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28 October 2022
Idaho Business Owner Pleads Guilty to Criminal Clean Air Act Violation in Connection with Asbestos ExposureRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Alexander Borys Mischenko, age 75, of Priest River, Idaho, pled guilty to criminal violation of the Clean Air Act in connection with asbestos contamination at a site in Spokane in 2018. Senior District Judge Rosanna Malouf Peterson accepted Mischenko’s guilty plea, and set sentencing for January 24, 2023, at 2 p.m. in Spokane, Washington.
According to the plea agreement and other information disclosed during court proceedings, in October 2017, Mischenko and his company, Buck Creek Sales, signed a contract to dismantle a legacy industrial building located on Magnesium Road in North Spokane and known as “Building 5.” Mischenko’s contract included funding to commission and perform an asbestos survey to determine whether and to what extent Building 5 contained asbestos.
Asbestos is a naturally-occurring mineral that, due to its insulating and fire-resistant properties, was a commonly-used material in buildings constructed prior to 1980, such as Building 5. Because inhalation of asbestos fibers has been linked to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, asbestos-containing material is regulated by the Environmental Protection Agency (EPA) and, in Spokane County, by the Spokane Regional Clean Air Agency (SRCAA).
According to information disclosed in court, in late 2017, a certified asbestos inspector did perform an asbestos survey of Building 5. The survey showed significant quantities of asbestos-containing material in Building 5, including approximately 2,600 linear feet of asbestos-containing material known as thermal systems insulation (TSI). The survey noted that the asbestos-containing TSI was “friable” (that is, easily crumbled with hand pressure), and, therefore, “will require removal by a licensed asbestos contractor prior to any renovation or demolition activity that would directly impact these materials.” Mischenko was provided a copy of the survey report on or about December 4, 2017.
Subsequent to receiving the survey results, Mischenko, who was not a licensed asbestos contractor, and at least one employee, cut the asbestos-containing TSI off of the pipe and disposed of the pipe. Mischenko then placed the asbestos-containing TSI into 14 unsealed sacks and one open-top wooden crate, and moved the sacks and the crate to a nearby building, where they remained until they were found by inspectors from SRCAA and, later, EPA. Mischenko did not notify SRCAA or EPA prior to engaging in the work, which, due to the work methods employed by Mischenko, released significant quantities of asbestos fibers into the air as well as scattered on the floor of Building 5.
In summer 2022, U.S. Attorney Waldref, who previously served as Trial Attorney with DOJ’s Environment and Natural Resources Division and an environmental law professor at Gonzaga University’s School of Law, was selected to lead the Environmental Justice & Environmental Issues Subcommittee for the Attorney General’s Advisory Committee. As the subcommittee chair, U.S. Attorney Waldref plays a key role in leading and coordinating DOJ’s criminal and civil environmental enforcement efforts.
“Environmental Justice is a critical public health priority,” said U.S. Attorney Waldref. “When businesses or individuals cut corners to save money, and fail to take seriously the public health risk posed by dangerous contaminants like asbestos, the entire community is harmed, but the harm falls disproportionately on marginalized and disadvantaged members of our community who are more likely to be affected and less likely to have access to health care and other services.”
Pursuant to the terms of the Plea Agreement, Mischenko faces up to two years in federal prison for failing to notify EPA and SRCAA prior to undertaking the asbestos work, and must make full restitution to all victims in an amount to be determined at sentencing.
“I commend the wonderful work by the Spokane Regional Clean Air Agency in uncovering this dangerous situation and quickly working to address it, as well as the stellar investigative work by EPA’s Criminal Investigation Division,” added Assistant United States Attorney Dan Fruchter, the District’s Environmental Crimes Coordinator. “We will continue to work with our state and federal law enforcement partners to protect public health and our precious natural resources.”
U.S. Attorney Vanessa Waldref encourages residents to contact the U.S. Attorney’s Office at (590) 835-6306 or by email at USAWAE.Environment@usdoj.gov when also contacting local, state, or federal agency hotlines or websites to report environmental, health and safety concerns. Air quality violations can be reported to the EPA at: https://echo.epa.gov/reportenvironmental-violations.
Hartford Man Who Illegally Possessed Handgun in Manchester Sentenced to PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that MICHAEL JONES, 26, of Hartford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 18 months of imprisonment, followed by three years of supervised release, for unlawfully possessing a firearm. Judge Underhill also ordered Jones to serve the first six months of his supervised release in home confinement and to perform 100 hours of community service.
According to court documents and statements made in court, on July 24, 2021, Jones pointed a firearm at another individual outside of a hookah lounge on Broad Street in Manchester. When Manchester Police arrived on the scene, Jones attempted to flee and discarded the firearm in the rear parking lot of the lounge. Jones was apprehended and the firearm, a loaded Taurus G2C 9mm pistol with an extended magazine and an obliterated serial number, was recovered.
Prior to July 2021, Jones was convicted in state court of criminal possession of a firearm. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Jones has been detained since his arrest. On June 15, 2022, he pleaded guilty to unlawful possession of a firearm by a felon.
This matter was investigated by the Federal Bureau of Investigation’s Connecticut Violent Crime Task Force, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Manchester Police Department. This case was prosecuted by Assistant U.S. Attorney Stephanie T. Levick and Patricia Stolfi Collins.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Grand Rapids Man Sentenced to Nearly Six Years in Prison for Unlawfully Possessing FirearmsRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that Ernest James Jones, Jr., 22, of Grand Rapids, was sentenced to 70 months in prison for being a felon in possession of firearms. U.S. District Judge Paul Maloney also imposed a 3-year period of supervised release to follow Jones’s incarceration.
“Reducing gun crime and preserving the safety of our communities are priorities for my office,” said U.S. Attorney Mark Totten. “We are committed to working with the ATF and our law enforcement partners to disrupt illegal, black market weapon sales to minimize illegal guns on the streets of West Michigan.”
In December 2021, Jones was sentenced to jail on a state weapons conviction. The day he was released from jail in January 2022, Jones offered to sell guns to a confidential informant working for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Jones sold stolen guns to the informant on four different occasions and believed, based on conversations with the informant, that the informant was also involved in illegal gun sales. Two of the guns Jones sold were used in shootings in Grand Rapids in 2020.
“This case illustrates how ATF utilizes crime gun intelligence to effectively identify and remove violent criminals from our communities,” said Assistant Special Agent in Charge Craig Kailimai, “The efforts of our federal, state, tribal, and local partnerships have had a significant impact on reducing the threat of gun violence.”
Judge Maloney described Jones’s conduct as “grave indeed” and “emblematic of what is going on in communities across the State of Michigan and the country.” Jones is a “threat to the public,” Judge Maloney said, and those who illegally possess and traffic guns need to know that “they will face a significant penalty if convicted.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the ATF and prosecuted by Assistant United States Attorney Adam Townshend.
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Fresno Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
FRESNO, Calif. — Darien Williams, 24, of Fresno, pleaded guilty today to being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Aug. 26, 2021, in Fresno, law enforcement officers tried to stop a car in which Williams was a passenger. The driver failed to yield, sped away, and crashed into another car. After the crash, Williams fled on foot. While fleeing, he discarded a loaded handgun that officers found after they caught and arrested Williams. Williams is prohibited from possessing firearms because of his prior felony record.
This case is the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
Williams is scheduled to be sentenced on Jan. 27, 2023, by U.S. District Judge Jennifer L. Thurston. Williams faces a maximum sentence of 10 years in prison and a fine up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
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 U.S. Department of Justice 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.
Fredericksburg Meth Dealer Sentenced to 18 Years in PrisonRead the Press Release
RICHMOND, Va. – A Fredericksburg man was sentenced yesterday to 18 years in prison for distributing and possessing with the intent to distribute high-grade methamphetamine.
According to court documents, between October 19, 2021, and November 10, 2021, Briceton Grant, 36, distributed or possessed with the intent to distribute approximately 8 pounds—nearly four kilograms—of methamphetamine having purity levels well in excess of 90%. This grade of methamphetamine is referred to as “Ice” or “Crystal Meth” and is often manufactured in super labs outside of the United States. In addition to the methamphetamine, at the time of his arrest, Grant was also in possession of 90 pills containing fentanyl, three grams of cocaine, and $4,590 in United States currency.
Grant was named in a four-count criminal indictment that was returned by a Richmond federal grand jury on June 7 and entered a guilty plea on June 21 to one count of distribution of 50 grams or more of methamphetamine.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Stanley M. Meador, Special Agent in Charge of the FBI Richmond Field Office; and Brian Layton, Chief of Fredericksburg Police, made the announcement after sentencing by U.S. District Judge David J. Novak.
This case was investigated by the FBI Richmond’s Fredericksburg Regional Narcotics Task Force.
Assistant U.S. Attorney Angela Mastandrea-Miller prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:22-cr-078.
Four Suspected Niagara Falls Gang Members Charged with Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that four defendants have been charged by criminal complaint with conspiracy to possess with intent to distribute, and distribute, heroin, cocaine, and fentanyl, which carries a maximum penalty of 20 years in prison and a $1,000,000 fine. Named in the complaint are:
• Cameron Lee a/k/a Killer a/k/a Killer Cam, 28; • Michael Pryor a/k/a Ikey, 25; • Shawn Pryor a/k/a Ghost, 31; and
• Ahmadja Greene, 28, all of Niagara Falls, NY.Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that according to the complaint, in January 2022, the FBI Safe Streets Task Force, Niagara Falls Police Department, and Niagara County Sheriff's Office began investigating a criminal street gang with ties to the “Crips,” operating in and around Niagara Falls and Rochester, NY. Lee, Michael Pryor, Shawn Pryor, and Greene were identified as members/associates of the Crips. The investigation revealed that the four defendants conspired to sell crack cocaine, fentanyl, and heroin. Between March and July 2022, investigators conducted seven controlled purchases from the defendants. In addition, between August and October 2022, investigators conducted six controlled purchases from Michael Pryor and between August and September 2022, they conducted three controlled purchases from Shawn Pryor. The investigation also determined that during the conspiracy, Michael Pryor and Shawn Pryor pistol whipped and beat a person believed to be involved in narcotics trafficking.
On October 13, 2022, a search warrant was executed Cameron Lee’s Orleans Avenue residence, during which investigators seized approximately 59 grams of suspected cocaine, approximately 78 grams of suspected heroin/fentanyl, jewelry, three cellular telephones, and approximately $19,000 in United States currency.
The complaint is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Michael Stansbury, the Niagara Falls Police Department, under the direction of Chief John Faso, and the Niagara County Sheriff's Office, under the direction of Sheriff Michael Filicetti.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Four Southern Missouri Men Sentenced for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Four southern Missouri men were sentenced in federal court today for their roles in a conspiracy to distribute large quantities of methamphetamine.
Patrick A. Dodson, also known as “Julio,” 42, and Leslie O. Collins, 48, bdoth of West Plains, Mo., Samuel L. Pyatt, also known as “Tippy,” 47, of Pomona, Mo., and Christopher L. Dusenbury, 32, of Bowling Green, Mo., were sentenced in separate appearances before U.S. Chief District Judge Beth Phillips.
Dodson was sentenced to 23 years in federal prison without parole. Pyatt was sentenced to 20 years in federal prison without parole. Dusenbury was sentenced to 11 years and three months in federal prison without parole. Collins was sentenced to four years in federal prison without parole.
Dodson and Pyatt pleaded guilty to participating in a conspiracy to distribute methamphetamine from Feb. 28, 2017, to Feb. 28, 2020. Dodson and Pyatt obtained methamphetamine from co-defendant James W. Fithen, Jr., also known as “Boss,” 37, of West Plains, who acquired kilogram-level quantities of methamphetamine from Mexico. Dodson and Pyatt then distributed the methamphetamine to others. Dodson admitted he was involved in the distribution of methamphetamine for approximately four years. During that time, the Fithen drug-trafficking organization was selling, on average, 10 kilograms of methamphetamine per month, at a profit of approximately $100,000 per month.
Dodson also pleaded guilty to possessing a firearm in furtherance of a drug-trafficking crime and to two counts of being a felon and unlawful user of a controlled substance in possession of a firearm. Dodson admitted that he was in possession of a Ruger 9mm pistol on Oct. 6, 2019, in furtherance of a drug-trafficking crime and while he was a felon and a drug user. Dodson also admitted that he was in possession of a Bryco 9mm pistol on Dec. 17, 2019, while he was a felon and a drug user.
Dusenbury pleaded guilty to aiding and abetting the distribution of methamphetamine and to possessing a firearm in furtherance of a drug-trafficking crime. Collins pleaded guilty to controlling a place for the distribution of illegal drugs.
Fithen has pleaded guilty to his role in the drug-trafficking conspiracy, as well as to aiding and abetting the attempted possession of methamphetamine to distribute, and awaits sentencing.
Co-defendant Bradley J. Russell , 58, of West Plains, was sentenced on Oct. 6, 2021, to 15 years in federal prison without parole. Seven additional co-defendants also have pleaded guilty and await sentencing.
Dodson was the passenger in a vehicle that led police officers on a high-speed chase in Howell County, Mo., on Oct. 6, 2019. A Howell County sheriff’s deputy saw several items being thrown out of his vehicle during the chase. The driver lost control of the vehicle and struck an embankment, knocking down two fence posts. The deputy saw the loaded Ruger pistol thrown from the vehicle, to which Dodson later admitted possessing. Dodson and the driver were arrested; Dodson was in possession of .82 grams of methamphetamine and $170 in cash. Officers recovered two boxes with fentanyl patches and a plastic bag that contained marijuana, which had been thrown from the vehicle. Officers searched the vehicle and found methamphetamine, fentanyl patches, marijuana, cash and drug paraphernalia.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Dodson has five prior felony convictions, including a conviction for possession of a controlled substance.
On April 16, 2020, law enforcement was informed that a county employee who was grading the gravel road on County Road 2630, approximately a quarter mile north of State Route N Highway, had located an unknown quantity of suspected methamphetamine inside a .30-caliber ammunition container. At that time, the officer recalled having a conversation with Dodson in late 2019 in which Dodson stated he had placed an ammunition can containing approximately one to two kilograms of methamphetamine somewhere around State Route N in Pomona. Dodson told the officer he was high when he hid it and had spent two weeks trying to locate it. The officer recovered the container and the methamphetamine.
This case is being prosecuted by Assistant U.S. Attorney Jessica R. Eatmon. It was investigated by the South Central Drug Task Force, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Howell, Mo., Sheriff’s Department, the West Plains, Mo., Police Department, the Arkansas State Police, the Fulton County, Ark., Sheriff’s Department, and the Arkansas 16th Judicial Drug Task Force.
Four Accused of Selling Drugs, Guns in St. Louis and FentonRead the Press Release
ST. LOUIS – Four men from Jefferson County have been indicted on federal charges accusing them of selling guns and drugs in St. Louis, Missouri and Jefferson County this year.
All four were indicted October 19 in U.S. District Court in St. Louis and the final two defendants appeared in court Friday.
Donye “El Baggo” Peace, 18, was indicted on four counts of distribution of cocaine, one count of possession of a firearm in furtherance of drug-trafficking crimes and one count of unlicensed firearms trafficking. Anneyus D. James, 18, is facing one drug count. Otis M. Patterson, 21, and Theordore Bradford, 18, are facing one drug count and one each of the firearm charges.
Peace advertised illegal drugs on Instagram and met buyers in public areas as his co-defendants stood guard, Assistant U.S. Attorney Ryan Finlen said in court. He also advertised firearms for sale on Instagram, allowing buyers to avoid a background check that would be required during a sale with a licensed firearm dealer, Finlen said.
Undercover agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives bought drugs and guns from Peace and Patterson, with Bradford standing guard with an AR-15 during one sale, a detention motion says.
The drug charge carries a penalty of up to 20 years in prison, and the gun charges carry possible penalties of up to five years.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Ryan Finlen is prosecuting the case.
Former Youth Director at Fort Leonard Wood Sentenced to 30 Years for Child Sexual AbuseRead the Press Release
SPRINGFIELD, Mo. – A former soldier in the Army National Guard was sentenced in federal court today for sexually abusing four children over several years while he was director of the youth ministry at Fort Leonard Wood U.S. Army Base.
David J. McKay, 43, of Waynesville, Mo., was sentenced by U.S. Chief District Judge Beth Phillips to 30 years in federal prison without parole. The court also sentenced McKay to spend the rest of his life on supervised release following incarceration.
On April 29, 2021, McKay pleaded guilty to one count of transporting a minor to engage in criminal sexual activity and four counts of sexually abusing a minor.
McKay, at the time an Army National Guard First Sergeant, was the youth ministry director for the Religious Services Office at Fort Leonard Wood. McKay is not currently serving as a member of the National Guard.
McKay admitted that he sexually abused four victims, ranging in age from 11 to 17 years old, on dozens of occasions from 2010 to 2017. The sexual abuse occurred at Fort Leonard Wood and various other locations within Pulaski County, Mo. The victims also reported being abused during the youth group’s ski trips to Colorado and on camping trips at Fort Leonard Wood.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the U.S. Army Criminal Investigation Command at the Fort Leonard Wood Army Base, the Pulaski County, Mo., Prosecutor’s Office, and the Waynesville, Mo., Police Department.
Project Safe Childhood
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."
Former Tribal Councilmember Sentenced to Federal PrisonRead the Press Release
Jackson, Miss. – A former tribal councilmember for the Mississippi Band of Choctaw Indians was sentenced to 84 months in prison for embezzlement, perjury, and suborning perjury, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Kevin Joseph Edwards, 51, of the Standing Pine Community, embezzled $12,178.40 from the Tribe by submitting fraudulent travel documents for reimbursement. Edwards was indicted for the embezzlement in February of 2019. Once indicted on the embezzlement, Edwards was released on bond. While on bond, Edwards possessed a firearm. A petition to revoke his bond was filed in federal court, and during a hearing conducted in the United States Magistrate Court, Edwards committed perjury and convinced another person to commit perjury on his behalf during the hearing.
Edwards entered a plea of guilty to the embezzlement in February of 2021, and later pled guilty to the perjury charges in June of 2022. As stated in court, Edwards admitted to embezzling funds from the Mississippi Band of Choctaw Indians and his role in committing and suborning perjury in federal court.
Edwards was sentenced to a prison term of 84 months, to be followed by a term of 36 months supervised release. Edwards was also ordered to pay restitution in the amount of $12,178.40. The sentencing took place in the Thad Cochran Federal Courthouse in Jackson, Mississippi.
U.S. Attorney LaMarca commended the work of the Federal Bureau of Investigation who investigated the case.
The case was prosecuted by Assistant United States Attorney Kevin J. Payne.
Former Santa Rita Jail Inmate Sentenced to 7 Years for Distributing Fentanyl That Killed Fellow InmateRead the Press Release
OAKLAND – A federal judge today sentenced Kameron Patricia Reid to 84 months in prison for distributing fentanyl that killed an inmate at the Santa Rita Jail, announced United States Attorney Stephane M. Hinds, FBI San Francisco Special Agent in Charge Robert K. Tripp, and Drug Enforcement Administration Acting Special Agent in Charge Bob P. Beris. The sentence was handed down by United States District Judge Jon S. Tigar.
In a written plea agreement entered earlier, Reid, 38, of San Leandro, described the events that led to her fellow inmate’s death on May 16, 2021. Reid was incarcerated at the time in Santa Rita Jail located in Dublin, Alameda County. She admitted that during her incarceration she distributed fentanyl within the jail, hiding the fentanyl from correctional officers by concealing it in a cavity of her body. On May 16, Reid provided fentanyl to two inmates identified in the plea agreement as “Victim 1” and “Inmate 2.” She saw both inmates ingest the fentanyl, and each became visibly intoxicated. Reid suspected Victim 1 was overdosing. In her plea agreement Reid admitted she did not call for assistance for fear of getting into trouble. Instead, she flushed the rest of her fentanyl down a toilet. Another inmate eventually called for assistance, but Victim 1 died. Reid admitted in her plea agreement that she then lied to investigators about her role in Victim 1’s death.
The government described in its sentencing memo filed for today’s hearing that Reid distributed fentanyl to multiple inmates at Santa Rita Jail from approximately April 23, 2021, when Reid was arrested by San Leandro police officers and found with fentanyl, until her release in May 2021. The day before Victim 1’s death, Reid distributed pink-colored fentanyl to Victim 1 and Inmate 2. After learning the pink fentanyl created little effect on the inmates, the next day – May 16 – Reid provided Victim 1 and Inmate 2 with white-colored fentanyl. According to the government’s sentencing memo, Reid knew the white-colored fentanyl was stronger and referred to it as the “big dog.” The sentencing memo further describes that once Victim 1 ingested the white fentanyl and showed signs of overdosing, Reid checked on the victim multiple times but never summoned help. Hours later another inmate summoned assistance, and a half hour after that Victim 1 was pronounced dead. The government argued in its sentencing memo that Reid’s distribution of fentanyl was reckless and her failure to summon help was callous, selfish, and cruel.
In addition to the 84 month sentence, United States District Judge Tigar ordered Reid to serve a three year period of supervision when she leaves prison. Reid was in custody at her sentencing hearing and begins serving her sentence immediately.
Assistant U.S. Attorney Molly K. Priedeman of the Oakland Branch of the United States Attorney’s Office is prosecuting the case with the assistance of Leeya Kekona. The prosecution is the result of an investigation by the FBI, DEA, and the Alameda County Sheriff’s Office.
One Pill Can Kill: Avoid pills bought on the street because One Pill Can Kill. Fentanyl is a highly potent opiate that drug dealers dilute with cutting agents to make counterfeit prescription pills that appear to be Oxycodone, Percocet, Xanax, and other drugs. Fentanyl is used because it’s cheap. Small variations in the quantity or quality of fentanyl in a fake prescription pill can accidentally create a lethal dosage. Fentanyl has now become the leading cause of drug poisoning deaths in the United States. Fake prescription pills laced with fentanyl are usually shaped and colored to look like pills sold at pharmacies, like Percocet and Xanax. For example, fake prescription pills known as “M30s” imitate Oxycodone obtained from a pharmacy, but when sold on the street the pills routinely contain fentanyl. These particular pills are usually round tablets and often light blue in color, though they may be in different shapes and a rainbow of colors. They often have “M” and “30” imprinted on opposite sides of the pill. Do not take these or any other pills bought on the street – they are routinely fake and poisonous, and you won’t know until it’s too late.
Former Police Officer Convicted of Money LaunderingRead the Press Release
Georgia man becomes last of five defendants convicted in prosecution of conspiracy to obtain more than $1 million in COVID-19 relief funds
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that former Clayton County, Georgia police officer Andre Jackson has been convicted of attempting to launder $500,000 in fraudulently obtained COVID-19 relief funds. Jackson faces up to 10 years in prison.
"Andre Jackson and his co-conspirators chose to exploit COVID-19 relief funds as an opportunity to get rich quick by stealing funds intended to keep workers from losing their jobs,” said U.S. Attorney Totten. “That is unacceptable, and my office remains committed to holding fraudsters fully accountable for their misdeeds.”
In 2020, Jackson introduced fellow Georgia resident James Williams to Jemar Mason and David Kurbanov, both residents of the Western District of Michigan. Williams helped Mason and Kurbanov prepare fraudulent applications for Paycheck Protection Program loans authorized by the Coronavirus Aid, Relief, and Economic Security ("CARES") Act.
Jackson and his co-conspirators exploited the program to obtain approximately $1.495 million in fraud proceeds. Afterwards, Jackson attempted to launder some of the proceeds by directing two of his confederates to wire $500,000 to an overseas bank account that Jackson selected. Investigators from the Internal Revenue Service detected the plot and took steps to freeze the bank accounts of the conspirators, ultimately recovering approximately $1.123 million of the fraud proceeds.
“Today, Andre Jackson has been held accountable for his actions in conspiring to steal over one million dollars designed to provide relief to small businesses during the Covid-19 pandemic,” said Acting Special Agent in Charge Charles Miller, IRS Criminal Investigation, Detroit Field Office. “IRS-CI is dedicated to working with our law enforcement partners to combat and prevent fraud related to the CARES Act.”
Federal prosecutors in the Western District of Michigan brought charges against five co-defendants, including Jackson, all of whom have now been convicted in connection with the scheme. Jackson faces up to 10 years in prison and is scheduled for sentencing on February 23, 2023. This case was prosecuted by Assistant U.S. Attorneys Jonathan Roth, Kristin Pinkston, and Austin Hakes. It is proceeding before U.S. District Judge Jane M. Beckering.
The charges in this case were part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, dubbed Operation Cashout, by law enforcement officers in the Western District of Michigan and the Northern District of Georgia, including the Internal Revenue Service – Criminal Investigation, Drug Enforcement Administration, Federal Bureau of Investigation, United States Postal Inspection Service, United States Secret Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Michigan State Police, Kent Area Narcotics Enforcement Team (KANET), and the Grand Rapids Police Department.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The CARES Act is a federal law designed to provide emergency financial assistance to millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses through the PPP program, which was designed to provide small businesses with loans to keep employees on payroll.
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Media note: Other noteworthy pandemic-related fraud cases prosecuted by the U.S. Attorney’s Office for the Western District include the following: Owners Of Grand Rapids Trucking Company Plead Guilty To Bank Fraud Conspiracy, Pay $1,000,000 In Related Civil Case, In Connection With Covid-19 Relief Fraud and Six Defendants Charged In $1 Million Covid Fraud Schemes.
Former New Jersey Man Sentenced to Federal Prison for Role in Scheme to Defraud Elderly OregonianRead the Press Release
EUGENE, Ore.—A man formerly residing in Newark, New Jersey was sentenced to federal prison today for his role in a scheme to deceive and cheat $1 million from an elderly man residing in Roseburg, Oregon.
Thomas Gerard Mautone, 43, was sentenced to 30 months in federal prison and three years’ supervised release. Mautone was also ordered to pay $1 million in restitution to his victim.
According to court documents and trial testimony, Mautone was one of five individuals who together perpetrated a scheme to convince an elderly man to invest $1 million in a fraudulent high-yield international investment scam. In July 2015, one of Mautone’s co-defendants, Jared Mack, 46, of Utah, made initial contact with the victim to pitch an investment opportunity claiming to produce weekly returns of 20%. Once the victim expressed interest in the purported investment opportunity – and produced evidence he had $1 million to invest – Mack introduced him to Mautone, the supposed connection to investment “platform partner,” and codefendant Olabode Olukanni, 39, of New York.
For several months, Mautone and his co-defendants maintained frequent contact with the victim and repeatedly attempted to assure him, via a series of increasingly intimidating and pressure-laden communications, of the investment opportunity’s legitimacy, low risk, and promised returns. Mautone made these false representations despite knowing that others had their money stolen by his supposed Hong Kong investment partner, and despite being convicted only two years earlier of wire fraud for pitching a similar high-yield investment scam in South Carolina.
In December 2015, following this monthslong pressure campaign, the victim wired $1 million to a bank account in Dubai, United Arab Emirates, which was controlled by codefendant Rovshan Bahader Oglu Qasimov, 38, of Azerbaijan. Qasimov immediately withdrew the money and used it to purchase gold from a jewelry store in Dubai. The victim never saw his money again, nor did he receive the promised investment returns.
On June 21, 2017, a federal grand jury in Eugene returned a six-count indictment charging Mautone, Mack, Olukanni, and Qasimov with wire fraud.
On May 13, 2022, Mautone was convicted at trial by a jury in Eugene.
Mack, Olukanni, and Qasimov all pleaded guilty and were sentenced for their roles in the scheme.
This case was investigated by the FBI. It was prosecuted by Gavin W. Bruce and William M. McLaren, Assistant U.S. Attorneys for the District of Oregon.
Former Controller of Chicago Health Club Admits Embezzling More Than $4 MillionRead the Press Release
CHICAGO — The former controller of a Chicago health club has pleaded guilty to a federal fraud charge for embezzling more than $4 million from the club.
PETER CRAIG SAVELY, 58, of Chicago, pleaded guilty Thursday to one count of bank fraud. The conviction is punishable by a maximum sentence of 30 years in federal prison and a fine of up to $1 million, and restitution is mandatory. U.S. District Judge Ronald A. Guzman set sentencing for Feb. 2, 2023, at 2:00 p.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Douglas Zloto, Special Agent-in-Charge of the U.S. Secret Service Chicago Field Office; and David Brown, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Elly M. Peirson.
Savely admitted in a plea agreement that from 2013 to 2020 he issued purported payroll checks on the club’s bank account to four employees. Savely signed the checks as the club’s controller and, since the checks also required the signature of the club’s Chief Financial Officer, forged the CFO’s signature without the CFO’s knowledge, the plea agreement states. Savely then forged the payees’ signatures to fraudulently endorse the checks and deposited them into bank accounts that he controlled, the plea agreement states. As a result of the fraud scheme, Savely converted more than $4.1 million for his own personal use. Savely admitted that he attempted to conceal the embezzlement by regularly making false entries in the club’s financial ledgers and causing the losses associated with the checks to be spread across multiple departments, thereby making the losses harder to detect.
Final defendants in Washington, Ga., area drug trafficking conspiracy enter guilty pleasRead the Press Release
AUGUSTA, GA: The last of 21 defendants in a Wilkes County, Ga., area drug trafficking conspiracy have now entered guilty pleas, wrapping up prosecution of a crime ring that distributed methamphetamine and other drugs in the Southern District of Georgia.
Timothy Derrick Pettus, a/k/a “TP,” 54, of Duluth, Ga., awaits sentencing after pleading guilty to Conspiracy to Possess with Intent to Distribute, and to Distribute, Methamphetamine, Cocaine, and Marijuana, said David H. Estes, U.S. Attorney for the Southern District of Georgia. Pettus’ plea represents the final determination of guilt for the 21 defendants indicted in July 2021 in USA v. Wynn et. al, dubbed Operation Wynner Storm.
“The teamwork of the Wilkes County Sheriff’s Office with other local, state, and federal agencies identified and dismantled a violence-prone criminal organization distributing dangerous drugs throughout a largely rural northern part of the Southern District of Georgia,” said U.S. Attorney Estes. “Our communities are safer with these gun-carrying meth merchants off the streets.”
Initiated by the Wilkes County Sheriff’s Office and the FBI Safe Streets Task Force and coordinated through the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Wynner Storm targeted gang-related drug trafficking in the Wilkes, Lincoln and McDuffie County areas north of Augusta, culminating in a 51 count federal indictment. An additional 18 defendants were prosecuted on related state charges.
The two-year investigation began in September 2019 with information that the conspirators, led by Exjaben Demontaz Hardman, a/k/a “Zay,” 43, of Washington, Ga., Calvin Terrill Wynn, a/k/a “Swang Lo,” a/k/a “Lo,” 34, of Washington, and others, were distributing large amounts of methamphetamine and other drugs throughout the greater Wilkes County area using a network of street dealers. After months of investigation and controlled purchases, agents conducted nearly 20 court-authorized searches and seized methamphetamine, cocaine, crack cocaine, marijuana, drug sales paraphernalia, cash and illegally possessed firearms.
Hardman is serving a 135-month prison sentence and Wynn is serving a 66-month sentence after each pled guilty to Conspiracy to Possess with Intent to Distribute, and to Distribute, Methamphetamine. Other defendants are serving sentences of up to 78 months on similar charges, while Pettus and five remaining defendants await sentencing.
“Citizens in the communities affected by these defendants’ peddling drugs and weapons are immediately safer following their removal from the streets,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “As this exhaustive investigation comes to an end, the FBI’s job is not complete. We will continue working with our partners to investigate and dismantle drug trafficking organizations here in Georgia.”
“This case exemplifies our commitment to prevent drug violence and criminal activity from poisoning our communities,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “It also sends a clear message that we will relentlessly pursue and prosecute the leaders and members of these violent drug enterprises.”
The case was investigated under the Organized Crime Drug Enforcement Task Forces. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Agencies investigating the case include the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service and the U.S. Probation Office; the Georgia Bureau of Investigation; the Georgia Department of Community Supervision; the Georgia State Patrol; the Wilkes County Sheriff’s Office; the Taliaferro County Sheriff’s Office; the McDuffie County Sheriff’s Office; the Richmond County Sheriff’s Office; and the Burke County Sheriff’s Office. The case is being prosecuted for the United States by Assistant U.S. Attorney and Criminal Division Chief Patricia G. Rhodes.
Federal Prosecutor to Serve as District Election Officer for Seven California Counties During November 8 General Election PeriodRead the Press Release
LOS ANGELES – United States Attorney Martin Estrada announced today that Assistant United States Attorney Thomas F. Rybarczyk will serve as District Election Officer for the Central District of California during the Justice Department’s nationwide Election Day Program for the upcoming November 8 general election.
As District Election Officer, AUSA Rybarczyk will oversee the handling of complaints related to election fraud, voting rights concerns and threats of violence to election officials or staff occurring in the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo. If complaints are received, he will coordinate with the FBI’s Field Office in Los Angeles to investigate them and will consult with the Department of Justice in Washington, D.C.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a free and fair election,” said United States Attorney Estrada. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice always will work tirelessly to protect the integrity of the election process.”
The Department of Justice plays an important role in deterring and combating discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
“The right to vote is the cornerstone of American democracy,” United States Attorney Estrada said. “We all must ensure that those who have the right to vote can exercise it if they choose, and that those who seek to corrupt it are brought to justice.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other voting rights abuses on election day. Agents at the FBI’s Los Angeles Field Office, which serves the same seven counties as the United States Attorney’s Office, can be reached by the public at (310) 477-6565.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C., by phone at (800) 253-3931 or via a complaint form that may be found at https://civilrights.justice.gov.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Federal Jury Convicts Oregon Man of Attempted Coercion and Enticement of a MinorRead the Press Release
BOISE – After a four-day trial, a federal jury sitting in Boise found Brett Michael Malone, 30, of Adrian, Oregon, guilty of attempted coercion and enticement of a minor, U.S. Attorney Josh Hurwit announced today. Chief U.S. District Judge David C. Nye presided over the trial, which began on October 24, and concluded with a guilty verdict on October 27. Following the jury’s verdict, Malone admitted a sentencing enhancement for committing the enticement crime while having a duty under state law to register as a sex offender. In 2013, Malone was convicted of rape in the third degree in Malheur County, Oregon.
According to testimony and evidence presented at trial, Malone used Facebook to communicate with a 15-year-old girl in Idaho. During the communications, Malone sent the victim sexually explicit images and videos and enticed her to meet him for sexual contact. The victim’s mom located messages between Malone and the victim on the victim’s cellphone and reported the messages to Homeland Security Investigations (HSI). HSI assumed the victim’s online identity and began communicating with Malone in an undercover capacity. During the communications, Malone continued to engage in sexually explicit conversation with the undercover agent posing as the victim and arranged to meet the victim for sexual contact. When Malone traveled to meet the victim, he was apprehended by law enforcement.
“Law enforcement did a great job in this case of responding quickly and effectively to a parent’s concern,” said U.S. Attorney Hurwit. “Because of that, this offender is unable to victimize anyone else.”
The charge of attempted coercion and enticement of a minor carries a minimum of ten years and up to life in federal prison, a fine of up to $250,000, and at least five years and up to lifetime of supervised release. The sentencing enhancement carries a minimum of ten years in prison to run consecutively to the enticement count. Malone will be required to register as a sex offender as a result of the conviction.
Sentencing is set for February 6, 2023, before Judge Nye at the federal courthouse in Boise.
U.S. Attorney Hurwit, of the District of Idaho commended the cooperative efforts of HSI, Idaho State Police, and Boise Police Department, which led to charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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.
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El Paso Man Sentenced to over 16 Years in Prison for Producing Child PornographyRead the Press Release
EL PASO – This week, Jorge Mario Manjarrez-Reyes, 30, of El Paso, was sentenced to 200 months in prison for producing child pornography. Following his imprisonment, U.S. District Court Judge David C. Guaderrama ordered that Manjarrez-Reyes be placed on a lifetime of supervised release and pay a $5,000 assessment under the Justice for Victims of Trafficking Act.
According to court documents, law enforcement officers first encountered Manjarrez-Reyes on a peer-to-peer program where he was sharing images of child pornography. Following the execution of a search warrant at the defendant’s residence in March 2020, Homeland Security Investigations (HSI) forensically discovered approximately 513 images and 619 videos depicting child pornography on Manjarrez-Reyes’ electronic devices. In coordination with the National Center for Missing and Exploited Children, HSI later learned that Manjarrez-Reyes created one of the videos.
By pleading guilty, Manjarrez-Reyes admitted that he knowingly used and coerced a four-year-old victim to take part in sexually explicit conduct for the production of visual depictions of that abuse.
“The defendant’s reprehensible actions justify the lengthy prison sentence as this child’s life will be forever impacted,” said U.S. Attorney Ashley C. Hoff. “This office will persist in our efforts to ensure that those who seek to prey on children are found and held accountable.”
“Individuals who commit crimes against the most vulnerable in our society will be sought out and brought to justice,” said Francisco Burrola, Special Agent in Charge, HSI, El Paso. “HSI will continue to protect children against atrocious crimes committed against them by criminals who have no place in our communities.”
HSI El Paso’s Child Exploitation / Internet Crimes Against Children Group investigated the case.
Assistant U.S. Attorney Michelle Winters prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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.
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Eagle River Nurse Practitioner Guilty on All CountsRead the Press Release
ANCHORAGE – A federal jury convicted an Eagle River nurse practitioner on 10 felony counts, including five counts of distribution of a controlled substance resulting in death, four counts of distribution and dispensing of a controlled substance and one count of maintaining a drug involved premises. The conviction follows a four-week trial before U.S. District Judge Joshua M. Kindred.
According to court documents and evidence presented at trial, Jessica Joyce Spayd, 51, operated Eagle River Pain and Wellness where she prescribed nearly 4.5 million opioids between January 2014 and October 2019 causing addiction, suffering and death. She did so with little to no medical justification or treatment plan; minimal, if any, tests or physical examinations; and little if any considerations of non-opioid treatment.
Spayd’s opioid prescriptions were excessive and drastically exceeded medical norms, routinely five to 15 times higher than the maximum safe daily dosage recommended by state and federal health guidelines and combined with other narcotics known to exacerbate the risk of addiction and overdose death.
When she was out of the office, Spayd routinely pre-signed and pre-dated prescriptions and instructed non-medical staff to distribute the prescriptions to patients for a cash fee. And, in addition to her “patients,” she illegally prescribed nearly 5,000 opioid pills to her opioid-addicted, live-in ex-boyfriend by writing the names of other individuals on those prescriptions. She also created false appointment records for those other individuals, who the evidence showed were outside of Alaska or out of the United States when those appointments purportedly occurred.
For years, dozens of pharmacists throughout Alaska told the defendant to stop the dangerous prescribing and to lower the dosages for her patients. Emergency room doctors who treated her patients for opioid overdoses told her to stop. Insurance companies sent thousands of letters telling her to stop. Concerned family members of her patients pleaded with her to stop. Her prescribing was so far outside the normal course of medical practice that multiple major pharmacy chains like Walmart and Safeway, and the Chief of Pharmacy at Joint Base Elmendorf, enacted unprecedented policies refusing to fill her narcotic prescriptions.
Between May and July 2019, Spayd prescribed nearly 200 opioid pills in just three appointments to an undercover DEA agent posing as an opioid addict with no current pain symptoms in exchange for large cash payments. She specifically acknowledged in a recorded conversation with the undercover agent that what she was doing was a felony and she could go to jail.
U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.
Spayd was initially charged by indictment in October 2019 and then with a superseding indictment in January 2021 by the United States Attorney’s Office, District of Alaska.
These offenses carry mandatory minimum of 20 years to life in federal prison for the most serious charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
Assistant U.S. Attorneys Ryan Tansey and Michael Heyman are prosecuting the case.
The Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) conducted the investigation leading to the charges in this case, with invaluable assistance from members of the North Slope Borough Police Department, the Alaska Health Care Fraud Task Force, the U.S. Department of Health and Human Services-Office of the Inspector General, Internal Revenue Service (IRS), U.S. Bureau of Land Management (BLM), Office of Law Enforcement and Security, Department of Natural Resources (DNR), Alaska State Parks Rangers, Alaska State Troopers, Anchorage Police Department, Alaska Medicaid Fraud Control Unit, and the State of Alaska Division of Insurance.
The Alaska Health Care Fraud Task Force (AHCFTF) is a partnership of local, state, federal, and private agencies focused on the investigation of health care fraud, waste, and abuse in Alaska or affecting Alaskan interests. For more information: https://www.fbi.gov/contact-us/field-offices/anchorage/alaska-health-care-fraud-task-force
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District Man Sentenced to 70 Months in Prison for Domestic ViolenceRead the Press Release
WASHINGTON – Delonte Mitchell, 38, of Washington, D.C., was sentenced today to 70 months in prison for attacking his then-girlfriend, a child, and a dog at a home in Southeast Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Mitchell pleaded guilty in June 2022, in the Superior Court of the District of Columbia, to assault with significant bodily injury, second-degree cruelty to children, and cruelty to animals. The plea, which was contingent upon the Court’s approval, called for a sentence of 42 to 70 months. The Honorable Michael Ryan accepted the plea and sentenced Mitchell accordingly. After his prison term, Mitchell will be placed on three years of supervised release.
According to the government’s evidence, on Sept. 27, 2019, at approximately 3 a.m., Mitchell returned to a home he shared with a woman and child in the 2700 block of Douglas Road SE. The woman had told Mitchell that she wanted a break from their relationship. Enraged, Mitchell struck her several times in her face with his fists, causing one of her eyes to swell shut. He also struck the child in the face and body. He then picked up the woman’s dog and threw the dog in the air, towards the ceiling. The dog fell to the floor and died from its injuries.
Mitchell was apprehended in Maryland on Nov. 21, 2019. He was brought to the District of Columbia in March 2020, and he has been in custody ever since.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of the Metropolitan Police Department, which investigated the case. They also expressed appreciation for the assistance provided by the Washington Humane Society and the Capital Area Regional Fugitive Task Force. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Kenechukwu Okocha, Deputy Chief of the Sex Offense and Domestic Violence Section, Paralegal Specialist Tiffany Jones and Victim/Witness Advocate Lu Lan.
Finally, they expressed appreciation for the work of Assistant U.S. Attorney Lauren Galloway, Eric Nguyen, and Eliot Folsom, who investigated and prosecuted the case.
District Man Sentenced to 10-Year Prison Term for Armed Sexual Assault in 2006Read the Press Release
WASHINGTON – Landrell Lemont Jordan, Jr, 45, of Washington, D.C., was sentenced today to 10 years in prison for sexually assaulting a 26-year-old woman in January 2006 in Northwest Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Jordan pleaded guilty in March 2022, in the Superior Court for the District of Columbia, to one count of attempted first-degree sexual abuse while armed with aggravating circumstances. The plea, which contingent upon the Court’s approval, called for a sentence of 10 to 12 years. The Honorable Robert Okun accepted the plea and sentenced Jordan accordingly. Following his prison term, Jordan will be placed on five years of supervised release. He also must register as a sex offender for life and as a gun offender for seven years.
According to the government’s evidence, on Jan. 27, 2006, at approximately 1 a.m., the victim was walking home after waiting tables at a restaurant in Dupont Circle. Jordan walked up behind her in the area of Ninth and T Streets NW, brandished a gun, and forced her into an alley. He stole her cash and jewelry and then raped her at gunpoint.
Jordan was a stranger to the victim. The victim made an immediate report to police and obtained a sexual assault exam at an area hospital.
Jordan was developed as a suspect in this offense by MPD’s Cold Case Sexual Assault Unit in April 2020. Evidence in the case was tested in 2006 but did not yield a sufficient male DNA profile to identify the offender. Cold case detectives linked the defendant to the attack by new DNA testing.
When detectives identified Jordan as the perpetrator of this case in 2020, the investigation revealed that Jordan had been convicted of attempted robbery in 2012 in D.C. and two felony firearms offenses in 2013, one in D.C. and the other in Prince George’s County, Maryland.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit and Cold Case Sexual Assault Unit, and detectives and officers from the Third District. They also acknowledged the efforts of those handled the case from the U.S. Attorney’s Office, including Paralegal Specialist Cynthia Muhammad and Victim/Witness Advocate Tracey Hawkins.
Finally, they expressed appreciation for the work of former Assistant U.S. Attorney Angela Buckner, and Assistant U.S. Attorneys Kathleen Kern and Amy Zubrensky, who investigated and prosecuted the case.
District Court Enjoins Arizona Company from Distributing Adulterated or Misbranded Dietary SupplementsRead the Press Release
A federal court permanently enjoined a Chandler, Arizona company from making and selling adulterated and misbranded dietary supplements, the Department of Justice announced today.
In a complaint filed on Oct. 12, 2022, the United States alleged that Global Vitality Inc., doing business as Enzyme Process International, along with company owner Steven D. Roderick, and the company’s corporate secretary Gorica Blagojevic, violated the Federal Food, Drug, and Cosmetic Act by distributing adulterated and misbranded dietary supplements. The government alleged that despite several Food and Drug Administration inspections over eight years and an FDA warning of non-compliance, the defendants continued to manufacture dietary supplements that were adulterated and misbranded in violation of current good manufacturing practice regulations, relevant food safety standards, and hazard prevention measures.
According to the complaint, which was filed in the U.S. District Court for the District of Arizona, FDA inspected the Global Vitality facility multiple times, in 2012, 2014, 2016, 2019 and most recently in June and July 2021. The complaint alleged that FDA inspections found violations of regulatory requirements meant to control the risk of hazards in dietary supplements, and failures to follow current good manufacturing practices for dietary supplements. The complaint also alleged that a quality control failure at Global Vitality led to a positive test for the bacteria E. coli in one of its products.
“Dietary supplement makers must abide by federal health and safety requirements,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will work with FDA to vigorously enforce laws meant to protect consumers.”
“Protecting the American public’s access to safe and quality-made products is a core function of the FDA’s public health work,” said the FDA’s Associate Commissioner for Regulatory Affairs Judith McMeekin, Pharm.D. “To do so, the agency will continue to use all of the regulatory tools available and work with our federal law enforcement partners at the Department of Justice to ensure firms meet acceptable regulatory requirements for quality. Today, these standards were again upheld. Global Vitality Inc. (doing business as Enzyme Process International), along with company owner Steven D. Roderick and company corporate secretary Gorica Blagojevic, will be required to comply with federal law.”
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act. Among other measures, the order requires the defendants to come into compliance with the law and to retain independent experts in labeling and current good manufacturing practices.
Trial Attorney Ellen Bowden McIntyre of the Justice Department’s Consumer Protection Branch is handling the case with the assistance of Associate Chief Counsel Roselle Oberstein of the Food and Drug Administration’s Office of the Chief Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
The claims resolved by the resolution announced today are allegations only and there has been no determination of liability.
Defendant in Yosemite National Park Sexual Assault Case Sentenced to More Than 12 Years in PrisonRead the Press Release
FRESNO, Calif. — Charles Porter, 32, formerly of Pomona, was sentenced today to 12 years and four months in prison for attempted aggravated sexual abuse, abusive sexual contact, assault with intent to commit aggravated sexual abuse, assault with intent to commit abusive sexual contact, and assault by striking or wounding, U.S. Attorney Phillip A. Talbert announced.
According to evidence presented at trial, on April 14, 2020, in Yosemite National Park, Porter, an Aramark employee working and residing in Yosemite Valley, entered the victim’s cabin in employee housing at night while the victim was asleep and began to sexually assault the victim, biting and punching him during the attack. The victim fought back, and during the struggle, Porter attempted to penetrate the victim. The victim was able to reach the door of his one-room cabin to call for help. Nearby neighbors heard his call for help, and they responded and physically removed Porter. On April 6, 2022, after a three-day trial, a federal jury found Porter guilty of all charges.
This case was the product of an investigation by National Park Service Special Agents and Law Enforcement Rangers. Assistant U.S. Attorney Laura Jean Berger prosecuted the case.
Craven County Man Sentenced to 10 Years in Prison for Child Pornography ChargesRead the Press Release
NEW BERN, N.C. – A Craven County man was sentenced today to 120 months imprisonment followed by 120 months of supervised release for possessing child pornography. Melvin David Wetzel, III, 74, of Havelock, North Carolina pled guilty on March 9, 2022, to Possession of Child Pornography. According to court documents and other information presented in court, officers with the Havelock Police Department were conducting a proactive investigation into the trading of child pornography on peer-to-peer networks. Between July 16, 2020, and July 20, 2020, law enforcement was able to download 8 videos depicting child sexual abuse from a computer associated with Wetzel’s IP address.
Law enforcement obtained a search warrant for Wetzel’s residence, and officers with the Havelock Police Department and the Department of Homeland Security executed the search warrant on July 29, 2020. Wetzel was present at the time of the search and consented to law enforcement retrieving and examining his digital devices. Wetzel admitted to using a file sharing program and searching for child pornography. He told law enforcement he had been viewing child pornography since 2010. The search resulted in law enforcement finding multiple images and videos. Wetzel had been previously convicted of Third-Degree Sexual Exploitation of a Minor in Pitt County in 2012.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. Havelock Police Department and the Department of Homeland Security investigated the case and Assistant U.S. Attorney Charity Wilson prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:21-CR-0003-FL.
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Council Bluffs Woman Sentenced in Methamphetamine and Fentanyl Distribution ConspiracyRead the Press Release
Acting United States Attorney Steven Russell announced that Colleen Wiand, 44, of Council Bluffs, Iowa, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute methamphetamine and fentanyl. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Wiand to imprisonment for 97 months. There is no parole in the federal system. After her release from prison, she will begin a 3-year term of supervised release.
From August to November 2021, Wiand assisted others with the distribution of methamphetamine and fentanyl in the Omaha and Council Bluffs areas. In one instance, Wiand assisted co-defendant Mayra Rendon in the sale of 3,000 fentanyl pills, weighing a total of 339.6 grams, to an undercover agent posing as a drug buyer.
Wiand also accepted packages containing methamphetamine and fentanyl analogue through the mail. She also conducted money pick-ups and transfers on behalf of the conspiracy and on November 4, 2021, was arrested after being given approximately 14.3 pounds of fentanyl analogue pills from a co-conspirator.
The overall investigation saw the recovery and confiscation of more than 20 pounds of fentanyl and 25 pounds of methamphetamine.
Co-defendant Rendon was sentenced to 210 months’ imprisonment.
Co-defendants Samantha Cawyer, Emidio Becerra, Oscar Quiroz Ayon, Darbelio Lorenzo-Genchi, Iris Gallardo-Salado, Giovana Cisneros, Lorenzo Gonzalez-Perez remain pending.
This case was investigated by the Drug Enforcement Administration, United States Postal Inspection Service, and Omaha Police Department.
Columbia Man Sentenced to More Than Twelve Years in Prison on Second Federal Gun ChargeRead the Press Release
COLUMBIA, SOUTH CAROLINA —Thomas Lashort Bullock, 33, of Columbia, was sentenced to more than twelve years in federal prison after pleading guilty to being a felon in possession of a firearm, possession with intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime.
Evidence presented to the Court showed that on September 17, 2021, deputies with the Richland County Sheriff's Department initiated a traffic stop on Bullock’s vehicle. However, as the officer approached the vehicle, Bullock pulled away and jumped the center curb into oncoming traffic in order to evade the stop. During the vehicle pursuit which followed, Bullock entered a neighborhood, where the officer observed Bullock toss a pistol out the vehicle’s driver side window. Bullock subsequently came to a stop and surrendered to officers. Bullock, who was on supervised release for a prior federal gun conviction, was in possession of a Francolin International Arms 12-gauge shotgun, a loaded Beretta 9mm pistol, and various quantities of cocaine, crack cocaine, methamphetamine, and a mixture of cocaine and fentanyl, which he intended to distribute.
Bullock was detained without bond and pleaded guilty to three counts of the indictment. Bullock’s criminal history includes prior state convictions for assault and battery and burglary, as well as a prior federal conviction for being a felon in possession of a firearm.
U.S. District Judge Cameron Currie sentenced Bullock to 135 months in federal prison to be followed by a three-year term of court-ordered supervision. Bullock was also sentenced to an additional ten months of imprisonment to run consecutively for his violations of the terms of his supervised release. There is no parole in the federal system.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department. Assistant U.S. Attorney Elle E. Klein prosecuted the case.
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Cleveland Man Charged with 10 Armed Robberies in Cleveland and Shaker HeightsRead the Press Release
CLEVELAND – A Cleveland man was charged today in a 14-count indictment with the armed robbery or attempted armed robbery of 10 retail stores in Cleveland and Shaker Heights over the course of three weeks.
Lawrence Sturdivant, 32, was charged with 10 counts of interference with commerce by robbery; three counts of using, carrying or brandishing a firearm during and in relation to a crime of violence and one count of being a felon in possession of ammunition.
According to court documents, from Dec. 5 to Dec. 26, 2021, the defendant is accused of robbing or attempting to rob nine Walgreens, Family Dollar and CVS stores in Cleveland and a Walgreens in Shaker Heights. In each instance, it is alleged that the defendant would enter the store and use a firearm to threaten, intimidate and coerce the cashiers into giving him money from the register drawers.
During the robberies, the defendant was on parole for an aggravated robbery conviction from 2014. As a felon, the defendant is prohibited from possessing a firearm and ammunition.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Cleveland Division of Police and the Shaker Heights Police Department. This case is being prosecuted by Assistant U.S. Attorney Adam J. Joines.
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Claremore Man Sentenced to 12 Years in Federal Prison for Abusing an InfantRead the Press Release
A Claremore man who abused a 5-month-old infant at a home in Vinita was sentenced Friday in federal court, announced U.S. Attorney Clint Johnson.
Chief U.S. District Judge John F. Heil III sentenced Keldon Keith Summers, 28, to 12 years in federal prison followed by five years of supervised release.
“My office will vigorously prosecute criminals who cause harm to the most innocent in our communities- our children,” said U.S. Attorney Clint Johnson. “Keldon Summers’ violent abuse of an infant left the child with permanent injuries and the need for continued care. This child abuser will spend 12 years in federal prison to account for his despicable crime.”
“I am extremely proud of the collaborative effort that brought Keldon Summers to justice for his detestable crime,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Today’s sentence ensures there is one less abuser victimizing the most innocent and vulnerable members of our communities.”
Summers previously pleaded guilty to child abuse in Indian Country. In his plea agreement, Summers admitted that in the early morning hours of Nov. 8, 2020, he was taking care of a 5-month-old while the infant’s mother was at work and during that time, he abused the infant. The child suffered bruising on his cheek down to his chin that resembled a bite mark, and bruising on his arm, his buttocks, and on his back and chest. He further suffered a swollen penis and left testicle, a fracture of his upper tibia, and extensive retinal hemorrhaging.
Additionally, the child tested positive for methamphetamine. The child had multiple seizures after being life flighted to the hospital that day. He remained in the hospital for three weeks and today requires medication, therapy, and continued care as a result of his injuries.
The FBI and Vinita Police Department conducted the investigation. Assistant U.S. Attorneys Stacey P. Todd and Vani Singhal prosecuted the case.
Chicopee Man Sentenced for Child Pornography OffenseRead the Press Release
BOSTON – A Chicopee man was sentenced today in federal court in Springfield for possessing child sexual abuse material (CSAM).
Herve Plasse, 67, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three years in prison and five years of supervised release. On May 9, 2022, Plasse pleaded guilty to one count of possession of child pornography.
In July 2015, a search of Plasse’s residence revealed over 100 images of child pornography on his computer, including images of prepubescent girls engaged in sexually explicit conduct. Plasse admitted that he had accessed a website on an encrypted network for the purpose of viewing child pornography.
United States Attorney Rachael S. Rollins and Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. Assistant U.S. Attorney Catherine Curley of Rollins’ Springfield Branch Office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Celina Man Charged with Creating Animal Crushing Video and Possession and Transportation of Child PornographyRead the Press Release
TOLEDO - Lucas Russell Vanwoert, 25, of Celina, Ohio, was charged today in a four-count indictment with possession and transportation of child pornography, transportation of obscene materials and creating an animal crush video.
According to court documents, on August 28, 2022, Vanwoert allegedly created and intended to distribute an animal crush video. An animal crush video is defined as any photograph, motion picture, film, video or digital recording, or electronic image that depicts actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled or otherwise subjected to serious bodily injury, or bestiality and is obscene.
On September 26, 2022, authorities executed a search warrant at Vanwoert’s residence in Celina and seized several electronic devices that were later found to contain videos of child pornography, which involved prepubescent children, as well as animal crush videos.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by Homeland Security Investigations (HSI). This case is being prosecuted by Assistant United States Attorney Sara Al-Sorghali and First Assistant U.S. Attorney Michelle M. Baeppler.
Canadian Man Charged with Travel to Engage in Sexual Contact with MinorRead the Press Release
NEWARK, N.J. – A Canadian man will make his initial appearance today on charges that he traveled to New Jersey for the purpose of engaging in sexual conduct with a minor, U.S. Attorney Philip R. Sellinger announced.
Patrick John Anthony Coderre, aka “T Ocean,” 53, of Ontario, Canada, is charged with one count of travel to engage in illicit sexual conduct. Coderre made his initial appearance by videoconference today before U.S. Magistrate Judge James B. Clark III and was detained without bail.
According to documents filed in this case and statements made in court:
Law enforcement authorities have been investigating Coderre since March 2019 for child exploitation offenses. Two undercover officers using three identities communicated with Coderre via text message, email, and the messaging platform Telegram concerning Coderre’s desire for sexual encounters with young children. On Oct. 27, 2022, Coderre traveled from Canada to New Jersey to meet the undercover officers for what he believed would be a sexual encounter with one or more children at a hotel.
The charge of travel to engage in illicit sexual conduct carries a maximum penalty of 30 years in prison and a maximum fine of $250,000.
U.S. Attorney Sellinger credited special agents of the Department of Homeland Security, Homeland Security Investigation, under the direction of Special Agent in Charge Ricky J. Patel in Newark, with the investigation leading to the charge. He also thanked officers of the New Jersey State Police, under the leadership of Col. Patrick J. Callahan, for its assistance.
The government is represented by Assistant U.S. Attorney Sarah A. Sulkowski of the Organized Crime/Gangs Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
California Man Responsible for Distributing More Than 100 Kilos of Meth to More Than 10 States Receives 26 Years in Federal PrisonRead the Press Release
NEW BERN, N.C. – Joseph Willie Jr., 31, of California, was sentenced to 312 months in prison for his role as the leader of an armed, interstate methamphetamine trafficking organization known as the “Grape Street Drug Trafficking Organization (DTO).”
““We are dismantling violent drug trafficking organizations and putting their leaders behind bars,” said U.S. Attorney Michael Easley. “Gangs and cartels bringing poison into Raleigh and elsewhere in Eastern North Carolina will be met with the full force of federal law enforcement, no matter where they live.”
““This was a significant investigation impacting public safety across multiple states,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Bennie Mims. “We know that local drug traffickers can contribute significantly to increased violent crime rates. To disrupt a drug trafficking network of this size has a large impact on making our communities safer in North Carolina, as well as communities across the country.”
According to court documents, evidence presented in court and other documents, the Grape Street DTO imported large quantities of highly pure—and highly addictive—crystal methamphetamine from Mexico.
The DTO then distributed the drugs throughout the United States, including Alabama, Florida, Indiana, Maryland, Mississippi, Missouri, Nevada, North Carolina, Ohio, Oklahoma and Tennessee.
Willie Jr. was convicted of three counts: conspiracy to possess with intent to distribute and distribute 500 grams or more of a substance containing methamphetamine (Count One); distribution of more than 500 grams of a substance containing methamphetamine (Count Two); and conspiracy to commit money laundering by concealment (Count Three).
The investigation uncovered that from 2016 until the time of his arrest in 2020, Willie Jr. was responsible for distributing more than 100 kilograms of highly pure methamphetamine. From those sales, Willie Jr. received more than a million dollars in drug proceeds.
Tanna Nash, Willie’s Jr. wife, received an additional quarter of million dollars in drug proceeds as a part of this organization.
Between July 2020, and February 3, 2021, ATF Undercover Agents posing as a member of Willie Jr.’s inner circle made 6 controlled purchases of more than 3 kilograms of crystal methamphetamine from Willie Jr.
ATF sent the money to Nash in California. After Nash received the money, Willie Jr. sent the methamphetamine to Raleigh and Kinston, North Carolina in pound- and two-pound increments.
The organization primarily distributed the methamphetamine in Craven, Lenoir and Onslow counties. At the time of his arrest, Willie Jr. was attempting to expand into Fayetteville, North Carolina.
In August 2018, Homeland Security Investigators (Border Enforcement Security Taskforce) made three controlled purchases totaling twelve pounds of methamphetamine in Tampa, Florida, which had been sent at the direction of Willie Jr.
According to information received from ATF Memphis as a part of this investigation, Willie Jr. was a member of the Grape Street Crips, a violent street gang.
According to information obtained as a part of this three-year investigation, methamphetamine distributors in the different states including members and associates of the Grape Street Crips would contact Willie Jr. and place orders for methamphetamine to be shipped to them.
Willie Jr. would provide how to make the payments using various methods including wire transfers, peer-to-peer payment software, and national banks (deposited in one state and withdrawn by a different person in California) to avoid detection.
Willie Jr. had at least nine people in California receiving drug proceeds from other states; those proceeds were then funneled to Willie Jr.
On October 24, 2022, Tanna Nash was sentenced to 84 months in federal prison for Conspiracy to possess with intent to distribute and distribute 500 grams or more of a substance containing methamphetamine and Distribution of more than 500 grams or more of a substance containing methamphetamine.
This is part of Operation Fighting Jellyfish, which is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
Operation “Fighting Jellyfish” was also recognized for a Special Achievement Award by the North Carolina Gang Investigators Association.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms and Explosives (Wilmington, North Carolina, Memphis, Tennessee and California), Homeland Security Investigations (Tampa (B.E.S.T. Unit) and California), Drug Enforcement Administration (California, North Carolina, Missouri and Ohio), the United States Marshal Service, the Craven, Duplin and Onslow County Sheriffs’ Offices and the Kinston, Goldsboro and New Bern Police Departments and the Los Angeles Police Department investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:21-cr-00021-FL-1.
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Bozeman man sentenced to prison for stealing Social Security benefits while acting as a fiduciaryRead the Press Release
MISSOULA — A Bozeman man who admitted to stealing more than $57,000 in government benefits from an elderly relative for whom he was the fiduciary was sentenced today to six months in prison, to be followed by three years of supervised release, and ordered to pay $57,329 restitution, U.S. Attorney Jesse Laslovich said.
Ira Kyrk Westbrook, 47, pleaded guilty in July Social Security fraud.
U.S. District Judge Dana L. Christensen presided. Westbrook was allowed to self-report to the custody of the Bureau of Prisons.
The government alleged in court documents that for approximately 16 months, from December 2019 to March 2021, Westbrook misappropriated $57,329 of an elderly relative’s Social Security Administration and Veterans Administration benefits. The victim, identified as John Doe, suffered a stroke in 2018, became disabled and was transferred to a rehabilitation and care facility, where nearly all of his expenses were covered. John Doe was declared incompetent in February 2020. Westbrook was appointed as Doe’s Representative Payee and agreed to use the Social Security funds only for Doe’s needs. Westbrook acknowledged he could face imprisonment if he misused the money.
An investigation determined that Westbrook misappropriated his relative’s benefits by spending the money on a travel trailer, a 2019 Jeep Wrangler, groceries, restaurants, internet service and Amazon purchases, and that he incurred several $30 overdraft fees. Social media posts showed a photograph in August 2020 of Westbrook and his wife with a Jeep Wrangler and a caption that said, “Did a thing today.” After transitioning to a rehabilitation center, the VA covered all of Doe’s expenses except his clothing. Westbrook received more than $4,000 a month to be used solely for Doe’s benefit, and yet did not provide Doe with adequate clothing.
Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the SSA, VA, Bozeman Police Department and Montana Adult Protective Services.
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Blaine Man Indicted for His Role in $250 Million Feeding Our Future Fraud SchemeRead the Press Release
MINNEAPOLIS – Mohamed Muse Noor, aka “Deeq Darajo,” has been indicted for his role in the $250 million fraud scheme that exploited a federally-funded child nutrition program during the COVID-19 pandemic, announced U.S. Attorney Andrew M. Luger.
According to court documents, Noor, 37, was the president and owner of Xogmaal Media Group, a Minneapolis-based non-profit company that ran an online news outlet focused on the Somali community in Minnesota. Xogmaal Media Group was enrolled as a Federal Child Nutrition Program site under the sponsorship of Feeding Our Future. Noor claimed that the site would be located in Minneapolis.
According to court documents, from November 2020 through 2022, Noor claimed that Xogmaal Media Group was serving as many as 1,500 children every day, seven days a week. Noor submitted fake meal counts that he signed as the site supervisor. Noor also submitted fake invoices purporting to document the purchase of food to be served at the Xogmaal Media Group site.
According to court documents, between February and June 2021, Noor claimed to have served approximately 580,000 meals to children at the Xogmaal Media Group site. Based on these fraudulent claims, Noor and his co-conspirators claimed that Xogmaal Media Group was entitled to more than $1.3 million in Federal Child Nutrition Program funds. Ultimately, Xogmaal Media Group received nearly $500,000 in Federal Child Nutrition Program funds between June and August 2021. Noor paid nearly 80 percent of these funds over to entities controlled by Abdikerm Eidleh. The memo lines of the checks written to Eidleh’s companies falsely indicated that the payments were for “supplies” and to repay loans. In reality, the money was transferred to Eidleh’s companies in order to misappropriate and launder the proceeds of the fraud scheme.
Noor, who was initially arrested and charged by criminal complaint on September 26, 2022, is charged with conspiracy to commit wire fraud, wire fraud, and money laundering. Noor made his initial appearance today in U.S. District Court before Magistrate Judge Tony N. Leung.
This case is the result of an investigation conducted by the FBI, IRS – Criminal Investigations, and the U.S. Postal Inspection Service.
This case is being prosecuted by Assistant U.S. Attorneys Joseph H. Thompson, Harry M. Jacobs, Matthew S. Ebert, Chelsea A. Walcker, and Joseph S. Teirab. Assistant U.S. Attorney Craig Baune is handling the seizure and forfeiture of assets.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Bethel Landscape Contractor Sentenced to Prison for Tax EvasionRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that TIMOTHY P. DRAPER, 55, of Bethel, was sentenced today by U.S. Circuit Judge Sarah A. L. Merriam in Bridgeport to eight months of imprisonment for tax evasion. Judge Merriam also ordered Draper to pay a $75,000 fine.
According to court documents and statements made in court, Draper owns and operates T&M Lawn & Landscape, and also owns multiple residential rental properties in Bethel and Danbury. Draper failed to deposit into his business operating accounts numerous checks generated from his landscaping and rental businesses, resulting in underreporting of approximately $1.8 million in business receipts on his tax returns for the 2015, 2016 and 2017 tax years. Draper also paid personal expenses out of the business accounts and failed to categorize the payments as income to him. The underreporting of income resulted in the underpayment of more than $500,000 in income taxes for the three tax years.
Draper has paid $1,117,883.11 in back taxes, interest and penalties.
On April 18, 2022, Draper pleaded guilty to one count of tax evasion.
Draper, who is released on bond, is required to report to prison on January 10.
This investigation was conducted by the Internal Revenue Service, Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Ayden Man Sentenced to 110 Months for Firearm OffenseRead the Press Release
NEW BERN, N.C. – An Ayden man was sentenced today to 110 months in prison for possession of a firearm by a convicted felon. On October 12, 2021, Hia-Keem Don’ae Rice pled guilty to the charge. According to court documents, on January 10, 2019, officers with the Greenville Police Department conducted a traffic stop on a vehicle driven by Rice. When asked to step out of the vehicle, Rice sped away. Officers saw Rice throw a bag out of the car window. After Rice struck another vehicle at an intersection, the chase was cancelled for safety reasons. Officers recovered the bag Rice threw from the window, which contained a loaded .223 caliber semi-automatic pistol with a large capacity magazine, ammunition, 28 grams of marijuana, Rice’s wallet and identification card.
According to evidence presented at sentencing, Rice was also involved in a June 23, 2019 incident. Kinston Police Department officers responded to a call that Rice and another individual brandished firearms at a McDonald’s. Rice was driving when the vehicle was located and stopped. A safety search resulted in the seizure of a .380 caliber pistol and a .45 caliber pistol, both of which were found under the driver’s seat.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Greenville Police Department and Kinston Police Department investigated the case. Assistant U.S. Attorney Bryan Stephany prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:20-CR-00041-FL.
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Allentown Man Sentenced to 26 Months in Prison for Drug TraffickingRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Livers, age 35, of Allentown, Pennsylvania, was sentenced this week, to 26 months in prison to be followed by three years of supervised release by U.S. District Court Judge Malachy E. Mannion for distributing heroin.
According to United States Attorney Gerard M. Karam, Livers was part of a drug trafficking organization that was trafficking quantities of heroin acquired from New York City and brought to Allentown, Pennsylvania. After arriving in Allentown, members of the drug trafficking organization sold the heroin in and around Allentown as well as areas in the Middle District of Pennsylvania. Livers was responsible for distributing between 40 and 60 grams of heroin.
Codefendants of Livers received the following sentences:
- Robert Birch, pleaded guilty to conspiracy to distribute and possess with intent to distribute 100 grams and more of heroin, and was sentenced to 72 months’ imprisonment followed by four years supervised release;
- Jessica Schafer, pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, and was sentenced to two years’ probation with a condition requiring 6 months’ home confinement;
- Deovonie Birch, a/k/a Deovonie Johnson, pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, and was sentenced to time-served (31 months and 12 days) imprisonment followed by three years supervised release with a condition requiring six months of home confinement; and,
- Dysheim Birch, pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, and was sentenced to 30 months’ imprisonment followed by three years of supervised release.
The case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Additional Defendant Charged in Nationwide Identity Theft Fraud SchemeRead the Press Release
BOSTON – A former Fall River resident was indicted by a federal grand jury in Boston yesterday in connection with a nationwide conspiracy to open fraudulent driver accounts with rideshare and delivery service companies.
Caio Felipe Oliveira Dos Santos, 27, of Brazil, was indicted on one count of conspiracy to commit wire fraud and aggravated identity theft.
According to the indictment, Dos Santos and others conspired to use stolen identities and/or falsified documents to open fraudulent driver accounts and/or rent or sell those accounts to individual drivers who might not otherwise qualify to drive for the rideshare or delivery services. The indictment further alleges that co-conspirators exploited referral bonus programs offered by the rideshare and delivery companies and used “bots” and GPS “spoofing” technology to increase the income earned from the companies. As a result of the scheme, Internal Revenue Service Forms 1099 were generated in victims’ names for income co-conspirators earned from the rideshare and delivery companies.
The indictment also alleges that Dos Santos and his co-conspirators used victims’ identifiers to apply for driver accounts with the rideshare and delivery companies, enabling Dos Santos and his co-conspirators to pass those companies’ required background checks and create driver accounts in victims’ names. At times, co-conspirators also edited victims’ driver’s license images to display photos of the drivers renting or buying the fraudulent accounts in order to circumvent facial recognition technology that the rideshare and delivery companies used as a security measure. Dos Santos and his co-conspirators allegedly obtained victims’ names, dates of birth, driver’s license information, and/or Social Security numbers from co-conspirators and other sources, including sites on the Dark Net. They also obtained driver’s license images directly from victims, by photographing victims’ licenses while completing an alcohol delivery through one of the services.
Eighteen co-conspirators were indicted in connection with the scheme in May 2021. Fifteen of those defendants have been arrested, while three remain at large. If you believe that you may be a victim of the allegations in this case, please visit: https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/us-v-wemerson-dutra-aguiar-and-us-v-priscila-barbosa-et-al
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charge of aggravated identity theft provides for a mandatory minimum of two years in prison, to be served consecutive to any other sentence imposed. 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 Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police; U.S. Customs and Border Protection; U.S. Postal Inspection Service; National Crime Insurance Bureau; and the Concord, Lexington, Plymouth, Wilmington, Marlborough and Village of Rye Brook (N.Y.) Police Departments. Assistant U.S. Attorneys Kristen A. Kearney and David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
27 October 2022
“Wolf of Airbnb” Indicted in Connection with Scheme to Defraud New York City Landlords and PPP FraudRead the Press Release
Damian Williams, United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the indictment of KONRAD BICHER for two counts of wire fraud and one count of aggravated identity theft in connection with a scheme to defraud New York City landlords (the “Rental Property Scheme”) and a scheme to fraudulently obtain over $565,000 in government-guaranteed loans designed to provide relief to small businesses during the COVID-19 pandemic, namely the Paycheck Protection Program (“PPP”). BICHER was arrested in connection with the Rental Property Scheme in late June 2022. The case has been assigned to Judge Lorna G. Schofield.
U.S. Attorney Damian Williams said: “We allege that Bicher brazenly rented at least 18 apartments in Manhattan with the intent to ignore his lease obligations, including by operating the apartments as mini-hotels and skipping rent. When landlords sought to recover rental payments from Bicher, he lied and claimed that he could not make payments during the pendency of the COVID-19 pandemic. At the same time, Bicher obtained hundreds of thousands of dollars in PPP money based on multiple fraudulent applications. Bicher abused Government programs and tenant protections intended to benefit New Yorkers in crisis, and he will have to answer for his conduct.”
FBI Assistant Director-in-Charge Michael J. Driscoll said: "As alleged, the defendant proudly executed multiple schemes to defraud both private entities and the United States government for his own personal benefit. The FBI remains committed to not only exterminating fraud in all its forms, but also to ensuring all those who abused a program designed to aid small businesses during an unprecedented global pandemic are held accountable."
As alleged in the Indictment and previously filed Complaint:[1]
Beginning in at least February 2019, KONRAD BICHER, and/or individuals working in concert with BICHER, began renting apartment units (the “Units”) in Manhattan. The Units were leased pursuant to lease agreements which required that the lessee make monthly rental payments and also included clauses that prohibited the lessee from renting the Units to third parties on a short-term basis and/or included clauses that prohibited the lessee from subletting the Units to third parties without written consent of the owner. Despite the requirement to make monthly rental payments, BICHER failed to make payments as required by the lease agreements. For many of the Units, BICHER also refused to vacate the Units after the expiration of the lease agreements. During the period of time that BICHER failed to make required rental payments, including the period of time after a lease agreement expired and the premises had not been vacated, BICHER derived income by renting the Units on a short-term basis, including by posting the Units for rent on various online marketplaces, including Airbnb, Inc. (“Airbnb”).
Between in or about July 2019 and in or about April 2022, BICHER and his associates failed to make more than $1,000,000 in payments pursuant to the Lease Agreements or, for the period of time after the expiration of the Lease Agreements, based on the estimated fair market value for the Units. During this period, BICHER caused the Units to be listed for short-term rent on Airbnb and at least one other online marketplace for short-term rentals, resulting in at least $1,170,000 in rental income to BICHER and his associates.
Throughout the course of this scheme, the lessors of the Units made numerous efforts to recover rental payments from BICHER and/or to stop BICHER from continuing to rent the Units on a short-term basis, including by initiating civil litigation against BICHER. Despite these efforts, BICHER continued to rent certain Units on a short-term basis.
During the course of the scheme, BICHER referred to himself as the “Wolf of Airbnb” and explained to media outlets that this nickname referred to the fact that he was “hungry and ruthless enough to get on top of the financial ladder” and had the “ferocity…of a wolf, because wolves are territorial, vicious, and show no mercy when provoked.”
In addition, between at least in or about April 2021 until in or about July 2021, BICHER engaged in a scheme to obtain Government-guaranteed loans through a loan program of the United States Small Business Administration designed to provide relief to small businesses during the COVID-19 pandemic, namely the PPP. In furtherance of this scheme, BICHER submitted at least four applications for PPP loans on behalf of at least three entities and obtained over $565,000 in loan proceeds. These PPP applications contained fraudulent documents and false information. For example, in connection with the PPP applications, BICHER submitted tax documents which were purportedly filed with the Internal Revenue Service (“IRS”). These documents were falsified, in that the entities seeking PPP loans had not actually filed the purported tax returns with the IRS, and BICHER has not otherwise reported the purported income to the IRS. In connection with one of the PPP applications, submitted on behalf of NY Approved Rentals, BICHER submitted a copy of a 2019 income tax return which was purportedly filed with the IRS and was signed by a particular accountant (“Accountant-1”) located in the state of Florida. In truth and fact, NY Approved Rentals did not file a tax return of any kind in 2019, and BICHER only requested that Accountant-1 prepare a tax return for NY Approved Rentals after BICHER was asked to provide a copy of the tax return in connection with the PPP loan.
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BICHER, 31, of Hialeah, Florida, is charged with two counts of wire fraud and one count of aggravated identity theft. The two counts of wire fraud each carry a maximum sentence of 20 years in prison. The charge for aggravated identity theft carries an additional mandatory consecutive two-year sentence.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Matthew Weinberg is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Complaint and the description of the Indictment and Complaint set forth in this release constitute only allegations, and every fact described should be treated as an allegation.
Wormleysburg Man Re-Indicted for Stealing Construction Materials from New U.S. Courthouse in HarrisburgRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Christopher Gontaryk, age 47, of Wormleysburg, Pennsylvania, was indicted yesterday by a federal grand jury on one count of theft of government property.
According to United States Attorney Gerard M. Karam, the indictment alleges that between March 6, 2022 and March 14, 2022, Gontaryk stole and then retained construction materials belonging to the United States from the site of the U.S. Courthouse being constructed near the intersection of Reily Street and North 6th Street in Harrisburg, Pennsylvania.
Gontaryk was previously indicted in January 2022 for committing a similar offense—stealing construction materials from the U.S. Courthouse construction site—on October 11, 2021. He pleaded guilty to the October 2021 offense in May 2022, and he is currently awaiting sentencing.
In March 2022, Gontaryk’s bail was revoked, and he was ordered to be detained after being arrested for committing the new offense.
The case was investigated by the U.S. Department of Homeland Security, Federal Protective Service. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
The maximum penalty under federal law for theft of government property is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The defendant may also face an enhanced penalty because this offense was committed while he was on pretrial release for the earlier charge. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Worcester Man Sentenced to over Five Years in Prison for Hobbs Act ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced yesterday for his role in an attempted robbery of a Rockland-based glassware dealer.
Grace Katana, a/k/a “King Grace,” 31, was sentenced by U.S. Senior District Court Judge Timothy S. Hillman to 64 months in prison followed by three years of supervised release. On June 7, 2022, Katana was convicted by a federal jury of conspiring to interfere with interstate commerce by robbery, commonly referred to as Hobbs Act robbery. Katana was indicted in July 2019 with co-defendants Junior Melendez, Shaun Walker and Keith Johnson.
In March 2019, Katana conspired with Melendez, Walker and, allegedly, Johnson to rob the home of a high-end glassware dealer in Rockland. From March 18, 2019 through March 25, 2019, intercepted communications of a cellphone used by Melendez revealed that Katana and his co-conspirators had planned an armed home invasion and robbery of the Rockland residence.
During the afternoon of March 25, 2019, the four men traveled over 60 miles from Worcester to Rockland in two vehicles. Katana and Melendez first scoped out the robbery target location, a residence which at that time was occupied by a female resident. Katana and Melendez then proceeded to a nearby hardware store and purchased a two-foot iron crowbar, a screwdriver and razor blades. Law enforcement monitoring the defendants converged on the four men in the parking lot of the hardware store – disrupting the attempted robbery. In addition to the items just purchased at the hardware store, a loaded .380 firearm was seized from one of the vehicles.
Melendez and Walker previously pleaded guilty to their roles in the conspiracy and are scheduled to be sentenced on Nov. 29, 2022, and Nov. 15, 2022, respectively. Johnson has pleaded not guilty and is awaiting trial.
United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; and Rockland Police Chief John R. Llewellyn made the announcement today. Assistant U.S. Attorneys Greg A. Friedholm and Kristen M. Noto of Rollins’ Worcester Branch Office prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Woman Sentenced to Probation for Offering Illegal Silicone Augmentation InjectionsRead the Press Release
SAN JUAN, Puerto Rico – A Caguas woman, 55, was sentenced today to one year probation, $10,000 fine, and $1,393.75 of restitution for offering illegal buttock injections to prospective clients at Belleza Vital Spa Inc. d/b/a Belleza Vital Estetic (“BVE”), a business she operated in Caguas, Puerto Rico.
According to court documents, Debra Esteves-Meléndez, who was not a licensed physician or other medical practitioner, offered buttock injections to prospective clients at Belleza Vital Estetic and made false statements to her clients as to the safety of the material that she was injecting with the intent to defraud and mislead. The products the defendant injected into her clients were purchased and shipped from Colombia to Puerto Rico.
In or about September 2021, Esteves-Meléndez possessed material at BVE which was tested by the Food and Drug Administration (FDA) and determined to contain polydimethylsiloxane, or silicone oil, a medical device under the Federal Food, Drug, and Cosmetic Act (FDCA).
“Injecting illegal material such as liquid silicone without the involvement of a medical professional endangers consumers and violates the law,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The U.S. Attorney’s Office will continue to work closely with the FDA to investigate and prosecute the illegal dispensing of misbranded material and unauthorized drugs.”
“Liquid silicone injected into individuals’ bodies can cause serious harm and even death, and FDA has not approved any such product for body contouring,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations Miami Field Office. “We will continue to aggressively pursue and bring to justice those who endanger consumers by offering this hazardous procedure in order to enrich themselves.”
The Food and Drug Administration investigated the case.
Assistant U.S. Attorney Seth Erbe, Chief of the Financial Fraud and Public Corruption Section prosecuted the case.
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Waterloo Man Sentenced to Ten Years in Federal Prison for Assaulting Woman with a FirearmRead the Press Release
A Waterloo man, who is a felon and shot a firearm at a residence after assaulting a woman, was sentenced October 26, 2022, to ten years in federal prison.
Trivansky Tyrique Swington, age 29, from Waterloo, Iowa, received the prison sentence after a jury found him guilty of possession of a firearm by a felon on February 9, 2022.
Evidence at the trial and sentencing showed that in February 2021, Swington was at a party in Waterloo. Swington and three others left the party and got into a vehicle. Swington then assaulted one of the women in the vehicle. Swington scratched at the woman, pulled her hair out, and held a gun to her head. The woman and other people inside the vehicle were able to get out. Swington then punched another woman in the face. Swington took off down the street on foot. A few moments later, he turned around and fired at least two shots at the residence where the party was being held. A three-year-old child was inside sleeping at the time. Officers were able to locate Swington a few blocks away. They also used a police K-9 to locate the firearm, which Swington had tried to bury in the snow. Swington has ten prior convictions including convictions for assault, harassment, and conspiracy to commit robbery.
Swington was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Swington was sentenced to 120 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term and pay a $100 special assessment fee. There is no parole in the federal system.
The case was prosecuted by Assistant United State Attorneys Ashley Corkery and Devra Hake. This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Waterloo Police Department, FBI Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2033.
Follow us on Twitter @USAO_NDIA.
Washington Parish Man Pleads Guilty to Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – JAKARI BROWN, a/k/a “Jakari Lemar,” age 24, a resident of Bogalusa, Louisiana, pled guilty on October 25, 2022, before U.S. District Judge Greg G. Guidry to a superseding bill of information which charged him with two counts of being a felon in possession of a firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), announced U.S. Attorney Duane A. Evans.
According to court documents, on April 25, 2019, BROWN, a convicted felon, possessed an Iberia Firearm (HiPoint) Model JPC, .40 caliber pistol that he used during a shootout near the corner of Hickory and South Columbia Streets in Bogalusa. BROWN was again found to be in possession of a gun on December 27, 2021, when police discovered a Smith & Wesson Model SW9VE, 9 millimeter pistol under the driver’s seat in the vehicle BROWN was driving.
The maximum punishment BROWN faces for each offense is ten years imprisonment, a fine of up to $250,000, up to three years supervised release, and a $100 mandatory special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Washington Parish Sheriff’s Office and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Assistant United States Attorneys J. Benjamin Myers and Maurice Landrieu.
Warren County Man Used Stolen Mail, Multiple Schemes to Commit FraudRead the Press Release
ST. LOUIS – Four people from Warren County, Missouri were indicted in U.S. District Court in St. Louis Wednesday and accused of using stolen mail and a series of schemes to commit fraud.
Elijah Briggs, 41, of Warren County, was indicted on three counts of bank fraud, four counts of aggravated identity theft, and one count each of possession of stolen mail and possession of 15 or more unauthorized access devices. Holly Naylor, 39, Jessica Kirkpatrick, 42, and Reuben Kim, 34, were each indicted on two counts of bank fraud. All but Kirkpatrick are in custody.
From Jan. 31, 2019 through at least 2021, Briggs obtained the personal information, including checking account information, of multiple victims by stealing outgoing or delivered mail from their mailboxes, the indictment says.
He then used a series of schemes to steal money, the indictment says. Briggs altered stolen checks to make them payable to himself or others, opened bank accounts and credit accounts with the stolen information and accessed victims’ accounts online to steal money and change their contact information, the indictment says.
Brigs also attempted to cash a legitimate payroll check to himself multiple times and used information on the check to create fake checks payable to and cashed by Naylor and Kim, the indictment says.
Finally, Briggs created fraudulent and counterfeit checks using stolen banking information that Naylor, Kim and Kirkpatrick then cashed, the indictment says.
"This investigation exposed a broad scope of fraudulent activities that showed a brazen disregard for the victims,” said Special Agent in Charge of Homeland Security Investigations Kansas City Katherine Greer. “These are not petty crimes that can be easily recovered from, but instead could result in a lifetime of negative financial and emotional turmoil for the victims. HSI and our law enforcement partners will continue our work to combat financial crimes and to dismantle any organization that support it.”
This case was investigated by Homeland Security Investigations, the U.S. Postal Inspection Service, the Warren County Sheriff’s Department, the St. Charles Police Department, the St. Peters Police Department, and the Wentzville Police Department. Assistant U.S. Attorney Diane Klocke prosecuted the case.
Virginia man pleads guilty to assault of a federal officer and destruction of government propertyRead the Press Release
ATLANTA - Richard Tyler Hunsinger has pleaded guilty to assault on a federal officer and destruction of government property stemming from his use of a homemade explosive device during a protest which threatened the lives of two federal officers during the summer of 2020.
“The citizens of this district have the right to peacefully protest,” said U.S. Attorney Ryan K. Buchanan. “But those who exploit peaceful protests by committing acts of violence, like throwing Molotov cocktails into buildings where law enforcement agents are working, and destroying government property, must be held accountable.”
“Anyone who assaults a law enforcement officer or destroys government property is dangerous and an extreme threat to public safety,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI will not tolerate protesters who turn violent and destructive and will aggressively pursue individuals that undermine the rule of law. Thankfully, no one was seriously injured during Hunsinger’s act of terror.”
“Finding, arresting and prosecuting violent criminals, like Hunsinger, who target law enforcement officers is one of the most important operations there is,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “We are thankful for the hard work done by all of the agencies involved in this case and hope that this sentence serves as a warning to anyone else thinking of committing such heinous acts.”
“The Atlanta Police Department respects every citizen’s right to protest, and we will do everything in our power to protect those rights. However, when a citizen decides to destroy government property, threaten other human beings with bodily harm and use explosive devices during a protest, their actions become criminal and therefore they must be held accountable. We hope this sends a strong message to others, that if you commit these types of acts during a protest, we will find you, and you will be arrested and prosecuted.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: On July 23, 2020, Hunsinger began organizing a protest titled “Rally Against Fascism.” The event was scheduled to occur at the Atlanta-Field Office of the Department of Homeland Security, Immigration and Customs Enforcement (the “DHS building”).
On July 25, 2020, at approximately 11:30 p.m., a crowd gathered at the DHS building for the rally and protested outside a fenced area in front of the building. Hunsinger and others, wearing dark clothing and face coverings, breached the fences and began vandalizing the building.
While the DHS building was occupied by at least two federal employees, Hunsinger smashed at least four windows of the front entry of the structure and then lit and threw a Molotov cocktail into the building through a smashed glass door. At the same time, other individuals utilized rocks, cinder blocks, modified fireworks, more Molotov cocktails, and additional materials, to cause extensive damage to the building totaling more than $46,000.00.
Richard Tyler Hunsinger, 29, of Fairfax, Virginia, pleaded guilty to assault on a federal officer in violation of Title 18, United States Code, Sections 111(a)(1) and (b), and destruction of government property, in violation of Title 18, United States Code, Section 1361. Sentencing is scheduled for January 24, 2023, at 10:30 a.m., before U.S. District Judge Amy Totenberg.
This case is being investigated by the Federal Bureau of Investigation and the Department of Homeland Security with assistance from the Atlanta Police Department.
Assistant U.S. Attorney Matthew Carrico is prosecuting this case.
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
United States Attorney Adair F. Boroughs Appoints District Election OfficerRead the Press Release
COLUMBIA, SOUTH CAROLINA -- United States Attorney Adair F. Boroughs announced today that Assistant U.S. Attorney John C. Potterfield will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. Assistant U.S. Attorney Potterfield has been appointed to serve as the District Election Officer (DEO) for the District of South Carolina, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Boroughs said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Boroughs stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, Assistant U.S. Attorney/DEO Potterfield will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (803)-929-3092.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (803) 551-4200.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
United States Attorney Boroughs said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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U.S. Attorney’s Statement Relating to the November 8, 2022 General ElectionRead the Press Release
HAMMOND- United States Attorney Clifford D. Johnson announced today that Assistant United States Attorney (AUSA) David E. Hollar will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Program for the upcoming November 8, 2022, general election. AUSA Hollar has been appointed to serve as the District Election Officer (DEO) for the Northern District of Indiana, and in that capacity is responsible for overseeing the District’s handling of election related complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Johnson said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process. AUSA/DEO Hollar will be on duty while the polls are open. He can be reached by the public at the following telephone number: 219-937-5500 to handle election complaints during early voting as well as on election day.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached (24/7) by the public at 317-595-4000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U.S. Attorney’s Office Announces Election Day ProgramRead the Press Release
SCRANTON - United States Attorney Gerard M. Karam announced today that Criminal Division Chief Bruce D. Brandler, Assistant United States Attorneys (AUSA) Michael Consiglio, Geoffrey MacArthur, and James Buchanan will lead the efforts of this Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election.
Criminal Chief Brandler has been appointed to oversee and lead the District’s Election Day Program. AUSAs Consiglio, Buchanan, and MacArthur will serve as the District Election Officers (DEO) for the Middle District of Pennsylvania in our Harrisburg, Scranton, and Williamsport Offices. In that capacity they are responsible for overseeing the handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” said U.S. Attorney Karam. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Karam stated that: “The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. Fair elections depend in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, our DEOs will be on duty in this District while the polls are open. AUSA/DEO Consiglio can be reached by the public at the Harrisburg Office number: 717-221-4482; AUSA/DEO Buchanan can be reached at the Scranton Office number: 570-348-2800; and AUSA/DEO MacArthur can be reached at the Williamsport Office number: 570-326-1935.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 215-418-4000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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U.S. Attorney's Office Recognizes Federal, State, and Local Law Enforcement for Outstanding AchievementsRead the Press Release
CHARLOTTE, N.C. – Today, U.S. Attorney Dena J. King hosted the Western District’s Excellence in the Pursuit of Justice award ceremony, to recognize law enforcement personnel from local, state and
federal law enforcement agencies for their significant contributions to the mission of the Department of Justice, and for their commitment to protecting the people of the Western District of North Carolina.
“It is an honor to recognize the remarkable men and women in law enforcement for going above and beyond the call of duty to protect our communities and to hold wrongdoers accountable for their actions,” said U.S. Attorney King. “A career in law enforcement is not for the faint of heart. Those who wear the badge understand what it means to live a life of service, despite the significant dangers and challenges that come with the job. I congratulate the recipients for this well-deserved recognition. I am grateful for their outstanding efforts to ensure public safety and for serving the people of the Western District of North Carolina with integrity and excellence.”
The following law enforcement professionals were recognized in the Outstanding Case category, for their work as an investigative team and their exemplary performance in cases handled by the U.S. Attorney’s Office:
United States v. Rodney Allison
Johnathan R. Austin - Buncombe County Sheriff’s Office/DEA
Nathan Ball – Buncombe County Sheriff’s Office
Michael W.C. Beam – DEA
Melody J. Cox – HIDTA/DEA
Sonia Escobedo – Asheville Police Department/DEA
Andrew N. Fournier – Asheville Police Department
Brett L. Foust – Asheville Police Department
Steven Hendricks – Asheville Police Department
Brett T. Maltby - Asheville Police Department
Christopher M. Plowucha – Buncombe County Sheriff’s Office
Organized Crime Drug Enforcement Task Force (OCDETF) Operation “COVID CHAOS”
Nathan DeWeese – Haywood County Sheriff’s Office
Christopher B. Green – ATF
Brian A. Leopard – Swain County Sheriff’s Office/DEA
Mark Mease – Haywood County Sheriff’s Office
Micah P. Phillips – Haywood County Sheriff’s Office/ATF
Michael J. Reagan – Haywood County Sheriff’s Office/DEA
Andrew G. Scripture – DEA
Jay Stoller – Haywood County Sheriff’s Office
Alan C. Townsend – ATF
United States v. Shane Swimmer
Travis Brooks – Cherokee Indian Police Department
Daniel S. Iadonisi - Cherokee Indian Police Department
Mary Lambert – Cherokee Indian Police Department
Eugene J. Vinson – FBI
United States v. Michael Moore
Alvis E. Bergs –HSI
Andrew J. Greer - HSI
Illegal Firearms Interdiction
Seth M. Berger – ATF
Andrew J. Collier – Federal Air Marshal Service
Kelly M. Harrison – HSI
Christopher C. McMaster – FBI
United States v. Elijah Gorla
Jacob R. Guffey – FBI
William S. Hairston, Jr. – ATF
Rebecca T. Russell – Watauga County Sheriff’s Office
The following law enforcement professionals were recognized in the Outstanding Team Performance category:
Queen City Regional Border Enforcement Security Taskforce – “QCR-BEST”
Ronald Bollinger – North Carolina Department of Public Safety/HSI
Stephen Brown – Charlotte Mecklenburg Police Department/HSI
Kirk Bynoe - Charlotte Mecklenburg Police Department/HSI
Jonathan Cerdan - Charlotte Mecklenburg Police Department/HSI
Daniel Johnson – Huntersville Police Department/HSI
Kyle Lang – Mint Hill Police Department/HSI
Daniel S. Leal – HSI
Michael E. Morizio – HSI
Kevin Osuch – Matthews Police Department/HSI
Courtney Roanhorse – HSI
Josh Smith – Stallings Police Department/HSI
The following recipients were selected to receive the Outstanding Individual Performance award for their exemplary contributions to multiple cases prosecuted by the U.S. Attorney’s Office:
Randy Berkland – United States Postal Inspection Service
Zackery T. Hagler – Charlotte Mecklenburg Police Department/FBI
Christopher P. Morgan – DEA
Jason D. Whitt – FBI
This year, the U.S. Attorney’s Office recognized Mr. Holrick L. Foster with the Outstanding Citizen Award for his contribution in a case prosecuted by the U.S. Attorney’s Office, and presented Adams Outdoor Advertising with the Outstanding Community Service award for partnering with the U.S. Attorney’s Office to promote the Office’s Think Again initiative.
U.S. Attorney King thanked the awardees for their distinctive efforts and their dedication to pursuing justice while working together to build public trust and keep our communities safe.