settlement will allow the trustees to fund restoration projects in Coastal Massachusetts to make communities safer and improve wildlife habitat for impacted species.”
“This settlement is an important step toward addressing years of pollution in Gloucester Harbor that injured the community's natural resources,” said Director for Habitat Conservation for Fisheries Carrie Selberg Robinson of the National Oceanic and Atmospheric Administration (NOAA). “We look forward to working with the other trustees to restore habitat that will support Gloucester well into the future.”
“Gloucester Harbor provides vital maritime, recreational, and ecological services to the public. This settlement will ensure that the public is compensated for the natural resource injuries that resulted from the decades-long release of hazardous substances into the Harbor,” said Massachusetts Attorney General Andrea Joy Campbell. “We thank our state and federal partners for working with us to achieve this important outcome.”
“This settlement will meaningfully address decades of environmental harm and restore wetlands and other aquatic resources. The Commonwealth and its trustee partners will ensure that stakeholders and officials in Gloucester will be active participants in the process to utilize these funds for restorative environmental projects,” said Secretary Rebecca Tepper of the Massachusetts Executive Office of Energy and Environmental Affairs. “We appreciate the work of the Department of Justice and Attorney General Campbell in bringing about this resolution for the Gloucester Harbor.”
Under the Comprehensive Environmental Response, Compensation, and Liability Act, parties that have disposed of hazardous substances at a site are liable for damages, injury to, destruction of, or loss of natural resources. The natural resource trustees for the site are the U.S. Department of the Interior, through the U.S. Fish and Wildlife Service, the NOAA, and the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs. Massachusetts state law affords the Commonwealth a similar right to recover damages for injuries to natural resources. The trustees determined that the hazardous substances released from the former Gloucester Gas Light Company’s manufactured gas plant contaminated waters and sediments in Gloucester Harbor, resulting in injury to these natural resources that serve as habitats for fish and wildlife species. National Grid is remediating those contaminants under Massachusetts state law.
In settlement of the trustees’ natural resource damages claims, National Grid has agreed to pay $80,000 to reimburse federal and state trustees for damage assessment costs and $5.3 million to compensate the public for natural resource injuries to Gloucester Harbor, which the trustees, working with the public, will use to implement one or more natural resource restoration projects. The defendant previously paid about $475,000 to reimburse federal and state trustees for prior damage assessment costs incurred at the site.
The Justice Department is seeking public comments on the settlement for a period of 30 days from publication of a notice of the settlement, which will appear in the Federal Register. View a copy of the settlement here. For more information about the Former Gloucester Gas Light Company case, see www.darrp.noaa.gov/hazardous-waste/former-gloucester-gas-light-company.
Muskogee Resident Pleads Guilty to Possession of Child PornographyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Troy Richard Jenkins, age 32, of Muskogee, Oklahoma, entered a guilty plea to one count of possession of child pornography, punishable by up to 20 years in prison.
During the plea hearing held June 27, 2023, Jenkins admitted to knowingly possessing and accessing with the intent to view more than 600 visual depictions involving the sexual exploitation of minors. Some of the pornographic images depicted children under the age of 12. Jenkins also admitted to distributing child pornography to others.
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.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the tab “Resources.”
The charges arose from an investigation by Homeland Security Investigations.
The Honorable Gerald L. Jackson, United States Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. At the conclusion of the plea hearing, Jenkins was remanded to the custody of the U.S. Marshal pending sentencing.
Assistant United States Attorney Anthony C. Marek represented the United States.
Mexican National Sentenced to More than Seven Years for Conspiring to Distribute Drugs and Being in the Country IllegallyRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Servando Urias, 48, of Mexico, was sentenced on July 6, 2023, to 90 months’ imprisonment by Senior United States District Judge John M. Gerrard, after conviction by a jury in March 2023 of Conspiracy to Distribute Cocaine and Heroin. Urias had previously pleaded guilty to being in the country illegally. He was also ordered to serve a four-year term of supervised release as there is no parole in the federal system.
The evidence presented at trial revealed that on August 28, 2019, a codefendant driving a Dodge pickup was stopped by the Lancaster County Sheriff’s Office after committing traffic infractions while driving on Interstate 80 in Lancaster County, Nebraska. Simultaneously, a black Jeep occupied by two other codefendants and Urias was stopped by another Lancaster County Deputy as the Jeep was believed to be travelling with the Dodge pickup.
During the course of the traffic stops, deputies became suspicious that parties in both vehicles were involved in criminal activity. Deputies received permission to search both vehicles and discovered three kilos of cocaine and one kilo of heroin in the rear seat of the Dodge pickup. All were arrested after it was confirmed that the three individuals in the Jeep were in fact traveling with the Dodge pickup containing the drugs.
The three codefendants had previously pleaded guilty to the Conspiracy charge and testified at trial about their and Urias’s involvement in the transportation of the drugs. Two of the three have been sentenced, one to 9 months’ imprisonment, the other to 28 months’ imprisonment. Another codefendant is pending sentencing.
This case was the result of an investigation by the Lancaster County Sheriff’s Office and the Department of Homeland Security Investigations.
McAlester Resident Sentenced for Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dustin Dewayne Bristow, age 37, of McAlester, Oklahoma, was sentenced to 240 months in prison for sexual abuse of a minor.
On February 14, 2022, Bristow pleaded guilty in federal district court to one count of Sexual Abuse in Indian Country. At the plea hearing, Bristow admitted to sexually abusing a child under the age of 16 between 2007 and 2008. The crime occurred in Pittsburg Country, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Jodi W. Dishman, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting by appointment, presided over the hearings in Muskogee. Bristow will remain in 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 Edith A. Singer represented the United States.
Man Sentenced to 46 Months for Using Stolen Identities of UCSD Students to Commit Bank Fraud and Pandemic-related Unemployment FraudRead the Press Release
Nehemiah Joel Weaver—who used the stolen identities of UCSD undergraduate students to commit bank and Covid-related frauds and then threatened someone he believed was working to expose his crimes—was sentenced in federal court to 46 months in prison and ordered to pay $225,392 in restitution to victims.
Weaver pleaded guilty in September 2022 to bank fraud, mail fraud, wire fraud and aggravated identity theft charges. He admitted to using the identities of at least 15 people, a group that included UCSD students, his former supervisor, and a former girlfriend. Weaver’s co-defendant, Mia Nikole Bell, admitted to stealing the student identities in her capacity as a UCSD employee and to providing them to Weaver. She was sentenced in December 2022 to four months in custody and was ordered to pay $16,480 in restitution.
Weaver further admitted in his plea agreement that he initially used some of the identities to open accounts and take out loans in the victims’ names at a credit union. Months later, he used the identities to obtain over $200,000 in Covid-related unemployment benefit payments from California and Arizona.
When Weaver learned of law enforcement’s investigation into his fraud, he sent threatening text messages to a perceived cooperating witness—including one in which he claimed to have “[p]aid good money” to have them killed.
Weaver also sent these text messages to the supposed cooperating witness: “NO MERCY!” “How long do you think you will be safe for? You are just a sitting duck[.]” “Lol so dead you don’t even know it yet[.]” “Can’t wait to see the look on your face. Paid good money to see it.”
In imposing the sentence, U.S. District Judge Gonzalo P. Curiel noted Weaver was on probation for felony identity theft convictions when he committed these new crimes. The judge noted the harm, anger, and fear that identity theft causes victims and observed that Weaver defrauded government agencies that exist to help people. Judge Curiel ordered the forfeiture of cash and the luxury vehicle that investigators seized from Weaver.
“Mr. Weaver used stolen identities to defraud critical state agencies that sought to help Americans during the early stages of the COVID-19 pandemic,” said United States Attorney Randy S. Grossman. “This office will continue to work with our federal, state, and local agency partners in the investigation of such crimes and the pursuit of justice for victims.”
Grossman thanked the prosecution team, the United States Secret Service and the San Diego Police Department for their excellent work on this case.
“Today’s sentencing is an example of our dedication and commitment to protecting the American financial system and targeting those who, by fraudulent means, seek to exploit and profit from government assistance programs,” said Special Agent in Charge Jason Reynolds, San Diego Field Office, U.S. Secret Service. “We, along with our law enforcement partners, are committed to pursuing justice and holding criminals accountable for their actions.”
As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Congress provided new unemployment benefits for those affected by the COVID-19 Pandemic who would not otherwise qualify for unemployment insurance. The EDD administers unemployment insurance benefits in California, and DES does the same in Arizona.
If you think you are a victim of COVID-19 fraud, immediately report it the FBI (visit ic3.gov, tips.fbi.gov, or call 1-800-CALL-FBI or the San Diego FBI at 858-320-1800. In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov.
DEFENDANTS Case Number 21-CR-2722-GPC
Nehemiah Joel Weaver Age: 37 San Diego, CA
Mia Nikole Bell Age: 32 Houston, TX
SUMMARY OF CHARGES
Bank Fraud – Title 18, U.S.C., Section 1344(1)
Maximum penalty: Thirty years in prison; $1 million fine or twice the pecuniary gain/loss
Mail Fraud – Title 18, U.S.C., Section 1341
Maximum penalty: Twenty years in prison; $250,000 fine or twice the pecuniary gain/loss
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: Twenty years in prison; $250,000 fine or twice the pecuniary gain/loss
Aggravated Identity Theft – Title 18, U.S.C., Section 1028A
Mandatory minimum two years in prison
AGENCIES
United States Secret Service
San Diego Police Department
Man on Parole After Murder Conviction Sentenced to Prison for Identity Theft and Making False Statements During the Purchase of a FirearmRead the Press Release
PORTLAND, Ore.—A felon who fled his parole on a murder conviction and moved to Oregon was sentenced to federal prison today for using stolen identities to apply for multiple Oregon driver’s licenses and making false statements while attempting to purchase multiple firearms.
Johnny Lee Allen, 45, was sentenced to 51 months in federal prison and three years’ supervised release.
According to court documents, in 1999, Allen was convicted of second-degree murder in Douglas County, Nebraska and sentenced to 35-50 years in prison. Shortly after he was released from Nebraska state custody in April 2019, he cut off his electronic monitoring bracelet and fled the state. Four months later, he used a stolen identity to obtain a Wyoming identification card. In late August 2019, he showed up at a DMV office in Gresham, Oregon and applied for and obtained an Oregon identification card using the same stolen identity. Two months later, in October 2019, Allen used the stolen identity a third time to apply for an Oregon driver’s license.
During the same time period, Allen used fraudulently-obtained identity documents for multiple firearm transactions. On November 1, 2019, he attempted to purchase a semi-automatic rifle, but cancelled the transaction when the background check was delayed. The next day, a woman Allen was dating purchased a .40 caliber pistol. Over the next nine months, Allen loaned the pistol to three different pawn shops in exchange for cash. In November 2020, Allen attempted to purchase a second firearm, but again cancelled the transaction rather than wait for a background check to be completed.
In July 2022, Allen used his brother’s identity to apply for a second Oregon driver’s license. His second attempt at an Oregon license failed when he used the same address he had used to obtain the first and his photo was flagged for potential fraud in the state’s DMV system.
On July 29, 2022, Allen was charged by criminal complaint with Social Security fraud and aggravated identity theft. On December 20, 2022, he was arrested in Oregon City, Oregon. During his arrest, law enforcement located and seized four different fraudulent pieces of identification on Allen’s person. All were obtained using the personal information of Allen’s first identity theft victim.
On March 22, 2023, Allen pleaded guilty to a two-count criminal information charging him with aggravated identity theft and making a false statement during the purchase of a firearm.
This case was investigated by the Social Security Administration Office of Inspector General (SSA-OIG) with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by Rachel Sowray, Special Assistant U.S. Attorney for the District of Oregon.
Loma Linda Woman Sentenced to over 5 Years in Prison for Commodities Scheme that Defrauded Victims Out of over $2.6 MillionRead the Press Release
LOS ANGELES – A San Bernardino County woman was sentenced today to 63 months in federal prison for her involvement in an investment fraud scheme that caused more than $2.6 million in losses to more than two dozen victims.
Sharief Deona McDowell, 58, of Loma Linda, was sentenced by United States District Judge André Birotte Jr., who also ordered her to pay $2,446,093 in restitution.
McDowell pleaded guilty in December 2022 to one count of wire fraud.
From October 2018 to March 2022, McDowell defrauded at least 28 investors by falsely representing that she would invest their money in commodity futures and options contracts. As part of the scheme, McDowell started a purported investment company called Presidential Investments Inc. LLC. McDowell operated and controlled this company and directed others to open bank accounts in the name of Presidential Investments.
In fact, McDowell did not trade with the investors’ money and instead misappropriated the funds for her personal use. McDowell also provided investors with fabricated trade confirmations and account statements to falsely indicate that their investments were generating returns.
For example, from October 2020 to January 2021, McDowell caused one victim to wire $250,000 from the victim’s bank account to a McDowell-controlled account after McDowell led the victim to believe she would invest the victim’s money through Presidential Investments.
In addition, McDowell used money provided by new investors to repay earlier investors – a tactic often used to conceal and prolong Ponzi and other investment fraud schemes.
In total, McDowell admitted in her plea agreement to causing losses to victims of approximately $2,678,768. The victims included people inside the United States as well as in Canada and Poland.
McDowell committed this fraud in violation of a prior judicial order as the result of a 2011 lawsuit filed against her and 20/20 Trading Company, a precious metals trading business that employed her as a saleswoman, by the Commodities Futures Trading Commission.
“From the very formation of her company, Presidential Investments, [McDowell] intended to use it to commit fraud, after having been prohibited by a court order from doing precisely that,” prosecutors argued in a sentencing memorandum. “Aware of the injunction, [McDowell] took steps to conceal her conduct by registering the business and opening bank accounts in the names of other people.”
The FBI investigated this matter.
Assistant United States Attorney Cory L. Burleson of the Riverside Branch Office and Trial Attorney Lauren Archer of the Justice Department Criminal Division’s Fraud Section prosecuted this case
Lincoln Man Sentenced for Two Bank RobberiesRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Michael McNeil, 30, of Lincoln, Nebraska, was sentenced on July 6, 2023, by Senior United States District Court Judge John M. Gerrard to a term of 84 months’ imprisonment following his conviction for two counts of bank robbery. After he completes his prison sentence, McNeil will also serve six years on supervised release. There is no parole in the federal system. He was ordered to pay $26,034 in restitution to the U.S. Bank in Lincoln, and $15,148.81 in restitution to Heartland Bank in Geneva, Nebraska.
On June 3, 2022, McNeil entered the Heartland Bank in Geneva, approached the teller window, and gave a teller a demand note. The note directed her not to move and to empty the cash drawer and no one would be hurt. McNeil left the bank with $17,088.81 in U.S. currency. He got into a Jeep Cherokee without plates which drove away. Later that afternoon, a motorist on Highway 6, about a ten-minute drive from Geneva, noticed what looked like money on the shoulder of the highway. He stopped and collected $1,940 cash from the roadside. The motorist turned the money over to law enforcement. Some of the money was wrapped in a distinctive paper band that matched bands wrapped around the bills stolen from Heartland Bank. Investigators obtained fingerprints from the demand note and the teller counter. An FBI forensic examiner found that four prints on the demand note matched McNeil’s fingerprints. The examiner also identified McNeil’s print on the corner of the teller counter. Further investigation revealed that McNeil had purchased a 1997 Jeep Grand Cherokee through Facebook Marketplace three days before the bank robbery. Heartland Bank is insured by the Federal Deposit Insurance Corporation (FDIC).
On July 6, 2022, McNeil entered the US Bank in Lincoln, Nebraska, and handed the bank teller a note reading “Empty your drawer! I don't want anyone to get hurt. Just give me the money!!!!” The teller handed over the money in the drawer and McNeil left with $26,034.00 in U.S. currency. Three days later, McNeil was stopped by Lincoln police driving a car he had purchased a day after the bank robbery. McNeil admitted to robbing US Bank and identified the getaway vehicle as a U-Haul van. Investigators executed a search warrant at McNeil’s Lincoln residence. Investigators found clothing in the trash that matched clothing worn by the robber. Investigators also located an unfinished demand note written in similar handwriting to that passed by the bank robber to the teller. US Bank is insured by the FDIC.
This case was investigated by the Lincoln Police Department, the Fillmore County Sheriff’s Office, the York Police Department, and the Federal Bureau of Investigation.
Lexington Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Melecio Meza Salamanca, 29, of Lexington, Nebraska, was sentenced on July 6, 2023, in federal court in Lincoln, Nebraska, for possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime. Senior United States District Judge John M. Gerrard sentenced Salamanca to 144 months of imprisonment. There is no parole in the federal system. After his release from prison, Salamanca will begin a five-year term of supervised release.
On October 12, 2021, a Merrick County Nebraska deputy sheriff stopped Salamanca and the co-defendant Mark Barraza as they drove through Central City, Nebraska. Salamanca was driving and Barraza was in the passenger seat. The deputy searched the car and located a .45 caliber pistol and approximately 180 grams of actual methamphetamine. Salamanca was knowingly in possession of the pistol and intended to distribute the methamphetamine. On March 24, 2023, Barraza was sentenced to 133 months in prison for his role in the offenses.
This case was investigated by the Merrick County Sheriff’s Office, the Nebraska State Patrol, and the Federal Bureau of Investigation.
Las Vegas Resident Pleads Guilty to Conspiracy to Commit Access Device FraudRead the Press Release
PITTSBURGH, PA - A resident of Las Vegas, Nevada, pleaded guilty in federal court to a charge of conspiracy to commit access device fraud, United States Attorney Eric G. Olshan announced today.
Hector Ofelio Podio Gutierrez, age 30, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Podio Gutierrez used counterfeit credit cards encoded with stolen bank account information to purchase MasterCard gift cards at Sam’s Club stores in the Pittsburgh area, as well as in Florida and California. During the month of December 2017, Podio Gutierrez and his codefendant, Yoandy Pou Torres, using an encoding device, created counterfeit credit cards, and then used the cards to make fraudulent gift card purchases totaling more than $382,000 at various Sam’s Club locations, approximately $170,000 of which were purchases conducted at Pittsburgh area stores.
Judge Bissoon scheduled sentencing for November 1, 2023, at 1:30 p.m. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Podio Gutierrez remains on bond pending sentencing.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the United States Secret Service conducted the investigation that led to the prosecution of Podio Gutierrez.
Las Vegas Resident Pleads Guilty to Conspiracy to Commit Access Device FraudRead the Press Release
PITTSBURGH, PA - A resident of Las Vegas, Nevada, pleaded guilty in federal court to a charge of conspiracy to commit access device fraud, United States Attorney Eric G. Olshan announced today.
Hector Ofelio Podio Gutierrez, age 30, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Podio Gutierrez used counterfeit credit cards encoded with stolen bank account information to purchase MasterCard gift cards at Sam’s Club stores in the Pittsburgh area, as well as in Florida and California. During the month of December 2017, Podio Gutierrez and his codefendant, Yoandy Pou Torres, using an encoding device, created counterfeit credit cards, and then used the cards to make fraudulent gift card purchases totaling more than $382,000 at various Sam’s Club locations, approximately $170,000 of which were purchases conducted at Pittsburgh area stores.
Judge Bissoon scheduled sentencing for November 1, 2023, at 1:30 p.m. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Podio Gutierrez remains on bond pending sentencing.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the United States Secret Service conducted the investigation that led to the prosecution of Podio Gutierrez.
Lafourche Parish Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – On Thursday, July 6, 2023, TERRANCE STEWART, age 32, a residence of Lafourche Parish, was sentenced to 108 months in federal prison, four years of supervised release , as well as payment of a $100 mandatory special assessment fee for possession with intent to distribute 40 grams or more of a mixture or substance containing a detectable amount of fentanyl, announced U.S. Attorney Duane A. Evans.
According to court documents, on August 17, 2022, law enforcement seized 226.7 grams of fentanyl pills, 203 grams of methamphetamine pills, 72.9 grams of white powdery fentanyl, and approximately $181,623.00 in U.S. currency from STEWART’s residence. In addition, STEWART sold fentanyl pills to a confidential source on April 21, 2022 and June 2, 2022. STEWART also sold methamphetamine to a confidential source on June 22, 2022 and July 6, 2022.
This case was investigated by the Drug Enforcement Administration, New Orleans Division and the Lafourche Parish Sheriff’s Office Drug Task Force. The prosecution of this case is being handled by Assistant United States Attorney Rachal Cassagne of the Narcotics Unit.
La Cañada Flintridge Man Found Guilty of Murder-for-Hire Plots Against His Former Lawyer and a Litigant Who Defeated Him in CourtRead the Press Release
RIVERSIDE, California – A San Gabriel Valley man was found guilty by a jury today of federal criminal charges, including conspiring with his employee to hire a hitman to kill two men – one who opposed him in litigation and the other who represented one of his companies in bankruptcy.
Arthur Raffy Aslanian, 54, of La Cañada Flintridge, was found guilty of one count of conspiracy and use of interstate commerce facilities in the commission of murder-for-hire and one count of use of interstate commerce facilities in the commission of murder-for-hire. The federal jury also found Aslanian guilty of one count of conspiracy to commit arson, one count of attempted arson, and one count of arson of a building used in interstate commerce.
According to evidence presented at a five-day trial, Aslanian conspired with Sesar Rivera, 41, of North Hollywood, Aslanian’s employee, to hire a hitman to murder two people – identified in court documents as “M.Y.” and “S.E.”
M.Y. was a lawyer who represented Aslanian in a bankruptcy proceeding in which Aslanian had prevailed but then refused to pay over $261,000 in legal fees and expenses to M.Y.’s law firm. In April 2022, M.Y. sent a demand letter to Aslanian requesting to mediate the dispute and stating he was prepared to sue Aslanian if the mediation failed.
S.E. was a litigant who defeated Aslanian in court after Aslanian tried to take possession of the Brentwood home in which S.E.’s parents lived.
In April 2022, Rivera – Aslanian’s employee at the time – met with an individual, who according to trial testimony was a gang member and convicted felon. Rivera told the individual that a real estate businessman named “Arthur” wanted to pay him to kill M.Y. and S.E.
In July 2022, Rivera again met with the individual and said “Arthur” wanted the killing done as soon as possible. Rivera showed the individual information about M.Y. The individual secretly recorded a portion of this July 2022 in-person meeting on his phone and provided a copy of the recording to law enforcement.
Rivera also promised the individual that Aslanian would pay $20,000 for the murder once Rivera had photographic proof the murder had been committed.
On August 10, 2022, Rivera again met with the individual and told him to focus on murdering S.E. before killing M.Y. On August 19, 2022, Rivera used the Facebook Messenger application to send the individual a multimedia message with a screenshot of victim S.E.’s Facebook profile, including S.E.’s picture and business name, to assist the individual in locating and murdering S.E.
Law enforcement contacted and warned M.Y. and S.E. of the murder plots.
On September 7, 2022, law enforcement detained and questioned Rivera, who later agreed to cooperate with them.
Aslanian was arrested shortly after a September 15, 2022 meeting in which Rivera showed him a staged murder photograph of S.E.
In a separate incident, Aslanian, through Rivera, paid an individual a few hundred dollars for successfully setting fire to a vacant unit at a rental property in North Hollywood own by Aslanian so the remaining tenants would be forced to leave the property.
United States District Judge Jesus G. Bernal scheduled an October 2 sentencing hearing, at which time Aslanian will face a statutory maximum sentence of 10 years in federal prison for each murder-for-hire-related count and up to 20 years in federal prison for each arson-related count, and a mandatory minimum of five years in federal prison for each arson count.
Rivera pleaded guilty on March 27 to one count of conspiracy and one count of use of interstate commerce facilities in the commission of murder-for-hire. He faces up to 10 years in federal prison for each count at his September 25 sentencing hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Los Angeles Police Department investigated this matter.
Assistant United States Attorneys Kevin J. Butler of the Violent and Organized Crime Section, Kevin B. Reidy of the Major Frauds Section, and Eli A. Alcaraz of the Riverside Branch Office are prosecuting this case.
Johnston Man Arrested, Federal Firearm Charges Filed in Seizure of Firearm Silencers and Device to Convert an AR-15 to an Automatic WeaponRead the Press Release
PROVIDENCE – Federal charges have been filed against a Johnston man following the seizure of two firearm silencers, one of which was attached to a rifle, and a “lightning link” auto sear (a device used to turn a semi-automatic rifle into an automatic weapon), announced United States Attorney Zachary A. Cunha.
Alessio Dandrea, 27, has been charged by way of a federal criminal complaint with possession of an unregistered firearm silencer and unlicensed importation/transportation of a machine gun from foreign commerce.
According to charging documents, on June 14, 2023, U.S. Customs and Border Protection intercepted a parcel shipped from China addressed to Dandrea that, upon inspection, was found to contain an AR-15 “lightning link” auto sear. The seized lightning is classified as a machine gun by the ATF and is designed to modify the semi-automatic function/capability of an AR-15, rendering it capable of firing as an automatic weapon. The possession or transfer of an unregistered drop-in auto sear is prohibited by the National Firearms Act.
A court-authorized search of Dandrea’s residence on Thursday by agents and officers from Homeland Security Investigations, ATF, and the Johnston Police Department resulted in the seizure of six firearms and two firearm silencers, one of which was attached to a rifle. An investigation into Dandrea revealed that the two silencers were not registered to him, rendering their possession illegal under federal law.
Dandrea is scheduled to make an initial appearance before U.S. District Court Magistrate Judge Patricia A. Sullivan today at 2:00 pm.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney G. Michael Seaman.
The matter was investigated by Homeland Security Investigations, U.S Postal Inspection Service, Bureau of Alcohol Tobacco Firearms and Explosives, with assistance from the Johnston, Warwick, Providence, Central Falls, and Pawtucket Police Departments.
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.
###
dandrea_criminal_complaint.pdfInmate Pleads Guilty to Possessing Weapon at FCI BeckleyRead the Press Release
BECKLEY, W.Va. – Chase Higgins, 26, an inmate at the Federal Correctional Institution (FCI) Beckley, pleaded guilty today to possession of a weapon by an inmate at a federal prison.
According to court documents and statements made in court, on February 21, 2023, Higgins told an FCI Beckley staff member during a search of his person that he had a handcrafted weapon commonly known as a “shank” in his pants. The staff member found the shank in a leg of Higgins’ pants. The shank was a piece of plastic about six inches long, with one end sharpened to a point. Higgins admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon.
Higgins is scheduled to be sentenced on October 27, 2023, and faces a maximum penalty of five 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 Federal Bureau of Prisons.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.
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. 5:23-cr-71.
###
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:
Appearing in Great Falls before Chief U.S. District Judge Brian M. Morris and pleading not guilty on July 6 was:
Larry Thomas McDaniel, 45, of Great Falls, on charges of possession with intent to distribute controlled substances and distribution of methamphetamine. If convicted of the most serious crime, McDaniel faces a mandatory minimum of five years to 40 years in prison, a $10 million fine and five years of supervised release. McDaniel was detained pending further proceedings. The FBI, Great Falls Police Department, Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 23-61.
Kareshmaa Kaur Jagroop, 41, of Calgary, Alberta, on charges of conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. If convicted of the most serious crime, Jagroop faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Jagroop was detained pending further proceedings. Homeland Security Investigations conducted the investigation. PACER case reference. 22-109.
Jada Mulon Wells, 20, of Browning, on charges of assault resulting in serious bodily injury, assault with a dangerous weapon, assault on a federal officer and robbery. If convicted of the most serious crime, Wells faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release. Wells was detained pending further proceedings.The FBI, Blackfeet Law Enforcement Service, Bureau of Indian Affairs and Cut Bank Police Department investigated the case. PACER case reference. 23-34.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on July 6 was:
Heather Marie Bugni, 34, of Butte, on charges of false statement to an agency of the United States, health care fraud and theft of government money. If convicted of the most serious crime, Bugni faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Bugni was released pending further proceedings. The U.S. Department of Health and Human Services Office of Inspector General investigated the case. PACER case reference. 23-09.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July 6 was:
Yvon Lopez-Florez, 29, of Lodge Grass, on charges of conspiracy to possess with intent to distribute and distribution of controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Lopez-Florez faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Lopez-Florez was detained pending further proceedings. The Bureau of Indian Affairs, Drug Enforcement Administration and FBI investigated the case. PACER case reference. 23-70.
Appearing on July 5 was:
Ryan William Newhart, 28, of Billings, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Newhart faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Newhart was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force, U.S. Postal Service and Montana Division of Criminal Investigation investigated the case. PACER case reference. 23-80.
Devin Miranda American Horse, 34, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, American Horse faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. American Horse was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 23-73.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
XXX
Houston Man Sentenced to 40 Years for Child Sexual Exploitation, ObstructionRead the Press Release
A convicted child sex offender was sentenced today to 40 years in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Jonathan Fitzpatrick Koen, 49, was indicted in December 2022 and went to trial in March 2023. A jury found him guilty of four counts of sexual exploitation of a child and one count of attempted obstruction of an official proceeding. He was sentenced Friday by U.S. District Judge Reed C. O’Connor, who ordered the defendant be subject to a lifetime of supervision following his incarceration.
“Children should never be subjected to such appalling abuse. HSI will do everything in our power to continue to remove these predators from our communities,” said HSI Dallas Special Agent in Charge Lester R. Hayes Jr. “This defendant’s lengthy sentence and lifetime of supervised release reflects the severity of his criminal offenses. HSI along with our law enforcement partners remain vigilant in the protection of our nation’s most vulnerable. ”
According to evidence presented at trial, Mr. Koen recorded himself sexually assaulting a high-school-aged victim.
Once the sexually explicit images and videos were discovered, Mr. Koen picked up the minor victim from her home and drove here through the United States and across the Canadian border before he was apprehended by the Royal Canadian Mounted Police.
Mr. Koen also attempted to change his victim’s trial testimony in order to obtain an acquittal. He attempted to get the victim to testify that it was someone else who produced the videos and images he was charged with recording.
Ultimately, the victim was consistent in her testimony, which was consistent with the evidence showing that Mr. Koen sexually assaulted the victim and recorded the videos and images found on his cellphone.
Homeland Security Investigations’ Dallas Field Office and the Fort Worth Police Department conducted the investigation with the assistance of the Harris County Sheriff’s Office and the Royal Canadian Mounted Police. Assistant U.S. Attorney Brandie Wade and Levi Thomas prosecuted the case.
Highlands County Man Sentenced to 13 Years in Federal Prison for Armed Drug TraffickingRead the Press Release
MIAMI – Oscar Robinson, 67, of Sebring, Florida, has been sentenced to 13 years in prison for armed drug trafficking. Following his guilty plea to possession with intent to distribute a mixture and substance containing a detectable amount of cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
On July 21, 2021, Robinson distributed crack cocaine from his residence in Sebring, Florida. On January 21, 2022, Robinson again distributed crack cocaine from his residence. On February 1, 2022, law enforcement officers executed a search warrant at Robinson’s residence, during which they seized a loaded Smith & Wesson, .357 caliber revolver, several grams of crack cocaine, a detailed drug ledger, and $10,900.00.
Robinson has prior felony convictions from the State of Florida for, among other things, assault with intent to commit robbery, aggravated assault with a firearm, possession of cocaine, possession of cocaine with intent to sell, sale of cocaine, and sale of cocaine.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration (DEA), Miami Field Division, announced the sentence imposed by U.S. District Judge K. Michael Moore.
DEA Miami investigated the case, with assistance from the Highlands County Sheriff’s Office. Assistant U.S. Attorney Michael D. Porter prosecuted it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-14064.
###
Health Connect America Fined over $4.6 Million for Improper Billing PracticesRead the Press Release
ABINGDON, Va. – Health Connect America, (HCA) headquartered in Franklin, Tennessee with locations in Big Stone Gap and Culpeper, Virginia, has agreed to pay $4,611,375 to resolve allegations that it billed Virginia Medicaid for services not provided. As part of the resolution, HCA further agreed to be subject to a period of 5 years of increased compliance and oversight, during which any failure to comply with its obligations may result in criminal prosecution and contempt of court proceedings that could result in additional monetary sanctions and injunctive relief.
The allegations involved HCA billing Medicaid improperly for three separate behavioral health services available to children who qualify. Therapeutic Day Treatment is a school-based program designed to assist children with various mental health diagnoses who need support during the school day. HCA billed Virginia Medicaid for providing services to students who were absent from school, and when school was not open due to holiday or weather closures.
Intensive In-Home Services is a home-based program designed to help children who have various mental health diagnoses and are at risk of being removed from their home. HCA billed Virginia Medicaid for intensive in-home services provided by an employee who was having a sexual relationship with a juvenile patient in Orange County, Virginia. That employee has since been prosecuted by state authorities and is serving a 10-year sentence.
Behavioral Therapy Services is a specialized mental health service for children with various mental health diagnoses, including autism, and includes Applied Behavioral Analysis. Behavioral Therapy Services and Applied Behavioral Analysis must be provided by specifically-trained mental health professionals. HCA billed for Behavioral Health Services that were provided by individuals who were not properly trained or credentialed in Southwest Virginia, and used the name and National Provider Identifier (NPI) number of a properly-trained and credentialed mental health professional located in Northern Virginia who had never seen clients in Southwest Virginia.
“Ensuring that healthcare providers accurately bill programs such as Medicaid and Medicare are one of the cornerstone functions of law enforcement,” United States Attorney Christopher R. Kavanaugh said today. “When providers fail in that mission, we must hold them accountable. I am grateful to all those who worked on this matter and brought it to a just conclusion.”
“Health Connect America tried to charge Virginia Medicaid for child behavioral health services they never performed. I'm proud of the collaboration between my office and our federal partners in reaching an agreement and bringing justice,” said Virginia Attorney General Jason Miyares.
“Health care providers have a responsibility to submit accurate and honest claims to federal health care programs to ensure that these resources are available for eligible patients,” said Maureen Dixon, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG is committed to safeguarding valuable taxpayer dollars and protecting the integrity of the Medicaid program.”
The agreement resolves HCA’s potential criminal liability based on the investigation. As part of the resolution, HCA has committed to various compliance measures, including, but not limited to, increased compliance and audit requirements, unannounced audits, and enhanced reporting requirements if and when there are incidents of theft, fraud, abuse, or neglect
The resolutions obtained in this matter were the result of a coordinated effort among the United States Attorney’s Office for the Western District of Virginia, the Virginia Attorney General’s Office Medicaid Fraud Control Unit, and the United States Department of Health and Human Services-Office of the Inspector General.
Special Assistant United States Attorney Janine M. Myatt, Assistant Attorney General with the Virginia Attorney General’s Office, and Assistant U.S. Attorney Randy Ramseyer represented the government in this matter.
Hagerstown Man Sentenced to 30 Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
Baltimore, Maryland - U.S. District Judge George L. Russell, III today sentenced John Frederick Hegedus, age 34, of Hagerstown, Maryland, to 30 years in federal prison, followed by lifetime supervised release, for sexual exploitation of a child. Judge Russell also ordered that, upon his release from prison, Hegedus must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
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.
According to his guilty plea, Hegedus sexually abused a six-year old girl on seven separate instances between April 26, 2022 and June 9, 2022. Hegedus admitted that he used his cellular phone to record his abuse of the minor victim and subsequently posted the videos to a child pornography group chat. The videos were reported to law enforcement and on June 9, 2022, law enforcement executed a search warrant at Hegedus’ apartment and Hegedus was arrested. During the execution of the warrant, agents noted that the background shown in the videos matched the defendant’s apartment.
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 Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
# # #
Grand Island Man Sentenced to 60 Years for Conspiracy to Produce Child Pornography and Production of Child PornographyRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Scott Matthew Simmons, 43, of Grand Island, Nebraska, was sentenced on July 6, 2023, in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard for one count of conspiracy to produce child pornography and one count of production of child pornography. Simmons was sentenced to 720 months in prison and will serve the remainder of his life on supervised release. There is no parole in the federal system. Simmons was additionally ordered to pay $11,250 in restitution as well as a $9,000 special assessment which will contribute to funds established for victims of these types of crimes.
This case initiated in July of 2022 with an investigation by the FBI in an attempt to identify children in a series of child pornography images which were being shared online since 2018. Through the investigation it was determined that the files were associated with Scott Simmons and Scott Meyer. Meyer is currently scheduled to be sentenced on October 2, 2023, regarding the same case.
On August 25, 2022, a search warrant was received to search Simmons’s and Meyer’s residence. During the search warrant, it was determined that the residence was where many of the child exploitation files were produced. Numerous electronic devices were seized from the residence. Meyer was at the residence during the execution of the search warrant. He agreed to be interviewed and admitted that he and Simmons had engaged in photographing and recording prepubescent boys in a sexually explicit manner. He admitted that these images and videos were produced at their residence and other locations to include various hotels. Four child victims were identified and interviewed by child advocate interviewers.
A forensic examination and review were completed of Simmons’s and Meyer’s personal cellphones. Both the phones contained more than 400 files of child pornography. A large majority of these files found on the phones were original productions of the minor victims in this case.
Simmons was previously convicted in 2007 for one count of sexual assault of a child in the 3rd degree in Saline County District Court, Nebraska. Simmons and Meyer met while both were serving sentences for child-sex offenses in Nebraska. Simmons and Meyer distributed the images and videos they produced of the four victims in this case on the Tor network using encrypted forms of email to further hide their identities. They additionally directly shared the files they created with at least one acquaintance they made while serving their prior sentences.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation.
Former President of Beauty Career Training School Sentenced to Federal PrisonRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced that Janola Massaquoi, 41, of Shreveport, Louisiana was sentenced late yesterday by United States District Judge S. Maurice Hicks, Jr. for making false statements to a federal agency in connection with the application for a CARES Act loan. Massaquoi was sentenced to 12 months and 1 day in prison and ordered to pay restitution in the amount of $250,000. She will serve 3 years of supervised release following her release from prison.
In March 2020 Congress enacted the Coronavirus Aid, Relief and Economic Security (CARES) Act which was designed to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. As part of the CARES Act, the Small Business Administration (SBA) provided Economic Injury Disaster Loans (EIDL), which were low-interest financing to small businesses, renters and homeowners in regions affected by declared disasters. The CARES Act also provided authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through a program referred to as the Paycheck Protection Program (“PPP”).
In 2018, Massaquoi formed the Jane Elizabeth Education Group (JEEG) and also served as the president of a beauty career training company. In 2020, she applied to the SBA for an EIDL in the name of JEEG d/b/a Company 1 seeking approximately $500,000 in EIDL Program funds. At the same time, she applied for a PPP loan in the name of JEEG d/b/a Company 1 seeking $178,750. As part of the EIDL application process, in April 2020, Massaquoi electronically submitted to the SBA a Loan Authorization and Agreement in which she certified to the SBA that “[JEEG] will not, without the prior written consent of SBA, make any distribution of Borrower’s assets, or give any preferential treatment, make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise to any owner or partner…” She also certified that the loan funds would be used solely as working capital for JEEG.
Both loan applications were subsequently approved. Based on her material misrepresentations set forth in the false Loan Authorization and Agreement, the SBA disbursed approximately $500,000 in EIDL benefits to a bank account held by Company 1. On April 23, 2020, approximately $178,750 in PPP loan benefits were disbursed to a bank account held by Company 1.
In reality and unbeknownst to the SBA, Massaquoi intended to make a large advance directly to herself and did not intend to use the EIDL funds solely as working capital for JEEG. After obtaining the loan benefits, Massaquoi transferred funds from Company 1’s bank account to other bank accounts she personally controlled and used the funds for a variety of personal expenses including a down payment on the purchase of a personal residence and mortgage payments. Massaquoi also withdrew over $30,000 in cash, transferred over $50,000 to friends and family members, and used approximately $83,000 to fund her personal investment and retirement accounts. In total, Massaquoi used $250,000 of the EIDL proceeds for her personal use.
“Because of the selfish actions of this defendant and her choice to defraud the government out of over $250,000 for her own personal gain, she now rightfully stands as a convicted felon and will spend time behind bars,” said U.S. Attorney Brandon B. Brown. “These types of cases are part of why we have been called to do what we do at the United States Attorney’s Office. It is our sole responsibility to investigate and prosecute these types of cases. The CARES Act was designed to help those with businesses that were suffering due to the COVID-19 pandemic, not to line their own personal pockets to the detriment of the American taxpayer. We will bring those who steal federal taxpayer dollars to justice as these types of cases remain a priority for our office and the department. Our office will continue to aggressively prosecute these offenders in Shreveport, Monroe, Alexandria, Lafayette, Lake Charles and all points in between.”
“Massaquoi represents a growing number of people who fraudulently received funds under the CARES Act and utilized them for personal gain,” said Demetrius Hardeman, Acting Special Agent in Charge, Atlanta Field Office. “However, IRS Criminal Investigation and our federal law enforcement partners uncovered her deceitfulness and her sentencing is evidence that greed does not pay."
The case was investigated by the Department of Treasury, Inspector General for Tax Administration, and Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorney Seth D. Reeg.
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 of Justice’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.
# # #
Former Morris School Teacher Sentenced for Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dallas Tyler Ewton, age 41, of Morris, Oklahoma, was sentenced to a term of imprisonment of 180 months each for two counts of Sexual Abuse of a Minor in Indian Country, to be served concurrently, and 6 months for one count of Abusive Sexual Contact in Indian Country, to be served consecutively.
The charges arose from investigations by the Federal Bureau of Investigation and the Muscogee (Creek) Nation Lighthorse Police.
On July 7, 2022, Ewton pleaded guilty to two counts of Sexual Abuse of a Minor in Indian Country and one count of Abusive Sexual Contact in Indian Country. Ewton, then employed as a full-time teacher at Morris Public Schools, engaged in sexual acts with two of his students. At the plea hearing, Ewton admitted to sexually abusing a student between April 2012 and June 2016. He also admitted to sexually abusing another student between September 2019 and January 2020. The crimes occurred in within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.
“This case represents a nightmare scenario for any parent,” said United States Attorney Christopher J. Wilson. “The defendant took advantage of the time-honored relationship of teacher and student to prey on his victims.”
The Honorable Timothy D. DeGiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting by assignment, presided over the hearing in Muskogee, Oklahoma. Ewton will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve the non-paroleable sentence of incarceration.
Assistant United States Attorney Edith A. Singer represented the United States at the sentencing hearing.
Former Kirkland, Washington resident sentenced to 13 years in prison for possessing images of child rape and abuse, and for plan to sexually assault a childRead the Press Release
Seattle – A 35-year-old former resident of Kirkland, Washington was sentenced today in U.S. District Court in Seattle to 13 years in prison for attempted enticement of a minor and possession of child pornography, announced Acting U.S. Attorney Tessa M. Gorman. Marcus William Lowe has been in federal custody since November 2020. At the sentencing hearing, U.S. District Judge Ricardo S. Martinez said, “The impact is lifelong to those victims who are revictimized every time those images are downloaded and viewed. Every single one of those photos reflects a real child, a real victim.”
“Those who prey on children face significant federal prison time,” said Acting U.S. Attorney Gorman. “These crimes leave life-long scars on the young and vulnerable. It is entirely appropriate that we use custody time, post sentence supervision and registration as a sex offender to keep our community safe.”
According to records filed in the case, in early October 2020, Lowe used an internet application to communicate with a parent about molesting a ten-year-old child. In fact, the child was fictitious, and the “parent” was an undercover FBI agent. When Lowe arrived at the location and spotted law enforcement he attempted to flee and injured a law enforcement officer in the process.
A review of Lowe’s electronic devices revealed he possessed several hundred images of child rape and sexual abuse. A minor child revealed that Lowe had sexually abused the child. He was sentenced in King County Superior Court to 41 months in prison for that conduct.
“It is heartbreaking that child predators cause lasting damage on innocent children without caring that they are destroying lives,” said Richard A. Collodi, Special Agent in Charge of FBI Seattle. “We hope that these prosecutions send a message to other would-be sex offenders that law enforcement takes these crimes seriously, and there will be consequences.”
Judge Martinez ordered that the 13-year federal sentence run concurrent to the state sentence. Lowe will be required to register as a sex offender following prison and will be on supervised release for 15 years following the prison term.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by the FBI. The operation was conducted in cooperation with the Seattle Police Department, and the Kirkland Police Department.
The case was prosecuted by Assistant United States Attorney Matt Hampton.
Former Eastern Kentucky Correctional Supervisor Indicted for Covering up the Assault of a Restrained InmateRead the Press Release
A former Eastern Kentucky Correctional Complex (EKCC) sergeant was indicted by a federal jury in Lexington, Kentucky, for three counts of obstruction based on his efforts to cover up the assault of a restrained inmate by multiple officers that he supervised.
The indictment alleges that on July 24, 2018, Sgt. Eric L. Nantell, 47, watched lower-ranking EKCC correctional officers assault a nonviolent inmate who was lying face-down, wearing handcuffs and leg shackles, and isolated in a prison shower cell. The indictment specifically alleges that Nantell, who at that time held the rank of sergeant, stood outside of the shower during the assault and that he later attempted to cover up what happened by lying to the EKCC supervisor assigned to investigate the incident, a Kentucky State Police (KSP) detective, and a special agent of the FBI.
Nantell faces a maximum of 20 years in prison for each charge alleging that he lied to Kentucky state officials. Nantell faces a maximum of five years in prison for lying to the FBI. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office; and Colonel Phillip Burnett Jr. Commissioner of the KSP made the announcement.
The FBI, the KSP and the Kentucky Justice and Public Safety Cabinet conducted the investigation.
Assistant U.S. Attorney Zach Dembo and Mary Melton for the Eastern District of Kentucky and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Foreign National Indicted for International Drug TraffickingRead the Press Release
A Mexican national made his initial appearance in the District of Columbia today to face international cocaine and marijuana trafficking charges.
According to court documents, between 2000 and 2010, Eleazar Medina Rojas, aka Chelelo, 51, was a high-ranking member of the Zetas, an international drug trafficking organization allied with the Gulf Cartel. Together, the Zetas and the Gulf Cartel, known collectively as “The Company,” was a violent, transnational drug trafficking organization based in Mexico that was engaged in the manufacture, distribution, and importation of ton quantities of cocaine and marijuana from Mexico, Colombia, Guatemala, Panama, and elsewhere into the United States. Medina Rojas was also the “plaza boss” for the city of Monterrey, Nuevo Leon, Mexico, controlling the Zeta’s drug trafficking activities in that area.
In May 2013, a grand jury in the District of Columbia returned a fourth superseding indictment against Medina Rojas. In December 2018, Mexican authorities arrested Medina Rojas pursuant to a provisional arrest requested by the United States. Medina Rojas remained detained in Mexico pending his extradition. He was extradited from Mexico to the United States on July 6.
Medina Rojas is charged with one count of conspiracy to manufacture and distribute five kilograms or more of cocaine and over 1,000 kilograms of marijuana intending and knowing that those substances would be imported into the United States. If convicted, he faces a mandatory minimum sentence of 10 years in prison and a maximum penalty of life imprisonment.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and DEA Administrator Anne Milgram made the announcement.
The DEA Houston Division is investigating the case with assistance from the DEA Mexico City Country Office.
Trial Attorneys Kirk Handrich and Janet Turnbull of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs worked with law enforcement partners in Mexico to secure the arrest and extradition of Medina Rojas. The Office of Enforcement Operations also provided significant assistance.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Pleads Guilty to Federal Hate Crimes for Racially Motivated Attacks on Two Black WomenRead the Press Release
A Florida man pleaded guilty yesterday to two federal hate crimes for attacking two Black women with a gun.
According to the plea agreement, using force or a threat of force, Frederick Eugene Pierallini III, 27, willfully intimidated the victims and interfered with their enjoyment of federally protected activities because of their race and color. Victim 1 was enjoying her private employment, and Victim 2 was enjoying a facility provided by the state of Florida.
Specifically, on Sept. 10, 2022, Pierallini went to Daily’s Place, a convenience store, located at 620 Chaffee Road South in Jacksonville, Florida. Victim 1 was working there as a clerk at the register. Pierallini attempted to buy snacks at the register, but his card was declined. He then attempted to walk out of the store with unpaid merchandise. Pierallini ultimately returned, scolding Victim 1 for not knowing how to do her job and directing racial slurs at her. Pierallini left the store, retrieved a shotgun from his car, pointed it at Victim 1 and cocked it by pulling the slide back to open the chamber and load a bullet into it. Victim 1 ran away in fear. Pierallini used racial slurs throughout the encounter.
Two days later, on Sept. 12, 2022, Pierallini approached Victim 2 as she was sitting in her walker on the public sidewalk near 1571 University Boulevard West. He directed racial slurs at her and told her that she could not sit where she was. Pierallini also threatened to kill Victim 2. He then left, returned with a shotgun and fired a single shot.
“The defendant is being held accountable for targeting two Black women with a gun on two separate days because of their race and because they were engaging in federally protected activities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Racially motivated threats and acts of violence have no place in our society today. The Justice Department stands ready to investigate and prosecute individuals who target Black people with threats and acts of violence.”
“The defendant in this case committed a vile assault on two women with a dangerous weapon because of their race,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “These actions were repugnant and endangered the women’s and the public’s safety. We will continue to work with our law enforcement partners to counter crimes like these with the full force of the law.”
“Investigating these acts and seeking justice remains a top priority for the FBI and our partners because hate crimes are not only an attack on the victim – they are meant to threaten and intimidate an entire community,” said Special Agent in Charge Sherri E. Onks of the FBI Jacksonville Field Office. “There is no place for hate and racism, and no one should ever fear they could be targeted in an act of violence based on how they look, where they’re from or any part of their identity. The team at FBI Jacksonville is proud to work alongside our partners at the Jacksonville Sheriff’s Office to protect all members of this community.”
A sentencing hearing has not yet been scheduled. For each count, Pierallini faces a maximum of 10 years in prison, three years of mandatory supervised release and a fine up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Clarke, U.S. Attorney Handberg and Special Agent in Charge Onks made the announcement.
The FBI Jacksonville Field Office and the Jacksonville Sheriff’s Office investigated the case.
Assistant U.S. Attorney Ashley Washington for the Middle District of Florida and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section are prosecuting the case.
Florida Man Pleads Guilty to Federal Hate Crimes for Racially Motivated Attacks on Two Black WomenRead the Press Release
A Florida man pleaded guilty yesterday to two federal hate crimes for attacking two Black women with a gun.
According to the plea agreement, using force or a threat of force, Frederick Eugene Pierallini III, 27, willfully intimidated the victims and interfered with their enjoyment of federally protected activities because of their race and color. Victim 1 was enjoying her private employment, and Victim 2 was enjoying a facility provided by the state of Florida.
Specifically, on Sept. 10, 2022, Pierallini went to Daily’s Place, a convenience store, located at 620 Chaffee Road South in Jacksonville, Florida. Victim 1 was working there as a clerk at the register. Pierallini attempted to buy snacks at the register, but his card was declined. He then attempted to walk out of the store with unpaid merchandise. Pierallini ultimately returned, scolding Victim 1 for not knowing how to do her job and directing racial slurs at her. Pierallini left the store, retrieved a shotgun from his car, pointed it at Victim 1 and cocked it by pulling the slide back to open the chamber and load a bullet into it. Victim 1 ran away in fear. Pierallini used racial slurs throughout the encounter.
Two days later, on Sept. 12, 2022, Pierallini approached Victim 2 as she was sitting in her walker on the public sidewalk near 1571 University Boulevard West. He directed racial slurs at her and told her that she could not sit where she was. Pierallini also threatened to kill Victim 2. He then left, returned with a shotgun and fired a single shot.
“The defendant is being held accountable for targeting two Black women with a gun on two separate days because of their race and because they were engaging in federally protected activities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Racially motivated threats and acts of violence have no place in our society today. The Justice Department stands ready to investigate and prosecute individuals who target Black people with threats and acts of violence.”
“The defendant in this case committed a vile assault on two women with a dangerous weapon because of their race,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “These actions were repugnant and endangered the women’s and the public’s safety. We will continue to work with our law enforcement partners to counter crimes like these with the full force of the law.”
“Investigating these acts and seeking justice remains a top priority for the FBI and our partners because hate crimes are not only an attack on the victim – they are meant to threaten and intimidate an entire community,” said Special Agent in Charge Sherri E. Onks of the FBI Jacksonville Field Office. “There is no place for hate and racism, and no one should ever fear they could be targeted in an act of violence based on how they look, where they’re from or any part of their identity. The team at FBI Jacksonville is proud to work alongside our partners at the Jacksonville Sheriff’s Office to protect all members of this community.”
A sentencing hearing has not yet been scheduled. For each count, Pierallini faces a maximum of 10 years in prison, three years of mandatory supervised release and a fine up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Clarke, U.S. Attorney Handberg and Special Agent in Charge Onks made the announcement.
The FBI Jacksonville Field Office and the Jacksonville Sheriff’s Office investigated the case.
Assistant U.S. Attorney Ashley Washington for the Middle District of Florida and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section are prosecuting the case.
Fitchburg Man Sentenced to 33 Months for Illegal Gun PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Derrick Johnson, 27, Fitchburg, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 33 months in prison for being a felon in possession of a firearm, to be followed by a 3-year term of supervised release. Johnson pleaded guilty to this charge on April 4, 2023.
On December 5, 2022, Fitchburg police were dispatched to an apartment complex in response to call for a man with a gun. When officers arrived, they saw Johnson place something under a bush. Officers took him into custody as he matched the description provided of the man with a gun. Under the bush officers found a loaded 9mm handgun. Officers also found small amounts of marijuana, MDMA, and cocaine in Johnson’s pockets.
In 2018, Johnson was convicted in federal court of possessing hydrocodone with the intent to distribute and possessing a firearm in furtherance of that drug trafficking crime. Judge Conley sentenced Johnson in April 2018 to six years in federal prison. Johnson was still on supervised release when arrested for this new offense. Judge Conley revoked his supervision based on the new criminal conduct and sentenced Johnson to an additional 9 months.
At sentencing, Judge Conley said that Johnson did not take steps to address his drug use and mental health issues while on federal supervision. Instead, as an addict, Johnson got a gun and went back to the same lifestyle that he led before going to federal prison the first time.
The charge against Johnson was the result of an investigation conducted by the Fitchburg Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan handled the prosecution.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Federal Jury Finds North Miami Man Guilty of Aiming Laser Pointer at Military Service and Law Enforcement HelicoptersRead the Press Release
MIAMI – Following a trial in Miami federal court, a jury has found Patrick E. Longsworth, 68, guilty of aiming a laser pointer at two United States Coast Guard helicopters and one Miami-Dade Police Department helicopter.
According to the evidence at trial, the defendant aimed a green laser pointer at three government helicopters in late November last year – two U.S. Coast Guard helicopters, and one Miami-Dade Police Department helicopter. During the first incident, the laser struck a U.S. Coast Guard rescue swimmer in the eye. Six days later, the Defendant again aimed his green laser pointer at a second U.S. Coast Guard helicopter. Within a half hour of the laser strike to the second U.S. Coast Guard helicopter, a Miami-Dade Police Department helicopter responded to the area and was also struck multiple times with a green laser. Miami-Dade Police Department officers caught that incident on video and were able to direct ground units to the defendant’s residence where they found the defendant in his backyard holding a green laser pointer.
An indictment charged Longsworth with three counts of aiming a laser pointer at an aircraft, in violation of 18 U.S.C. § 39A. Longsworth proceeded to trial. The jury found him guilty on all three counts.
Longsworth was previously charged in a criminal complaint under case number 22-mj-04163-JG.
Longsworth is scheduled to be sentenced on September 7 at 1:30 p.m. in Miami before U.S. District Judge Rodolfo Ruiz.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Zinnia P. James, U.S. Coast Guard Investigative Service (CGIS), Southeast Region, and Special Agent in Charge Todd A. Damiani, U.S. Department of Transportation-Office of Inspector General (DOT-OIG), Miami Field Office, announced the conviction.
CGIS and DOT-OIG investigated this case. Assistant U.S. Attorney Alexandra D. Comolli and Special Assistant U.S. Attorney Jessica Ayer prosecuted it.
The number of laser strikes reported to the Federal Aviation Administration has been increasing since 2018. Laser strikes on aircraft are a serious threat to aviation safety that can incapacitate pilots during flight and can cause eye injuries.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 23-cr-20017.
###
Federal Grand Jury Returns Indictment Charging Convicted Sex Offender with Failing to Update Sex Offender RegistrationRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment on June 21, 2023, charging a local man with failure to update his Sex Offender Registration as required by the Sex Offender Registration and Notification Act.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and United States Marshal Gary B. Burman of the Western District of Kentucky made the announcement.
According to the indictment, between September 8, 2017, and June 2023, Charles M. Burleson, 44, of Louisville, Kentucky, failed to register under the Sex Offender Registration and Notification Act (SORNA). Burleson was required to register by reason of a conviction under federal law and knowingly failed to update a registration as required by the Act.
The defendant made his initial court appearance this week and a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky conducted a detention hearing, after which the judge ordered that Burleson remain in federal custody. If convicted, Burleson faces a maximum sentence of 10 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
The case is being investigated by the United States Marshals Service and the Louisville Metro Police Department.
Assistant U.S. Attorney Jo E. Lawless is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Federal Court Orders Florida Pain Clinic to Close, Physician and Clinic Owners to Pay Civil Penalties for Alleged Role in Unlawful Opioid DistributionRead the Press Release
A federal court ordered a Tampa-area pain management clinic to close and entered judgments against the clinic’s owners and its former physician to restrict their ability to prescribe or distribute opioids in a case alleging violations of the Controlled Substances Act (CSA), the Justice Department announced today.
In a complaint filed in October 2022, the United States alleged that Dr. Vivian Herrero, Christopher Ferguson, and Patricia Ferguson violated the CSA by issuing prescriptions for controlled substances without a legitimate medical purpose. The complaint also alleged that the Fergusons used Phoenix Medical Management Care Centers Inc., a Tarpon Springs, Florida pain clinic, to unlawfully distribute controlled substances through the issuance of the illegitimate prescriptions. The complaint further alleged that two Phoenix patients died soon after receiving opioid prescriptions issued by Dr. Herrero, and that drug toxicity played a role in those deaths.
“Medical professionals who facilitate the unlawful use of opioids ignore their obligations under the law,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with its law enforcement partners to stop the illegal prescribing, dispensing and distribution of potentially dangerous prescription drugs.”
“Civil enforcement under the Controlled Substances Act continues to be a top priority for our district,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We will pursue those who seek to gain financially and otherwise from the unlawful distribution of controlled substances and, where appropriate, we will work to put them out of the controlled substances business.”
“When medical professionals fail to comply with the federal laws set forth in the Controlled Substances Act, they jeopardize the safety and health of our communities,” said Special Agent in Charge Deanne L. Reuter for the DEA Miami Field Division. “The DEA Miami Field Division remains committed to working with our law enforcement and regulatory partners to ensure compliance with these rules and regulations.”
The court’s order, entered on June 29 pursuant to agreed stipulations, permanently prohibits the Fergusons from employment involving the distribution of controlled substances. The order prohibits Dr. Herrero from prescribing controlled substances for 10 years and permanently prohibits her from prescribing controlled substances relating to pain management, in addition to other restrictions. The complaint alleged that Herrero wrote illegitimate prescriptions for powerful opioids and other drugs despite obvious signs of abuse or diversion and without a legitimate medical basis. The court also ordered the defendants to pay nearly $20,000 in civil penalties based on the defendants’ ability to pay.
U.S. District Judge Stephen Merryday entered the consent decree in U.S. District Court for the Middle District of Florida.
DEA’s Tactical Diversion Squad in the Tampa District Office conducted the investigation. The case was handled by Assistant U.S. Attorneys Lindsay S. Griffin and Kelley Howard-Allen and Trial Attorneys Scott B. Dahlquist and Thomas S. Rosso of the Justice Department’s Consumer Protection Branch.
The claims made in the complaint are merely allegations that the United States would need to prove if the case proceeded to trial.
Falls City Woman Sentenced for Conspiracy to Distribute of MethamphetamineRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Taylor Zimmerling, 27, of Falls City, Nebraska, was sentenced on July 6, 2023, by Senior United States District Court Judge John M. Gerrard to a term of 42 months’ imprisonment following her conviction for conspiracy to distribute 500 grams or more of methamphetamine. After she completes her prison sentence, Zimmerling will also serve three years on supervised release. There is no parole in the federal system.
Between January and June of 2021, Zimmerling and co-defendant Daniel Lock distributed methamphetamine in and around Falls City. Several cooperating witnesses told investigators that Zimmerling and Lock, who was also sentenced to 42 months’ incarceration and three years of supervised release, delivered distribution quantities of methamphetamine to them. On June 3, 2021, investigators executed a search warrant at Lock and Zimmerling’s residence in Falls City. Investigators located approximately 55 grams of methamphetamine, scales, packaging material, cash, and a police scanner. A search of cell phones belonging to Lock and Zimmerling revealed messages consistent with drug delivery, sales, and distribution. Zimmerling admitted that she and Lock had been going to another state to obtain methamphetamine which they delivered to others. She admitted that they had just picked up another batch of methamphetamine one day before the residential search warrant. A forensic scientist at the Nebraska State Patrol Crime Lab found the drug seizure to contain at least 44 grams of pure methamphetamine.
This case was investigated by the Richardson County Sheriff’s Office.
Eufaula Resident Sentenced to 121 Months for Distribution of MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Donald Ray Cowan, age 61, of Eufaula, Oklahoma, was sentenced to 121 months imprisonment for Distribution of Methamphetamine.
The charges arose from an investigation by the Drug Enforcement Administration.
On February 18, 2022, Cowan pleaded guilty to one count of Distribution of Methamphetamine. At the plea hearing, Cowan admitted to knowingly distributing more than 50 grams of actual methamphetamine, a Schedule II controlled substance, on December 10, 2022.
The Honorable Judge Timothy D. DeGuisti, Chief Judge in the United States District Court for the Western District of Oklahoma, sitting by appointment, presided over the sentencing in Oklahoma City. Cowan will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Dothan Man Sentenced for Federal Tax Evasion, Mail Fraud, and Drug ChargesRead the Press Release
Montgomery, Alabama – On July 6, 2023, Kenneth Cherden Glasgow, 58, from Dothan, Alabama, was sentenced to 30 months in federal prison for tax evasion, mail fraud, and drug conspiracy charges, announced United States Attorney Sandra J. Stewart. The judge also ordered that Glasgow serve three years of supervised release following his prison term and pay the IRS $376,720.00 in restitution. Glasgow pleaded guilty to the crimes on February 24, 2023.
According to court documents, Glasgow founded two nonprofit organizations, The Ordinary Peoples Society (TOPS) and Prodigal Child Project (PCP). He then solicited donations from other nonprofits and foundations, representing to them and to the IRS that he would use those donations for charitable purposes. Instead, Glasgow withdrew $407,450.00 in cash from the accounts of one of his nonprofit organizations during the 2018 calendar year alone. Glasgow used the money for his own benefit, and as a result, was required to report the funds as income on his tax return. However, Glasgow failed to even file a return for that year. In an attempt to conceal this activity, Glasgow provided erroneous information to his tax preparer, causing the preparer to complete IRS forms for Glasgow’s nonprofit organizations that vastly understated the income of the organizations and omitted the financial benefits Glasgow received from them. From 2016 to 2019, Glasgow withdrew a total of $1,300,848.54 in cash from TOPS and PCP, never accounting for that money on the nonprofits’ IRS forms or on any tax returns of his own.
Glasgow also mailed documents containing false statements to the Social Security Administration so that he could continue receiving Social Security disability benefits and related health benefits under the Medicare and Medicaid programs. These statements described his physical abilities and daily activities as being very limited, despite reporting that he worked 50 to 60 hours per week for his nonprofits on the nonprofits’ IRS forms. In some SSA forms, Glasgow claimed that his physical limitations were so severe that he had difficulty driving and had to ride with someone. These statements were not true. Court records show that Glasgow admitted to leasing a vehicle using funds from one of his nonprofits and listed himself as the sole authorized driver. In addition, Glasgow received traffic citations relating to approximately 27 different traffic stops between February 5, 2015, and August 11, 2020. All of the citations indicated that Glasgow was the driver.
Glasgow’s sentence also included a charge for conspiring with codefendant Willie Frank Peterson, 50, also from Dothan, to possess cocaine with intent to distribute. Peterson pleaded guilty to his involvement in the drug conspiracy on March 14, 2023. According to Peterson’s plea agreement, Glasgow agreed to purchase cocaine from Peterson in 2018 and 2019. Peterson’s sentencing hearing is currently scheduled for August 2, 2023.
The DEA, the FBI, IRS - Criminal Investigation, the U. S. Department of Health, and Human Services - Office of Inspector General, and the Social Security Administration - Office of Inspector General, investigated this case, with assistance from the Dothan Police Department. Assistant United States Attorneys Megan A. Kirkpatrick, Brandon W. Bates, and Stephen K. Moulton prosecuted the case.
District of Columbia Man Sentenced to 105 Months in Prison for Unlawful Possession of a FirearmRead the Press Release
WASHINGTON — Jermaine Dukes, 29, of Washington, D.C., was sentenced today to 105 months in prison for unlawful possession of a firearm and ammunition and unlawful possession with intent to distribute a mixture containing a detectable amount of marijuana.
According to court documents, on Aug. 4, 2022, two Metropolitan Police Department (“MPD”) Officers observed a man, later identified as Dukes, approach a vehicle parked in a parking lot in the 1400 block of Saratoga Ave. N.E. The officers watched as Dukes approached the vehicle, opened the trunk, and removed a large black bag. Dukes then reached into the black bag and pulled out a large plastic bag of marijuana. Dukes began separating the marijuana into smaller bags consistent with distribution and then watched as he weighed each small bag on a scale.
Court records say that MDP officers responded to the location for additional investigation. Officers then searched the vehicle and obtained over a pound of marijuana, two loaded firearms, and U.S. currency. Dukes was then arrested and transported in an enforcement vehicle for processing. An investigation into the matter determined that Dukes had possessed the two loaded firearms.
Dukes is prohibited from possessing a firearm or ammunition due to two previous felony convictions in the District of Columbia of felon in possession and possession with intent to distribute while armed.
Dukes pleaded guilty on April 6, 2023, to unlawful possession of a firearm and ammunition and unlawful possession with intent to distribute a mixture containing a detectable amount of marijuana.
Dukes was sentenced today by U.S. District Judge Trevor N. McFadden. Following completion of his prison term, he will be placed on 36 months of supervised release.
This case was investigated by the Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was prosecuted by Special Assistant U.S. Attorney Christine Ashley Pattison and Assistant U.S. Attorney Melissa Joy Jackson.
Des Moines Man Sentenced for Giving False Information During Firearm PurchaseRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Mani Deng, 31, of Des Moines, Iowa, was sentenced today in federal court in Lincoln, Nebraska, by Senior United States District Court Judge John M. Gerrard to a term of 13 months’ imprisonment following his conviction for giving false information during the purchase of firearms. After he completes his prison sentence, Deng will also serve three years on supervised release. There is no parole in the federal system.
On November 8, 2021, Deng purchased two firearms from Scheels in Omaha, Nebraska, a federally licensed firearms dealer. In connection with each firearm purchase, Deng had to fill out paperwork to include a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) form requiring a purchaser to list a current address. A current address is significant to the purchase of the firearm because, among other reasons, a federally licensed firearms dealer cannot legally sell a firearm to a person without accurate address information on the purchase paperwork. Deng wrote on the form and confirmed to the sales representative from Scheels that his address was located at a residence on North 28th Street in Lincoln, Nebraska; when in fact that was not where he was living on November 8, 2021. Witnesses, including the owners of the North 28th Street residence, told investigators that Deng was not living at that residence as of November 8 when Deng purchased the firearms. Deng admitted that he falsely represented his address with intent to deceive Scheels.
This case was investigated by the Lincoln Police Department and the Federal Bureau of Investigation.
Dentist Agrees to Pay $150,000 in Penalties for Alleged Controlled Substances ViolationsRead the Press Release
TULSA, Okla. – A 49-year-old Tulsa Dentist has agreed to a settlement following an investigation and allegations her practice violated the Controlled Substance Act.
Jennifer Burkitt DDS will pay $150,000 in penalties.
During an inspection of Burkitt’s dental practice, authorities discovered multiple violations that occurred Nov. 5, 2020, through June 9, 2022. Violations included failure to maintain effective controls against diversion of controlled substances, practicing dentistry in an unsafe or unsanitary manner, failing to maintain complete and accurate records of controlled substances, failing to retain proper forms and failure to maintain proper inventory. The investigation also discovered gross negligence by administering unsafe doses of legend drug to children.
“The CSA was enacted to protect the health and safety of the public,” said United States Attorney Clinton Johnson. “Our office is committed to holding health care providers accountable when they violate the law and fail to uphold their duties as gatekeepers to controlled substances.”
The government’s pursuit of this matter illustrates its emphasis on combating the diversion of controlled substances. Record keeping and other regulations applicable to Drug Enforcement Administration (DEA) registrants, including dentists, are the tools by which the DEA deters drug diversion.
The DEA conducted the investigation. Assistant U.S. Attorney Marianne Hardcastle prosecuted the case.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Cooperation Between United States and Mexican Law Enforcement Leads to Significant Actions Against Transnational Drug Trafficking OrganizationRead the Press Release
Today, U.S. and Mexican law enforcement announced significant enforcement actions against a prolific transnational drug trafficking organization operating in Nogales, Sonora, along the U.S.-Mexico border.
After extensive bilateral cooperation between the United States and Mexico, Mexico’s Attorney General’s Office, Fiscalía General de la República (FGR) – conducted a significant enforcement operation on June 23, 2023, to dismantle a prolific transnational drug trafficking organization operating in Nogales, Sonora, along the U.S.–Mexico border. The operation resulted in the arrest of five people and the seizure of 120,000 fentanyl pills, 15 pounds of methamphetamine, 17 pounds of heroin, 15 pounds of cocaine, three assault rifles, one 9mm handgun, and a vehicle.
In addition, seven U.S.-based coordinators and operators with alleged ties to the same drug-trafficking organization have been arrested and indicted in the United States. Gerardo Bernal-Mazon, 29, Ashley Bernal, 31, Jessica Yesenia Valenzuela, 32, and Delyanira Lovio, 29, all of Nogales, Arizona, Juan Murillo, 48, of Rio Rico, Arizona, and Lilian Sugey Siegfried, 38, of Tucson, Arizona, were indicted by a federal grand jury on drug trafficking charges on Feb. 2. George Armenta-Vasquez, 45, of Nogales, Sonora, Mexico, was indicted by a federal grand jury on Jan. 25.
“Transnational drug trafficking organizations pose an unprecedented public safety threat to both the United States and Mexico,” said Attorney General Merrick B. Garland. “These coordinated law enforcement actions demonstrate the success our countries can have when we work together to meet that threat.”
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Drug Enforcement Administration (DEA) – Nogales led the investigation in the United States, in concert with the DEA Mexico City Country Office, Homeland Security Investigations (HSI) – Nogales, U.S. Customs and Border Protection’s U.S. Border Patrol, U.S. Customs and Border Protection’s Office of Field Operation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives – Tucson. Support from DEA–Mexico City Country Office and FGR’s Agencia de Investigación Criminal (AIC) was critical in providing coordination between United States and Mexican law enforcement agencies. The U.S. Department of Justice’s Office of International Affairs provided assistance. The U.S. Attorney’s Office, District of Arizona, Tucson, is prosecuting the seven individuals named above.
Cooperation Between United States and Mexican Law Enforcement Leads to Significant Actions Against Transnational Drug Trafficking OrganizationRead the Press Release
TUCSON, Ariz. – Today, United States and Mexican law enforcement announced significant enforcement actions against a prolific transnational drug trafficking organization operating in Nogales, Sonora, along the U.S.-Mexico border.
After extensive bilateral cooperation between the United States and Mexico, Mexico’s Attorney General’s Office, Fiscalía General de la República (FGR) – conducted a significant enforcement operation on June 23, 2023, to dismantle a prolific transnational drug trafficking organization operating in Nogales, Sonora, along the U.S.–Mexico border. The operation resulted in the arrest of five people and the seizure of 120,000 fentanyl pills, 15 pounds of methamphetamine, 17 pounds of heroin, 15 pounds of cocaine, 3 assault rifles, one 9mm handgun, and a vehicle.
In addition, seven U.S.-based coordinators and operators with alleged ties to the same drug-trafficking organization have been arrested and indicted in the United States. Gerardo Bernal-Mazon, 29, Ashley Bernal, 31, Jessica Yesenia Valenzuela, 32, and Delyanira Lovio, 29, all of Nogales, Arizona, Juan Murillo, 48, of Rio Rico, Arizona, and Lilian Sugey Siegfried, 38, of Tucson, Arizona, were indicted by a federal grand jury on drug trafficking charges on February 2, 2023. George Armenta-Vasquez, 45, of Nogales, Sonora, Mexico, was indicted by a federal grand jury on January 25, 2023.
“Transnational drug trafficking organizations pose an unprecedented public safety threat to both the United States and Mexico,” said Attorney General Merrick B. Garland. “These coordinated law enforcement actions demonstrate the success our countries can have when we work together to meet that threat.”
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Drug Enforcement Administration (DEA) – Nogales led the investigation in the United States, in concert with the DEA Mexico City Country Office, Homeland Security Investigations (HSI) – Nogales, U.S. Customs and Border Protection’s U.S. Border Patrol, U.S. Customs and Border Protection Office of Field Operation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives – Tucson. Support from DEA–Mexico City Country Office and FGR’s Agencia de Investigación Criminal (AIC) was critical in providing coordination between United States and Mexican law enforcement agencies. The U.S. Department of Justice’s Office of International Affairs provided assistance. The United States Attorney’s Office, District of Arizona, Tucson, is prosecuting the seven individuals named above.
CASE NUMBER: CR-23-00124-TUC-SHR (JR)
RELEASE NUMBER: 2023-104_Bernal-Mazon, et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Collin County Man Sentenced for Federal Violations Related to Health Care Fraud SchemeRead the Press Release
PLANO, Texas – A Frisco man has been sentenced to federal prison for wire fraud violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Oscar Simon Ndereva, 45, pleaded guilty to wire fraud and was sentenced to 54 months in federal prison by U.S. District Judge Sean D. Jordan.
According to information presented in court, Ndereva was involved in an intricate scheme to defraud private pay health insurance payors. Specifically, he used a fraudulent healthcare pharmacy called “Healogix” to submit fraudulent claims. Ndereva caused the fraudulently obtained funds to be paid directly to bank accounts he opened in the name of another individual. Over the course of the scheme, Ndereva moved money through various accounts in order to conceal the nature and source of those funds, and also structured check cashing transactions to avoid financial reporting requirements and to evade law enforcement detection. In all, Ndereva's company Healogix submitted over 780 fraudulent claims totaling over $5 million.
This case was investigated by the FBI and Health and Human Service – Office of Inspector General.
###
Claremore Man Sentenced for Sexual AbuseRead the Press Release
Tulsa, Okla. – A Cherokee citizen from Claremore was sentenced for aggravated sexual abuse of a minor under 12 in Indian Country and sexual abuse of a minor in Indian Country announced U.S. Attorney Clint Johnson.
Raymond Dale Dudley, 61, was sentenced July 6 2023, by U.S. District Judge Gregory K. Frizzell to 40 years for count one, aggravated sexual abuse of a minor under 12 in Indian Country, and 15 years for count two, sexual abuse of a minor in Indian Country. Frizzell further ordered the sentences to run concurrently followed by supervised release, and fined Dudley $50,000.
“The defendant repeatedly abused his own daughter and coerced her into lying about it to avoid prosecution,” said U.S. Attorney Clinton Johnson. “The court made it clear that the abuse, betrayal, and blame shifting inflicted on the victim warranted a lengthy sentence.”
According to his plea agreement, Dudley admitted that he sexually abused the victim between 2009 and 2013. He further admitted that the abuse started when she was approximately nine years old and lasted until she was 13 years old.
In a court filing, the prosecutor elaborated that in 2013, the victim’s older sister reported that she had been sexually abused by Dudley. At that time, Dudley promised the younger victim that he would stop abusing her if she hid the sexual abuse from child protective services workers when they investigated the older sister’s abuse. The younger victim complied, denying any abuse when she was interviewed at the home in 2013. The Oklahoma Department of Human Services closed the investigation. In 2015, the older sister again disclosed that Dudley abused her, but the Oklahoma Department of Human Services closed the referral, citing the 2013 case closure.
In 2021, the younger victim, now an adult, spoke about the abuse with an individual she trusted. Soon after, the victim reported the crimes to the Claremore Police Department. The younger victim disclosed Dudley repeatedly abused her, and it started when she was nine years old. Investigators also spoke to the older victim who reported being abused by Dudley.
The FBI and Claremore Police Department investigated the case.
Assistant U.S. Attorneys Chantelle D. Dial and Valeria G. Luster prosecuted the case.
The case is part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.