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11 August 2022
Philadelphia Pharmacy and Owner Who Pled Guilty Agree to Resolve Civil Fraud and Controlled Substance Liability for over $4 MillionRead the Press Release
PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that the United States filed a proposed civil judgment with Philadelphia-based Spivack, Inc., previously operating under the name Verree Pharmacy, and owner-pharmacist Mitchell Spivack, to resolve allegations that they engaged in a years-long practice of illegally dispensing opioids and other controlled substances, and systematic health care fraud. The United States filed the related lawsuit against them and other employees of the pharmacy earlier this year. The pharmacy and Spivack have agreed, subject to court approval, to pay over $4.1 million to resolve their civil liability under the Controlled Substances Act, False Claims Act, and forfeiture. The proposed judgment would also permanently ban them from ever dispensing controlled substances in the future.
The culmination of a multi-year federal-state investigation, the previously-filed complaint alleged that Verree Pharmacy, its pharmacist and owner Mitchell Spivack, and other employees of Verree, had a responsibility to dispense opioids and other controlled substances only when appropriate. Instead, the United States alleged that the pharmacy and Spivack dispensed the drugs, even when faced with numerous red flags suggestive of diversion—such as opioids in extreme doses, dangerous combinations of opioids and other “cocktail” drugs preferred by those addicted, excessive cash payments for the drugs, blatantly forged prescriptions, and other signs that the pills were being diverted for illegal purposes. The complaint alleged that Verree—which was the top retail pharmacy purchasing oxycodone in Pennsylvania—has been a nationwide and regional outlier in its deviant purchasing, dispensing, and billing of controlled substances. To avoid scrutiny from the drug distributors that sold them the pills, Verree through Spivack allegedly made false statements to maintain the façade of legitimacy and keep the pharmacy stocked with these pills critical to their profits. Behind that façade, the complaint alleged that Spivack drew millions of dollars from the pharmacy while the public suffered the consequences.
The United States’ complaint alleged that Verree and Spivack were also engaged in an expansive health care fraud scheme involving fraudulent billings for drugs not actually dispensed. The alleged cornerstone of the scheme was a code used by the pharmacy employees in their internal computer system: “BBDF” or “Bill But Don’t Fill.” Verree, Spivack, and their co-conspirators allegedly used BBDF as a means to cover their losses on other drugs and further line their pockets with illicit profits by falsely claiming to insurers, including Medicare, that they had dispensed a drug to a patient, when in fact they had not. According to the complaint, this sophisticated fraud—which one of the employees admitted to investigators—resulted in significant damages to Medicare and other federal programs.
The lawsuit seeks civil penalties and damages on Verree, Spivack, and the other pharmacy employee defendants under the Controlled Substances Act, False Claims Act, and civil forfeiture.
The pharmacy and Spivack agreed to resolve this civil liability under terms outlined in the proposed consent judgment, if accepted by the court. Among other things, the pharmacy and Spivack would pay over $4.1 million in civil damages and penalties under the False Claims Act, Controlled Substances Act, and in civil forfeiture, along with the approximately $500,000 Spivack agreed to pay in criminal restitution and criminal forfeiture. The proposed resolution would also permanently prevent the pharmacy and Spivack from prescribing, distributing, or dispensing any controlled substances in the future, and prevents them from ever seeking another controlled substance registration from the Drug Enforcement Administration. The resolution would also impose a 22-year exclusion on the pharmacy and Spivack from Medicare and Medicaid.
The civil complaint relates to criminal charges that were previously filed against Mitchell Spivack. On May 31, 2022, the U.S. Attorney’s Office filed a one-count criminal information against Spivack for conspiracy to defraud the United States based on allegations similar to those in the civil litigation. Spivack pled guilty to that charge on June 29, 2022.
“Pharmacies and pharmacists who engage in illegal dispensing of opioids devastate their communities and worsen our country’s opioid epidemic” said U.S. Attorney Romero. “Providers who abuse Medicare and other federal health care programs by taking money with false billings also steal precious resources from programs critical to the health of our seniors and other citizens. This Office is committed to investigating and holding accountable those providers who violate their controlled substance and health care billing obligations. Our Office deeply appreciates our partnership with the DEA, HHS-OIG, and the Pennsylvania Attorney General’s Office in pursuing these cases.”
“In a city that has been so adversely and disproportionately affected by the opioid epidemic, Verree Pharmacy was the top retail pharmacy purchasing oxycodone in the entire state of Pennsylvania,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Spivack and Verree Pharmacy routinely demonstrated total disregard for their professional and ethical obligations, and improperly dispensed powerful painkillers when numerous warning signs were present.”
“The Medicare and Medicaid Programs provide vital prescription drug services to their beneficiaries,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office for the Department of Health and Human Services, Office of Inspector General. “Pharmacies are required to only bill for prescriptions and products they actually provide to their patients. HHS-OIG will continue to work with the U.S. Attorney’s Office, the Pennsylvania Attorney General’s Office, and the DEA to investigate allegations of fraudulent insurance billings.”
“We know that nearly 80% of those who use heroin first started with misusing a prescription opioid,” said Attorney General Josh Shapiro. “Today, this pharmacy and their owner took a critical step in resolving the civil suit against them for allegedly filling prescriptions outside of medical standards for the highly addictive drug oxycodone. In addition to the owner’s criminal plea, this civil settlement will get them out of the drug business for good. The opioid crisis killed 5,438 Pennsylvanians last year – and we can’t afford to lose one more life. Pharmacies and medical professionals have a responsibility under the law to dispense these drugs only when appropriate.”
If the public has any information regarding Verree Pharmacy or any other health care fraud allegation, individuals should contact the HHS-OIG hotline at 800-HHS-TIPS.
The case is being investigated by the Philadelphia Field Division of the DEA, the Pennsylvania Department of State’s Bureau of Enforcement and Investigation, HHS-OIG, and the Pennsylvania Office of the Attorney General, with additional assistance from the HHS-OIG Office of Audit Services, Office of Personnel Management Office of Inspector General, the Defense Health Agency, and the Defense Criminal Investigative Service. The civil investigation and litigation are being handled by Assistant United States Attorneys Anthony D. Scicchitano and Sarah L. Grieb and auditors Dawn Wiggins and George Niedzwicki. The related criminal charges are being prosecuted by Assistant United States Attorney M. Beth Leahy and Special Assistant United States Attorney Linda Montag from the Pennsylvania Office of the Attorney General.
Except for what has been admitted in the criminal proceeding, the complaints in the civil litigation contain allegations only that the United States must prove if the case proceeds to trial. The proposed consent judgment would resolve any alleged civil liability as to Spivack, Inc. d/b/a Verree Pharmacy and Mitchell Spivack. The United States’ civil litigation against the remaining pharmacy employee defendants remains ongoing.
Penitas mayor convicted of defrauding La Joya school districtRead the Press Release
McALLEN, Texas – The current mayor of Penitas has pleaded guilty to fraud, announced U.S. Attorney Jennifer B. Lowery.
Rodrigo Lopez, 38, Penitas, admitted that in 2018 he aided and abetted the La Joya Independent School District (LJISD) athletic director in committing fraud against the district.
Through his company Xizaka LLC, Lopez had responded to an LJISD solicitation for bids for athletic supply vendors. He was approved. LJISD purchasing procedures require employees to disclose personal or financial interest in connection with bids to the superintendent. As an LJISD employee, he failed to do so.
Lopez also failed to submit the required Conflict of Interest Questionnaire disclosing his interest as a vendor prior to entering into transactions with LJISD.
LJISD purchasing procedures require competitive bids for purchases in excess of $15,000. LJISD purchasing procedures and state law also require competitive procurement mechanisms for contracts for goods in excess of $50,000 per year.
As a vendor, Lopez sold approximately 156 baseball gloves, 15,400 square feet of turf and three pitching machines to LJISD between March and August 2018 for a total of approximately $70,010. In efforts to approve the inflated costs associated with those purchases, Lopez fraudulently submitted over 20 separate invoices to the La Joya athletic director in efforts to aid and abet circumventing of competitive procurement procedures and subsequent approval of the invoices.
As a result of the fraudulent approvals, Lopez fraudulently received at least $34,923.70 in profits and proceeds from the LJISD.
Lopez agreed to pay restitution in that amount.
U.S. District Judge Micaela Alvarez accepted the plea and set sentencing for Oct. 31. At that time, Lopez faces up to 10 years in prison. He was permitted to remain on bond pending that hearing.
The FBI conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco Firearms, and explosives, U.S. Department of Agriculture, Texas Department of Insurance and McAllen Police Department. Assistant U.S. Attorney Roberto Lopez Jr. is prosecuting the case.
Pasadena Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Baltimore, Maryland – Raymond Martin Shamer, III, age 21, of Pasadena, Maryland, pleaded guilty today to possession of child pornography. Shamer admitted that he also distributed child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore.
According to his guilty plea, from at least July 7, 2019 through June 24, 2020, Shamer used online accounts to communicate with others about child pornography, to distribute child pornography, and to collect child pornography. Many of the files Shamer collected documented adults sexually abusing of infants and toddlers while they are bound and subjected to other violent conduct.
Shamer admitted that he used a secure communication application to upload images of children engaged in sexually explicit conduct, and that he shared links to those images with a group of users with whom he engaged in group chat conversations.
On June 24, 2020, a search warrant was executed at Shamer’s residence and investigators seized Shamer’s cell phones and computer. A subsequent forensic examination of the devices revealed a total of more than 1,000 images of child pornography on Shamer’s devices.
As detailed in his plea agreement, upon his release from prison, Shamer will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
Shamer and the government have agreed that, if the Court accepts the plea agreement, Shamer will be sentenced to at least three years in federal prison, followed by at least 20 years of supervised release. U.S. District Judge Ellen L. Hollander has scheduled sentencing for November 29, 2022 at 11:00 a.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Erek L. Barron commended HSI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Parma Man Charged with Conspiracy to Commit Arson During May 30, 2020, Demonstrations and Unrest in Downtown ClevelandRead the Press Release
A Parma man has been charged with one count of conspiracy to commit arson related to the destruction of a parking booth during the May 30, 2020, demonstrations and civil unrest in downtown Cleveland.
According to the indictment, Seth Calig, 49, and others known and unknown are accused of setting fire to the Shaia & PPR parking booth located on West 3rd Street on May 30, 2020. It is alleged that the defendant and others gathered around the parking booth and that the defendant ignited a roll of paper towels and cardboard with a lighter and placed it inside the booth. As a result, it is alleged that Calig and others caused physical damage to the parking booth.
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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Cleveland Division of Police. This case is being prosecuted by Assistant U.S. Attorney Kelly L. Galvin.
Parent Sentenced in College Admissions CaseRead the Press Release
BOSTON – A Pennsylvania man was sentenced today in federal court in Boston in connection with using fraud and bribery to facilitate his child’s acceptance to Georgetown University.
Robert Repella, 63, of Ambler, Penn., was sentenced by U.S. District Court Judge Allison D. Burroughs to one year of probation, with the first 25 days spent in home detention, 220 hours of community service and a fine of $220,000. In May 2020, Repella pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.
Repella agreed to pay Gordon Ernst, the head Georgetown tennis coach at the time, more than $120,000 directly, in exchange for purporting to recruit his daughter to the Georgetown tennis team. Repella was not involved in the college admissions conspiracy led by William “Rick” Singer, which also involved Ernst.
Repella first met with Ernst in August 2017 and agreed to pay Ernst to use one of his six yearly recruitment slots for Repella’s daughter, even though her abilities were not at the level of a typical Georgetown recruit. During an arranged Georgetown campus visit for Repella’s daughter, Repella handed Ernst a check in the amount of $25,000. Repella made a second payment of $25,000 to Ernst slightly more than two weeks later. After Ernst designated Repella’s daughter as one of his tennis recruits, Repella made additional payments to Ernst, or for his benefit, through August 2018, including tuition payments to Ernst’s daughters’ private high school.
Ernst previously pleaded guilty and was sentenced to 30 months in prison, two years of supervised release and ordered to forfeit $3,435,053.
Case information, including the status of each defendant, is available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Terry Harris, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Eastern Regional Office made the announcement today. Assistant U.S. Attorneys Stephen E. Frank, Leslie A. Wright, Kristen A. Kearney and Ian Stearns of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.
Oakland Resident Charged in Scheme to Distribute Drugs in the Tenderloin District of San FranciscoRead the Press Release
SAN FRANCISCO – The Office of the United States Attorney filed a federal criminal complaint charging Elio Hernandez-Zuniga with distributing methamphetamine and fentanyl in San Francisco’s Tenderloin District, announced U.S. Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Special Agent in Charge Wade R. Shannon. Zuniga was arrested Thursday, August 4, 2022, and appeared August 10, 2022, at a detention hearing before U.S. Magistrate Judge Sallie Kim, who remanded him into federal custody pending further proceedings.
According to the criminal complaint, on May 26, 2022, Hernandez-Zuniga, 25, of Oakland, was riding back and forth on a scooter in the Tenderloin district when an undercover law enforcement officer approached Zuniga and offered to purchase $100 worth of methamphetamine. Zuniga agreed to the transaction, exchanged telephone numbers with the undercover officer, and gestured to a colleague to come where the transaction was occurring. The complaint alleges that Zuniga conversed in Spanish with the associate, received something from him, and eventually provided the undercover officer with 10 small packages of suspected methamphetamine.
In additional filings in the case, the government alleges that Hernandez-Zuniga commuted directly from Oakland to San Francisco and back approximately six days a week between around 9 a.m. and 5 p.m. to sell drugs. The complaint describes an additional four transactions that are alleged to have occurred during June and July of 2022. The first transaction, on June 7, 2022, allegedly occurred after an undercover officer contacted Hernandez-Zuniga by text message and offered to purchase $100 worth of methamphetamine and $100 worth of fentanyl. Hernandez-Zuniga agreed and arranged to meet in the Tenderloin. The officer and Hernandez-Zuniga met, but Hernandez-Zuniga provided $200 worth of suspected methamphetamine, but no fentanyl. An additional transaction occurred the next day when Hernandez-Zuniga agreed to, and actually did, provide the undercover officer with $100 worth of suspected fentanyl.
The next transaction allegedly occurred July 7, 2022. On that day, the undercover officer drove an unmarked police vehicle and parked at the corner of Post and Larkin Streets in the Tenderloin. Hernandez-Zuniga allegedly parked his scooter nearby, entered the unmarked car, and negotiated the sale of two bags of suspected fentanyl, weighing in total over 50 grams. Similarly, the complaint describes a transaction that allegedly occurred July 27, 2022, after which the undercover officer again drove an unmarked police vehicle and parked at the corner of Post and Larkin Streets. Again, Hernandez-Zuniga entered the car and this time negotiated the sale of over 57 gross grams of suspected methamphetamine for $800.
In connection with his August 4, 2022, arrest, law enforcement officers found 162.2 grams of suspected fentanyl, 180 grams of suspected methamphetamine, 120.7 grams of suspected cocaine base, and 35.3 grams of suspected heroin in Zuniga’s possession. In addition, officers found packaging materials, multiple digital scales, and over $2,000 in cash.
The criminal complaint charges Hernandez-Zuniga with possession with intent to distribute and distribution of 40 grams or more of a mixture or substance containing a detectable amount of fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(vi), and possession with intent to distribute and distribution of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). For the fentanyl distribution charge, Hernandez-Zuniga faces a mandatory minimum five years in prison as well as a maximum 40 years of imprisonment and $5,000,000 fine. For the methamphetamine distribution charge, Hernandez-Zuniga faces a maximum 20 years of imprisonment and $1,000,000 fine. However, any sentence after conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Hernandez-Zuniga is next scheduled to appear on August 31, 2022, before Judge Kim, for a further detention hearing.
Assistant U.S. Attorney Kevin Yeh is prosecuting this case with assistance from Mimi Lam and Alycee Lane.
This case is the result of an investigation by the DEA with assistance from the San Francisco Police Department.
New York Man Sentenced for Threatening Public OfficialsRead the Press Release
RICHMOND, Va. – A New York man was sentenced today to more than 9 years in federal prison for mailing threatening letters to a federal law enforcement officer with the Naval Criminal Investigative Service and to a federal prosecutor.
According to court documents, in 2021, Brock Beeman, 29, sent multiple threatening letters from prison to governmental employees associated with a separate criminal prosecution of the defendant in Norfolk. These letters included detailed threats to kill, torture, and/or maim various individuals, including a United States District Judge, a United States Probation Officer, Assistant United States Attorneys, Special Agents with the Naval Criminal Investigative Service, United States Marshals, and other individuals associated with the defendant’s Norfolk criminal prosecution, as well as their friends and family members. These letters further included bomb threats for various locations, including federal courthouses, a military installation, and law enforcement offices.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Shannon Saylor, Acting United States Marshal for the Eastern District of Virginia, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck.
Assistant U.S. Attorneys Angela Mastandrea-Miller and Avi Panth 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. 3:21-cr-095.
Nevada Woman Charged with Obstructing Justice by Falsifying Records while Released on BailRead the Press Release
NEWARK, N.J. – A Nevada woman will make her initial court appearance today for allegedly falsifying records in connection with criminal charges she is currently facing in the District of New Jersey, U.S. Attorney Philip R. Sellinger announced.
Anna Kline, aka “Jordana Weber,” is charged by complaint with one count of falsifying records in a federal investigation. She was arrested Aug. 10, 2022, and is scheduled to appear today before U.S. Magistrate Judge Craig Denney in the District of Nevada.
According to the complaint:
On July 31, 2019, Kline and a conspirator, Jason Torres, were charged by criminal complaint in the District of New Jersey for their roles in a $7 million fraudulent advance fee scheme orchestrated by Kline between April 2017 and July 2019.
While out on bail on this charge, Kline, through her then-attorney, provided the government with a .pdf document that purported to be a portion of a Cellebrite report showing iMessages between Kline and Torres showing Torres making threats toward Kline and insinuating that Torres was primarily responsible for the fraudulent advance fee scheme.
A forensic review of the .pdf document revealed that it had been falsified. Kline also presented the fake Cellebrite report to a family court in California as part of a custody dispute between Kline and Torres. During that hearing, Kline represented that the report had been generated by a forensic examiner named “Drew Andrews.” The investigation revealed that “Andrews” did not exist, but was actually an alter-ego of Kline’s that she used to deceive the California family court, her attorney, and a forensic expert.
In addition to the fraudulent Cellebrite report, Kline also provided the government a computer that she claimed contained an iTunes backup that included the alleged text messages from Torres. A forensic review of the computer revealed that data on the computer, including the iTunes backup, had been manipulated. Kline changed, or caused to be changed, certain time stamps on the computer to make it appear as if the iTunes backup and other files stored on the computer were created in April 2020, when the fictional “Andrews” purportedly ran the fraudulent Cellebrite report.
The obstruction charge carries a maximum penalty of 20 years in prison and a fine of up to $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Anthony Torntore of the U.S. Attorney’s Cybercrime 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.
Nashville Man Sentenced to Federal Prison for Drug & Firearms ViolationsRead the Press Release
NASHVILLE – A Nashville, Tennessee man was sentenced to 15 years in federal prison today for drug and firearms violations, announced U.S. Attorney Mark H. Wildasin.
Anthony Ussery, 40, pleaded guilty in May to being a convicted felon in possession of a firearm; being a convicted felon in possession of ammunition; and possession with intent to distribute more than 40 grams of fentanyl.
According to Court records, On May 8, 2019, officers with the Metropolitan Nashville Police Department (MNPD) responded to a shots fired call at the intersection of East Trinity Lane and Meridian Street and discovered two victims with gunshot wounds. Video footage from a nearby business showed a black sedan approach the victims, at which point an individual fired multiple shots before fleeing the scene. The subsequent investigation identified Ussery as the shooter and the two victims, who are brothers, believed the shooting occurred as a result of a recent dispute with Ussery. Ussery was later arrested and charged by MNPD in relation to this shooting.
On March 23, 2021, while out on bond for the May 2019 shooting, Ussery was stopped by a Nashville Airport Authority police officer for a traffic violation and was found to be in possession of 57 grams of fentanyl and a loaded 9mm pistol. On March 25, 2021, a federal criminal complaint charged Ussery with federal crimes and he was subsequently indicted by a federal grand jury on July 13, 2021.
Ussery has four prior felony convictions, including attempted robbery; manslaughter; facilitation of the sale of drugs; and possession with intent to distribute Schedule IV controlled substances. In sentencing Ussery, the Court found that these convictions qualified him as an Armed Career Criminal, subjecting him to a mandatory minimum of 15 years in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Metropolitan Nashville Police Department; and the Nashville Airport Authority Department of Public Safety. Assistant U.S. Attorneys Josh Kurtzman and Dwight Artis prosecuted the case.
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Nashville Man Pleads Guilty to Federal Firearms Charge After Hiding Cache of Weapons in Detention CenterRead the Press Release
NASHVILLE – A Nashville, Tennessee man scheduled for trial in U.S. District Court next week pleaded guilty today to being a convicted felon in possession of a firearm, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Alexander Friedmann, 52, was charged in May 2020, after an elaborate scheme was uncovered in which Friedman hid a variety of weapons and accessories in the Davidson County Downtown Detention Center (DDC) while it was under construction. Friedmann was found guilty last month of felony vandalism by a state trial jury.
“Whatever sinister plan Friedmann had intended was foiled by the keen attention to detail by DCSO employees,” said U.S. Attorney Wildasin. “I commend these dedicated law enforcement professionals who made the initial discovery and our other local and federal partners who initiated an enormous response to ensure the safety of all when the facility opened. “Through their efforts, the possibility for unspeakable tragedy was avoided.”
According to Court documents, in late December 2019, while preparing for the January 2020 opening of the facility, Davidson County Sherriff’s Office (DCSO) employees discovered two keys missing from the facility’s key control room. A review of video surveillance footage revealed that an individual, dressed in clothing consistent with facility construction workers, had entered the room and taken two keys to secure areas of the facility. On January 4, 2020, the same individual, later identified as Friedmann, was located on the property. Friedmann was wearing a yellow reflective vest, a hard hat, protective gloves, and a dust mask covering his face. Friedmann told DCSO employees he was there working, but it was determined that he was not employed by the construction company or any of its contractors. Friedmann was detained by the DCSO, and subsequently arrested by the Metropolitan Nashville Police Department. At the time of his arrest, Friedmann had a hand drawn schematic of a portion of the DDC, which he attempted to destroy by chewing it up and swallowing.
A subsequent review of historical surveillance footage determined that, beginning in August 2019, an individual dressed as a construction worker and alleged to be Friedmann, entered the facility on at least 10 occasions, sometimes accompanied by an accomplice who acted as a lookout. The individual was observed on video on several occasions removing material from the expansion joints in block walls and caulk from window areas, after which he placed items inside and covered the joints with another material. On other occasions, he was observed checking different parts of the facility and making notes. Based on the video evidence, a search of the identified areas of the facility was conducted on February 10, 2020, and investigators recovered three handguns, ammunition, handcuff keys, razor blades, and other items.
Subsequent investigation determined that Friedmann owned a condominium in a complex in Nashville and contracted an individual to build a 200 square foot fire-proof storage area in a basement area of one of the buildings. This storage area was constructed out of concrete block. When law enforcement executed a search warrant at this location on March 13, 2020, it appeared that this room was used as a practice facility. Investigators noticed several inconsistencies in the mortar joints of the block walls, similar to those discovered earlier at the DDC. It was also determined that Friedmann had recently moved several locked storage crates from the room to a friend’s house on Whites Creek Pike in Joelton, Tennessee.
On March 20, 2020, a search warrant was executed at the Joelton location, and investigators recovered several crates, which contained 21 firearms, including assault rifles, handguns, shotguns and a 37mm launcher.
Friedmann has been convicted of prior felonies, including armed robbery; assault with intent to commit first degree murder; and attempted aggravated robbery. Sentencing is scheduled for January 4, 2023.
This case was investigated by the FBI; the Bureau of Alcohol, Tobacco, Firearms & explosives; the Metropolitan Nashville Police Department and the Davidson County Sheriff’s Office. Assistant U.S. Attorney Rob McGuire is prosecuting the case.
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Middlesex County Company Admits Undervaluing Merchandise to Avoid Paying U.S. Customs DutiesRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, company has entered into a settlement agreement with the United States to resolve allegations that it made false statements to avoid paying customs duties, U.S. Attorney Philip R. Sellinger announced today.
According to the admissions and contentions of the United States in the settlement agreement:
Eos Energy Storage LLC (Eos) is a publicly traded company headquartered in Edison, New Jersey, that designs and sells industrial batteries to power companies and other commercial enterprises. From July 8, 2018, to June 7, 2019, Eos purchased components for its batteries from third parties in the United States and elsewhere, and then provided those components to a foreign manufacturer to be included in the assembly of batteries that Eos imported into the United States. Once the batteries were assembled, Eos imported them into the United States.
When Eos imported the assembled batteries into the United States, the company should have declared to U.S. Customs the value of the components that it provided to the foreign manufacturer. Eos failed to declare the value of those components to U.S. Customs. Eos also failed to declare transportation and packing costs that should have been declared. In the settlement agreement, Eos admitted that as the importer of record, it was obligated to declare the value of the components, as well as the transportation and packing costs, but failed to do so on more than 60 occasions. Under the settlement agreement, Eos will pay $1.02 million to the United States pursuant to the False Claims Act.
The settlement with Eos resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties, called relators, to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The relator, Vincent Icolari, will receive 20 percent of the settlement amount recovered by the United States pursuant to the False Claims Act.
U.S. Attorney Sellinger credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, and U.S. Customs and Border Protection, Office of Field Operations under the direction of Director Francis Russo in New York, with the investigation leading to the settlement.
The government is represented by Assistant U.S. Attorney David V. Simunovich of the Health Care Fraud Unit in Newark.
The qui tam case is captioned United States ex rel. Icolari v. Eos Energy Storage, LLC, Civil Case No. 19-22129 (MCA) (LDW).
Meridian Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – A Meridian man pleaded guilty today to possession of a firearm by a convicted felon, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Billy Ray Craven, 54, was found in possession of a firearm in his vehicle by officers of the Lauderdale County Sheriff’s Office on August 6, 2019, during a traffic stop.
Craven plead guilty to a violation of Title 18, United States Code, Section 922(g)(1) which criminalizes the possession of firearms by convicted felons. He is scheduled to be sentenced on November 8, 2022 and faces a maximum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Lauderdale County Sheriff’s Office and the ATF are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Massachusetts Fugitive Charged with Possessing Fentanyl and CocaineRead the Press Release
Damian Williams, United States Attorney for the Southern District of New York, Frank A. Tarentino III, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Ricky J. Patel, the Acting Special Agent-in-Charge of the New York Field Office of the Department of Homeland Security (“HSI”), and Keechant Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced that BENITO BELLO, a/k/a “Zuriel Ayala Rodriguez” was charged in a criminal complaint today with possession of fentanyl and cocaine with the intent to distribute them. BELLO was arrested yesterday on an outstanding warrant in Massachusetts and has been charged by complaint in the Southern District of New York. BELLO will be presented before United States Magistrate Judge Robert W. Lehrburger in Manhattan federal court at a later date.
U.S. Attorney Damian Williams said: “As alleged, the defendant was trafficking huge quantities of fentanyl from his home in the Bronx—a home he shared with his minor children and a home that was next door to a day care center serving infants as young as six weeks old. Thanks to our law enforcement partners, approximately 14 kilograms of this deadly drug that is fueling the opioid epidemic in our city will never flood the streets.”
DEA Special Agent-in-Charge Frank Tarentino said: “Seventy five percent of all overdoses and poisonings involve an opioid like heroin and fentanyl. This seizure and arrest have saved lives and shut down a multi-million dollar drug mill located next door to a children’s day care. DEA works with our law enforcement partners every day to make this city and country safer and healthier. I applaud the collaboration and hard work by our law enforcement partners.”
HSI Acting Special Agent-in-Charge Ricky J. Patel said: “The dangers of fentanyl are well known. As drug traffickers become more brazen, displaying complete disregard for human life, the plague of addiction continues to tear apart families and communities not only in New York, but throughout the country. Yesterday’s enforcement action took approximately fourteen kilograms of this deadly narcotic not only off the street, but removed it from a residence mere steps from a day care center for young children. HSI, along with our law enforcement partners, will never cease in supporting our local communities in the fight against drug traffickers.”
NYPD Commissioner Keechant Sewell said: “These charges further affirm the NYPD’s unwavering commitment to ridding our city of illegal drugs. And this investigation – involving several law enforcement agencies across multiple states – is a perfect example of how focused collaboration makes us all safer. The narcotics trade wreaks havoc in our communities, and our job is to ensure that anyone who peddles this poison be brought to justice swiftly and successfully. To that end, I thank and commend the U.S. Attorney for the Southern District, the DEA’s New York Field Office, Homeland Security Investigations New York, and all of our law-enforcement partners for their outstanding work on this case.”
As alleged in the Complaint filed today in Manhattan federal court[1]:
On or about January 31, 2013, the Trial Court of Massachusetts, Superior Court, issued a warrant for the arrest of BELLO, a/k/a “Zuriel Ayala Rodriguez,” for failure to appear on charges of drug trafficking, assault and battery, possession of a dangerous weapon, and negligent operation of a motor vehicle.
On or about August 10, 2022, law enforcement agents sought to arrest BELLO on the Massachusetts warrant, after law enforcement surveillance located BELLO at a particular residence in the Bronx. The Bronx residence is located next to a day care center for children as young as six weeks old.
Law enforcement agents later searched the Bronx residence and recovered approximately 14 kilograms of fentanyl, one kilogram of cocaine, a kilogram press, a pill press, a scale, and other drug paraphernalia. Additionally, law enforcement agents recovered suspected fentanyl from a toilet in the Bronx residence, which was running as if it had been flushed.
BELLO, 44, of Lawrence, Massachusetts, is charged with possession with intent to distribute a controlled substance, which carries a maximum sentence of life imprisonment. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of DEA, HSI, and the NYPD. Mr. Williams also praised the United States Marshals for the Southern District of New York and the New York/New Jersey Regional Fugitive Task Force.
The case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Marguerite B. Colson is in charge of the prosecution.
The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Maryland Men Sentenced to Prison Terms for Membership in Computer Fraud and Identity Theft Ring That Targeted State GovernmentsRead the Press Release
ALBANY, NEW YORK – Guy Cuomo a/k/a “John Monaco,” age 54, of Frederick, Maryland, was sentenced today to 45 months in prison for computer fraud, misuse of a social security number, aggravated identity theft and related conspiracy charges for his role in a scheme to sell information unlawfully obtained from the New York State Department of Labor and workforce agencies in other states.
The announcement was made by United States Attorney Carla B. Freedman and Jonathan Mellone, Special Agent in Charge, New York Region, United States Department of Labor, Office of Inspector General (USDOL-OIG).
The evidence at Cuomo’s 5-day trial showed that Cuomo worked for and managed companies owned by Jason “J.R.” Trowbridge in Frederick, Maryland, including Paymerica Corporation. Paymerica researched where purported debtors worked and sold the employer information—called place-of-employment information or “POE”—to debt collectors and companies selling information to debt collectors. In the debt collecting industry, the process is known as “skiptracing.”
To obtain the place-of-employment information, Cuomo and other members of the conspiracy pretended to be the debtors, created thousands of online unemployment insurance applications in the debtors’ names and with the debtors’ personal identifiers, including social security numbers, and completed the applications to the point where each debtor’s last known place of employment appeared. After confirming that the debtors worked for the relevant employers, Paymerica sold the place-of-employment information for approximately $90 per debtor. Over the course of approximately three years, Paymerica made nearly $1 million selling the stolen place-of-employment information.
Cuomo, Trowbridge and other conspirators took a number of steps to hide their activities from state agencies and law enforcement, including using Virtual Private Networks, or VPNs, to mask the Internet Protocol addresses used to access and fill out the unemployment insurance applications in the debtors’ names. The evidence showed that the scheme involved attempts to obtain place-of-employment information for as many as 200,000 people from all 50 states and that Paymerica sold place-of-employment information for at least 12,000 people from 40 states.
United States District Judge Mae A. D’Agostino also ordered Cuomo to serve a 3-year term of supervised release, to begin after he is released from prison.
On March 10, 2022, Senior United States District Judge Thomas J. McAvoy accepted an agreed-upon sentence and ordered that Trowbridge—who pled guilty to conspiracy, misuse of social security number, and aggravated identity theft on November 9, 2021—serve 39 months in prison to be followed by a 2-year term of supervised release, and to pay a $30,000 fine. Trowbridge also agreed to forfeiture of $446,996.46 held in various bank accounts tied to the scheme.
Trowbridge and Cuomo’s five co-defendants previously pled guilty to the following charges and will be sentenced by Judge D’Agostino at a later date:
Defendant
Charge(s)
Maximum Prison Term
Robin Chapin a/k/a “Thomas Price,” age 64, of Frederick, Maryland
Conspiracy to commit computer fraud, accessing a protected computer and obtaining information, aggravated identity theft
Two years for aggravated identity theft, maximum term of 10 years on remaining charges
Rebecca Fogle a/k/a “Roxanne Morris” and “Jessica Felton,” age 28, of Woodsboro, Maryland
Conspiracy to commit computer fraud, accessing a protected computer and obtaining information, aggravated identity theft
Two years for aggravated identity theft, maximum term of 10 years on remaining charges
Shamair Brison a/k/a “Felicia Carter,” age 37, of Frederick, Maryland
Aggravated identity theft
Two years
Sarah Bromfield a/k/a “Nicole Wagner,” age 42, of Frederick, Maryland
Aggravated identity theft
Two years
Anna Hardy a/k/a “Sarah Thomas,” age 69, of Frederick, Maryland
Aggravated identity theft
Two years
A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by USDOL-OIG, with assistance from the New York State Department of Labor, Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and Cyrus P.W. Rieck. The case was also prosecuted to indictment by Assistant U.S. Attorney Wayne A. Myers.
Man Pleads Guilty to 2019 Delaware County MurderRead the Press Release
A 28-year-old man pleaded guilty Thursday in federal court for taking part in the 2019 Delaware County murder of Jerry Tapp and the shooting of a second victim, announced U.S. Attorney Clint Johnson.
Cody Dwayne Buzzard pleaded guilty to second degree murder in Indian Country and brandishing and discharging a firearm during and in relation to a crime of violence. Also charged for the crimes are Cody’s brother Dakota Buzzard and father James Buzzard. The two men are innocent until proven guilty beyond a reasonable doubt in a court of law.
“Today’s conviction was preceded by a meticulous and lengthy investigation by our local, state and federal law enforcement partners and Assistant U.S. Attorneys Ben Tonkin and Victor Régal,” said U.S. Attorney Clint Johnson. “My office will continue our pursuit for accountability in this case. Violent crime whether in Tulsa or in rural Oklahoma will be thoroughly investigated and the perpetrators brought to justice.”
“Today’s plea highlights the efforts of the FBI and our law enforcement partners in identifying, investigating, and prosecuting the most violent offenders in Indian Country,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Together we will continue to hold dangerous criminals like Mr. Buzzard accountable for their actions, pursue justice for victims, and make our communities a safer place for all Oklahomans.”
On Aug. 1, 2019, the Delaware County Sheriff’s Office responded to a 911 call reporting a shooting near Jay. Deputies discovered Jerry Tapp deceased in his front yard. It appeared that Tapp sustained multiple gunshot wounds to his body and that a second victim had sustained a gunshot wound to her arm. According to court documents, the victim told investigators that she heard a noise outside the home early that morning and thought Tapp had forgotten his keys to the house. When she turned on the light and opened the door, she heard gunfire and felt a sudden pain in her right wrist. She then shut and locked the front door, crawled to another room, and called 911. While investigating the crime, OSBI agents located and seized approximately 12, .22 caliber spent casings in the yard, driveway and roadway.
At 9:30 am the day of the crime, Dakota was located by deputies from the McDonald County Sheriff’s Office while driving a white 4-door Altima matching the victim’s description. OSBI agents later found four .22 caliber spent casings inside the vehicle and a .22 caliber rifle and bullets located behind a section of drywall in another individual’s residence who allegedly hid the firearm for the Buzzards. During the investigation, the shell casings found at the scene of the crime were identified as having been fired by the .22 caliber rifle.
On Aug. 6, 2019, investigators obtained Cody’s Facebook records after a search warrant was served. The day before the shooting Cody made inquiries using Facebook about getting a vehicle and firearm. He indicated that he “had business to tend to,” and he was going to “take care of a problem.”
During an interview with authorities, Dakota allegedly stated that he, James, and Cody Buzzard drove toward Tapp’s residence, parked up the road from the home, and waited for him to return from work. James Buzzard allegedly told his sons to retrieve a loaded .22 caliber rifle from the trunk of the car. Dakota stated that once Tapp drove by, the three men followed him to his home. After Tapp stepped out of his vehicle, prosecutors allege the Buzzards aided and abetted one another to shoot and kill Tapp and then shoot his girlfriend.
The FBI, Oklahoma State Bureau of Investigation (OSBI), Delaware County Sheriff’s Office, and McDonald County Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Ben Tonkin and Victor A.S. Régal are prosecuting the case.
See press release describing the charges here.
Lee’s Summit Man Sentenced to 15 Years in Prison for Four Bank RobberiesRead the Press Release
KANSAS CITY, Mo. – A Lee’s Summit, Mo., man was sentenced in federal court today for robbing four banks within a span of about two weeks.
Joseph P. Hall, 33, was sentenced by U.S. District Judge Howard F. Sachs to 15 years in federal prison without parole. Hall was sentenced as a career offender due to his prior felony convictions.
On Jan. 11, 2022, Hall pleaded guilty to two counts of bank robbery. Hall admitted that he stole $7,025 from Bank of America, 10100 E. State Route 350 in Raytown, Mo., on June 2, 2021. Hall also admitted that he stole $4,080 from Great Southern Bank, 150 S.E. Todd George Parkway in Lee’s Summit, Mo., on June 3, 2021.
According to court documents, Hall actually robbed four banks over a span of 15 days. In addition to the robberies to which he pleaded guilty, the court also considered the robbery of a Security Bank of Kansas City branch in Lee’s Summit on May 24, 2021, and the robbery of a Community America Credit Union in Independence on June 7, 2021, as relevant conduct for the purposes of today’s sentencing.
The total sum stolen by Hall during the four robberies was over $21,000. Each of the four bank robberies involved threatening conduct and statements, including Hall’s threats to kill or shoot tellers unless they complied with his demands.
According to court documents, during his first robbery at Security Bank of Kansas City, Hall walked up to the teller window, and loudly said: “Give me the money or I’m gonna kill everyone in here.”
During his second robbery, at Bank of America, Hall handed an employee a note demanding money and then escorted that employee to the teller, all while keeping his hand in his pocket. Upon arriving at the teller window with the employee, Hall instructed the teller to “give (him) all the money” or he would shoot and kill the employee. Hall then began counting backwards from 10, increasing his voice as the numbers got lower. Fearing Hall would kill the employee, the teller handed him the money.
During his third robbery, at Great Southern Bank, Hall again walked up to the teller window and stated: “Today is a good day, you are gonna get robbed. I have a weapon. You have five seconds or I’ll start (to) shoot.” The teller noticed that Hall kept one hand near his waistband during this interaction, and later indicated that she was afraid of being harmed if she did not comply with Hall’s demands While tellers were collecting money, Hall told them they were “going too slow” and “running out of time.”
Hall made similarly threatening statements during his fourth and final robbery, at Community America Credit Union. During that robbery, Hall approached a teller, greeted her, and placed a note on the counter that read: “Give me the money. Don’t say anything or I will kill you.”
On June 9, 2021, two days after the fourth robbery, law enforcement received an anonymous tip that Hall was at a hotel in Independence and had been in possession of a Taurus 9mm handgun. When officers knocked on the door of Hall’s hotel room, he opened the door and, upon seeing the officers, immediately slammed the door shut and barricaded himself inside the room for two-and-a-half hours. During that time, officers spoke with Hall, and he admitted that he was a convicted felon and had been in possession of a firearm. Hall eventually surrendered and was taken into custody.
Hall’s documented criminal history includes four felony convictions for robbery, two felony convictions for burglary, and a felony conviction for theft that involved breaking into a church and stealing more than $500 in property.
This case was prosecuted by Special Assistant U.S. Attorney Stephanie Bradshaw and Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the FBI, the Kansas City, Mo., Police Department, the Lee’s Summit, Mo., Police Department, the Raytown, Mo., Police Department, the Independence, Mo., Police Department, and the Missouri State Highway Patrol.
Le ministère de la Justice clôt son enquête à la suite des améliorations apportées par le système judiciaire unifié du Dakota du Sud pour l’accès des personnes ayant des compétences limitées en anglaisRead the Press Release
Le ministère de la Justice (Justice Department) a annoncé aujourd’hui qu’il mettait fin à une enquête en matière de droits civils à la suite des mesures prises par le système judiciaire unifié du Dakota du Sud (Unified Judicial System, UJS) pour améliorer l’accès des personnes ayant une maîtrise limitée de l’anglais (limited English proficiency, LEP) aux programmes et aux activités judiciaires.
En octobre 2021, le ministère de la justice a finalisé son enquête sur l’UJS ouverte au titre du titre VI de la loi de 1964 sur les droits civils (Title VI of the Civil Rights Act of 1964, Title VI) interdisant toute discrimination fondée sur la race, la couleur et l’origine nationale par les bénéficiaires de l’aide financière fédérale. L’UJS a pris un certain nombre de mesures pour améliorer l’accès aux tribunaux d’État des personnes ayant une maîtrise limitée de l’anglais dans le Dakota du Sud. L’UJS a également officialisé un programme d’accès aux services linguistiques dans les tribunaux et publié plus récemment un programme d’accès aux services linguistiques à l’échelle de l’État qui exige de tous les tribunaux qu’ils fournissent des services d’interprétation et de traduction gratuitement à leurs usagers ayant une maîtrise limitée de l’anglais. En outre, l’UJS a dispensé aux juges et au personnel judiciaire une formation en matière d’accès aux services linguistiques portant notamment sur les exigences du Title VI et du droit de l’État. Le ministère clôt ainsi son enquête à la suite des mesures prises par l’UJS et d’autres actions qu’il a menées.
« La langue ne devrait jamais constituer un obstacle pour les personnes cherchant à accéder aux services de justice et aux tribunaux dans notre pays » a déclaré la Procureure générale adjointe Kristen Clarke, cheffe de la division des droits civils (Civil Rights Division) du ministère de la Justice. « Nous prenons acte des améliorations apportées par le système judiciaire unifié du Dakota du Sud qui ont contribué à améliorer considérablement l’accès aux tribunaux d’État pour les personnes ayant une maîtrise limitée de l’anglais ».
« Du projet de loi que l’UJS a introduit l’année dernière, devenu une loi d’État, au récent programme pour l’accès aux services linguistiques, l’UJS a amélioré l’expérience des usagers des tribunaux ayant une maîtrise limitée de l’anglais dans notre État », a déclaré Alison J.
Ramsdell, la Procureure des États-Unis pour le district du Dakota du Sud. « Notre bureau est chargé de travailler avec les partenaires étatiques et locaux afin de traiter les questions d’accès aux services linguistiques et d’autres questions importantes en matière de droits civils ».
Cette affaire a été menée conjointement par les procureurs de la division des droits civils et du bureau de la Procureure des États-Unis pour le district du Dakota du Sud. Des informations complémentaires sur la division des droits civils sont disponibles sur son site web à l’adresse www.justice.gov/crt, et des informations sur les programmes en matière de compétences limitées en anglais et le Title VI sont disponibles à l’adresse www.lep.gov/FRA. Le public peut signaler d’éventuelles violations des droits civils à l’adresse https://civilrights.justice.gov/report/ ou auprès du bureau de la Procureure des États-Unis pour le district du Dakota du Sud en remplissant le formulaire de dépôt de plainte disponible à l’adresse https://www.justice.gov/usao-sd/civil-rights.
Las Vegas Man Charged with Operating Sports Wagering Ponzi Scheme that Stole $8.5 Million from VictimsRead the Press Release
Matthew J. Turnipseede, 49, of Las Vegas, Nevada, was charged today in a 13-count indictment with defrauding approximately 72 investors in the Northern District of Ohio and elsewhere out of more than $8.5 million through a Ponzi scheme that promised investors double-digit profits achieved through various sports wagering businesses.
The defendant was officially charged with 12 counts of wire fraud and one count of mail fraud.
According to the indictment, from March 2015 to May 2021, the defendant induced victims to invest money in companies that he owned, namely Edgewize LLC, Moneyline Analytics, Moneyline Analytics Dublin Branch, and another company incorporated by Turnipseede, by falsely claiming that investor funds would be used to make sophisticated sports wagers according to an algorithm that generated double-digit returns.
According to the indictment, none of these companies ever generated the promised profits, and instead the defendant used investor money to maintain the business, seek new sources of funds, pay off earlier investors and fund personal expenses.
The indictment alleges that the defendant provided victim investors with operating agreements in which he claimed that all money invested would be used exclusively to place bets on sporting events and that the defendant would not be paid any compensation for placing the wagers but would retain a percentage of the winning profits.
To perpetuate the scheme, the defendant is accused of periodically emailing fraudulent financial statements to victims purporting to show substantial gains on their investments and employing an accounting firm to generate IRS forms based on fraudulent figures provided to the firm by the defendant. The indictment alleges that the defendant’s sports wagers never generated the promised profits for investors and that the information provided to the accounting firm was fraudulent. It is alleged that if a victim sought to withdraw some or all of their investments, the defendant used money from other victims’ contributions to cover the withdrawal.
In addition, it is also alleged that the defendant used investor funds to finance his personal expenses, including family vacations to Disneyland and Hawaii, spa treatments, lease payments on multiple vehicles and country club membership dues.
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.
This case was investigated by the Cleveland FBI. This case is being prosecuted by Assistant U.S. Attorneys Erica D. Barnhill and Brian McDonough.
Kingpin Sentenced to Life in Prison plus 120 Months for Leading a Birmingham-Based Continuing Criminal Enterprise and Conspiracy to Distribute Methamphetamine, Heroin, Fentanyl, and CocaineRead the Press Release
BIRMINGHAM – A federal judge sentenced a Bessemer man charged under the “Kingpin” statute for leading a continuing criminal enterprise and large-scale drug trafficking conspiracy, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and Internal Revenue Service Criminal Investigation (IRS-CI) Atlanta Field Office Special Agent in Charge James E. Dorsey.
United States District Judge Annmarie C. Axon sentenced Rolando Antuain Williamson, aka “Baldhead” and “Ball Head,” 37, of Bessemer, Alabama, to life in prison plus 120 months for leading a multi-million dollar continuing criminal enterprise; conspiring to distribute or possess with intent to distribute heroin, fentanyl, cocaine, methamphetamine, and marijuana; distributing or possession with intent to distribute heroin, fentanyl, cocaine, methamphetamine, and marijuana; using, carrying, or possessing a firearm during or in furtherance of a drug trafficking crime; and using a communication facility to commit a drug trafficking crime.
Two codefendants in the drug conspiracy were also sentenced by Judge Axon. Ishmywel Calid Gregory, also known as “C,” 38, of Mulga, Alabama, was sentenced to 480 months in prison, and Hendarius Lamar Archie, also known as “Hen,” 33, of Bessemer, Alabama, was sentenced to 169 months. Gregory and Archie were convicted of conspiring to distribute or possess with intent to distribute heroin, fentanyl, cocaine, methamphetamine, and marijuana. Both Gregory and Archie were also convicted of distributing or possessing with intent to distribute cocaine and marijuana. Archie was also convicted of using, carrying, or possessing a firearm during or in furtherance of a drug trafficking crime.
On April 18, 2022, after a week-long trial, a jury convicted Williamson, Gregory, Archie, and a fourth co-defendant of the charges.
A total of eighteen people were charged in the indictment returned on October 29, 2019. The indictment was the result of a three-year Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation into the drug-trafficking enterprise based in Western Jefferson County. The task force identified acts in furtherance of the conspiracy committed by members of the organization over a period of six years. Fifteen of the defendants have now been sentenced, and three remaining defendants await sentencing later this month.
The OCDETF agencies involved in this investigation are the FBI, IRS, member agencies of the FBI North Alabama Safe Streets Task Force, the Jefferson County Sheriff’s Office, and the Bessemer Police Department.
The North Alabama Safe Streets Task Force arrested Williamson the morning of August 22, 2019, in the parking lot of a grocery store located in Homewood, Alabama. Williamson was driving a 2016 Dodge Hellcat worth $80,000. At the time of arrest, Williamson was armed two loaded pistols, additional loaded magazines, and was carrying almost $14,000 in cash. All other members of the conspiracy were arrested on or about November 13, 2019.
At the time of Williamson’s arrest, law enforcement officers seized from him and three of his stash houses, 366 grams of heroin/fentanyl, 109 grams of suspected cocaine, 573 grams of pure methamphetamine, 52 kilos of marijuana, over $97,000 in cash, multiple firearms, and over 1700 rounds of ammunition.
“As a result of the sustained and extensive investigation by our many law enforcement partners, this drug kingpin will spend the rest of his life in prison,” said U.S. Attorney Escalona. “It is difficult to imagine the harm to the community caused by this criminal enterprise. The addictions and other adverse health consequences, the economic harm, and the associated violence of drug trafficking will hopefully come to an end after these prosecutions. We are grateful and proud of the excellent work of this team of law enforcement professionals.”
“With this term of imprisonment, Williamson’s days as an international drug kingpin are over, and it is a decisive blow against the drug trafficking network. This was a team effort with our law enforcement partners, and I am proud of the work of the FBI’s North Alabama Safe Streets Task Force to bring members of this drug enterprise to justice,” said FBI SAC Johnnie Sharp.
“Great job by the investigators. These criminals were responsible for a major amount of drugs flowing through Jefferson County. These convictions are huge in our fight against illegal drugs,” said Sheriff Mark Pettway.
“First, I would like to take this opportunity to say thanks to all agencies involved in the investigation and ultimate convictions of those involved in this major drug distribution criminal enterprise. This is an example of what can be accomplished when agencies work together. It is our hope that these convictions will send a strong message to others that are committing or thinking about committing like crimes in Bessemer and surrounding areas. The Bessemer Police Department will remain committed to working with our Federal, State and local Law Enforcement partners to apprehend and convict other drug traffickers that attempt to operate in the City of Bessemer and surrounding areas,” said Bessemer Police Chief Michael Roper.
Forfeiture was obtained for two of Williamson’s high-end vehicles: a $46,000 Ford F-250 King’s Ranch and $37,000 Cadillac Escalade; over $100,000 dollars in cash; $45,000 in jewelry; and all firearms and ammunition used to facilitate the drug trafficking enterprise. Additionally, the United States proved $36,615,000 in gross proceeds against Williamson, and $4,000,700 in gross proceeds against Gregory.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
The Federal Bureau of Investigation and Internal Revenue Service investigated the case along with the Jefferson County Sheriff’s Office and Bessemer Police Department. Assistant U.S. Attorneys Jonathan S. Cross and Gregory R. Dimler prosecuted the case.
Justice Department Closes Review after the South Dakota Unified Judicial System Improves Access for People with Limited English ProficiencyRead the Press Release
Note: This press release has been translated in various languages.
WASHINGTON – The Justice Department today announced it will close a civil rights review based on actions the South Dakota Unified Judicial System (UJS) has taken to improve access to court programs and activities for people with limited English proficiency (LEP).
In October 2021, the Justice Department resolved a review of UJS opened pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color and national origin by recipients of federal financial assistance. UJS has taken a number of actions to improve access to state courts for LEP individuals in South Dakota. UJS has also formalized a court language access program, and recently, UJS issued a statewide language access plan that requires all courts to provide interpreter and translator services at no cost to LEP court users. Additionally, UJS has provided judges and court staff language access training that addresses Title VI and state law requirements. The department is closing this review due to these and other efforts by UJS.
"Language should never stand as a barrier for people seeking access to justice and access to courts in our country," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "We recognize the South Dakota Unified Judicial System’s improvements which have helped substantially improve access to state courts for people who are limited English proficient."
"From the bill UJS introduced last year that became state law to the recent language access plan, UJS has improved the experience of LEP court users in our state," said U.S. Attorney Alison J. Ramsdell for the District of South Dakota. "Our office is dedicated to working with state and local partners to address language access and other important civil rights issues."
This matter was conducted jointly by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the District of South Dakota. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/ or with the U.S. Attorney’s Office for the District of South Dakota by completing the complaint form available at https://www.justice.gov/usao-sd/civil-rights.
Justice Department Closes Review after the South Dakota Unified Judicial System Improves Access for People with Limited English ProficiencyRead the Press Release
Note: This press release has been translated in various languages. See attachments below.
The Justice Department today announced it will close a civil rights review based on actions the South Dakota Unified Judicial System (UJS) has taken to improve access to court programs and activities for people with limited English proficiency (LEP).
In October 2021, the Justice Department resolved a review of UJS opened pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color and national origin by recipients of federal financial assistance. UJS has taken a number of actions to improve access to state courts for LEP individuals in South Dakota. UJS has also formalized a court language access program, and recently, UJS issued a statewide language access plan that requires all courts to provide interpreter and translator services at no cost to LEP court users. Additionally, UJS has provided judges and court staff language access training that addresses Title VI and state law requirements. The department is closing this review due to these and other efforts by UJS.
“Language should never stand as a barrier for people seeking access to justice and access to courts in our country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We recognize the South Dakota Unified Judicial System’s improvements which have helped substantially improve access to state courts for people who are limited English proficient.”
“From the bill UJS introduced last year that became state law to the recent language access plan, UJS has improved the experience of LEP court users in our state,” said U.S. Attorney Alison J. Ramsdell for the District of South Dakota. “Our office is dedicated to working with state and local partners to address language access and other important civil rights issues.”
This matter was conducted jointly by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the District of South Dakota. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/ or with the U.S. Attorney’s Office for the District of South Dakota by completing the complaint form available at https://www.justice.gov/usao-sd/civil-rights.
Jury Convicts Veteran of Defrauding VA for Disability BenefitsRead the Press Release
KANSAS CITY, KAN. – A federal jury convicted a Kansas veteran of wire fraud and theft of government funds in charges related to a scheme to defraud the U.S. Department of Veterans Affairs (VA) out of disability benefits.According to court documents and evidence presented at trial, Bruce Hay, 53, of Greeley, a U.S. Army veteran and former Osawatomie resident, fraudulently misrepresented and exaggerated the extent of symptoms related to a purported conversion disorder diagnosis to receive VA disability benefits to which he was not entitled. Specifically, Hay claimed he had constant jerking movements, tremors, head-bobs, could walk only with the use of a walker, and could not engage in basic activities of daily living, such as bathing, toileting, dressing, and eating. During VA examinations, he faked and exaggerated physical symptoms—displaying a significant limp, muscle spasms, head bobs, and jerking movements. Immediately before and after these examinations, he used a walker that he didn’t normally use outside of VA facilities. The VA found that Hay was 100% disabled based on those fraudulent misrepresentations.
Information collected through surveillance, video footage, photographs, testimony from community members, and other evidence showed Hay’s claims of mobility limitations as false. He, without assistance, engaged in residential construction, threw hay bales on the back of moving trucks, hunted deer, drove regularly, and hauled more than a million pounds of scrap metal.
As a result of his misrepresentations, Hay fraudulently received more than $450,000 in VA benefits. A jury found Hay guilty of six counts of wire fraud and 10 counts of theft of government funds.
Sentencing is scheduled for October 27, 2022 at 9:00 a.m. before U.S. District Judge Julie A. Robinson. Hay faces a maximum of penalty of 20 years in federal prison.
The Department of Veterans Affairs – Office of the Inspector General and the Social Security Administration - Office of the Inspector General are investigating the case.
Assistant U.S. Attorneys Ryan J. Huschka and D. Christopher Oakley are prosecuting the case.
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Jury Convicts Florida Man for Using a Minor to Produce Sexually Explicit MaterialRead the Press Release
PORTLAND, Ore.—A federal jury in Portland found a New Smyrna Beach, Florida man guilty today for video recording himself sexually abusing a child he met on social media and sharing the abuse video with others online.
Michael Wayne Lyon, 39, was found guilty of using a minor to produce a visual depiction of sexually explicit conduct.
According to court documents and trial testimony, in October 2017, Lyon began exchanging messages online with a 13-year-old child. He first claimed to be 15 years old and later “confessed” to be being 17. Lyon’s conversations with the child quickly turned sexually explicit and he convinced the child to send him naked photos of herself. After Lyon admitted to being in his 30s, the child tried to end their communication. Lyon persisted, continued contacting the child, and, in March 2018, travelled to the Pacific Northwest to meet the child.
Fearing for the safety of her family, the child agreed to meet Lyon. After traveling from Seattle to Oregon in a rented vehicle, Lyon took the child to a hotel near her residence where he sexually assaulted her. Lyon video recorded himself abusing the child and later shared the video online with several of the child’s friends and acquaintances. The child’s brother and mother captured a recording of the video before it disappeared and notified law enforcement. Local authorities interviewed the child’s parents and several other witnesses, but did not pursue the case further.
From 2018 through 2020, Lyon continued contacting the child and created multiple social media accounts to avoid the child’s repeated attempts to block him. Lyon’s messages became increasingly threatening and, later, openly violent. In October 2020, he threatened to kill the child and her family. Soon after, the child’s mother reported Lyon’s abuse and threats to the FBI.
On December 11, 2020, Lyon was charged by federal criminal complaint and an arrest was issued. Nine days later, he was arrested by local law enforcement in Hollidaysburg, Pennsylvania and turned over to the FBI. Lyon has remained in federal custody since his arrest.
On February 2, 2021, a federal grand jury in Portland returned a two-count indictment charging Lyon with cyberstalking and using a minor to produce a visual depiction of sexually explicit conduct.
Lyon faces a maximum sentence of 35 years in federal prison with a 15-year mandatory minimum sentence, a $500,000 fine and a life term of supervised release.
“In trials involving the sexual abuse of children, jurors are tasked with taking in and reviewing a horrendous set of facts. In this case, the young witness took the stand to tell the jury the details of what happened in her own words. The law enforcement community recognizes the courage it takes to go to police and to face an abuser at trial. Because of this strong young witness, the defendant was brought to justice, making our communities and children safer,” said Natalie Wight, U.S. Attorney for the District of Oregon.
“Michael Lyon displayed horrific and disturbing behavior victimizing an innocent child over and over again,” said William Brooks, Assistant Special Agent in Charge of the FBI Portland Field Office. “The FBI and our law enforcement partners work every day to shut down child predators and deliver justice for victims. While this verdict effectively ends Mr. Lyon’s ability to sexually exploit children, the damage caused by this crime can linger for a lifetime for the victim. The FBI remains constant in our commitment to provide resources for victims to assist in the healing process.”
This case was investigated by FBI Portland’s Child Exploitation Task Force (CETF) with assistance from the Hermiston and Umatilla Police Departments.
It was prosecuted by Pamela Paaso and Suzanne Miles, Assistant U.S. Attorneys for the District of Oregon.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at 1-800-CALL-FBI (1-800-225-5324) or submit a tip online at tips.fbi.gov.
The FBI CETF conducts sexual exploitation investigations, many of them undercover, in coordination with federal, state and local law enforcement agencies. CETF is committed to locating and arresting those who prey on children as well as recovering and assisting victims of sex trafficking and child exploitation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Convicted Murderer Indicted for Firearms and Drug Trafficking OffensesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Ronald Bernard Thomas, Jr. (45, Jacksonville) with distributing methamphetamine, possessing methamphetamine with the intent to distribute, two counts of possessing firearms in furtherance of drug trafficking crimes, and possession of firearms by a convicted felon. If convicted on all counts, Thomas faces a minimum mandatory sentence of 10 years, and up to life, in prison. The indictment also notifies Thomas that the United States intends to forfeit an FN Herstal pistol and a Glock pistol, which were used in the offenses.
According to the indictment, on July 8, 2022, Thomas, who also goes by the name “Gorilla,” sold methamphetamine and possessed a firearm in furtherance of that drug trafficking crime. On July 28, 2022, Thomas possessed methamphetamine that he intended to distribute, and possessed a firearm in furtherance of that drug trafficking crime. Furthermore, Thomas, who had been convicted of second-degree murder in 2002, possessed an FN Herstal pistol and a Glock pistol on July 28, 2022. Because Thomas is a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Florida Highway Patrol. It will be prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Frank Talbot.
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.
Idara ya Haki Inafunga Ukaguzi baada ya Mfumo wa Mahakama wa Dakota Kusini Kuboresha Ufikiaji kwa Watu Wenye Ustadi Kiasi wa KiingerezaRead the Press Release
Idara ya Haki leo (The Justice Department) imetangaza kuwa itafunga ukaguzi wa haki za kiraia kulingana na hatua ambazo Mfumo wa Mahakama wa Dakota Kusini (Unified Judicial System, UJS) umechukua ili kuboresha ufikiaji wa mipango na shughuli za mahakama kwa watu wenye ujuzi kiasi wa Kiingereza (limited English proficiency, LEP).
Mnamo Oktoba 2021, Idara ya Haki ilitatua ukaguzi wa UJS uliofunguliwa kwa mujibu wa Title VI ya Sheria ya Haki za Kiraia ya 1964 (Title VI of the Civil Rights Act of 1964, Title VI), ambayo inakataza ubaguzi kwa misingi ya mbari, rangi na asili ya kitaifa na wapokeaji wa usaidizi wa kifedha wa shirikisho. UJS imechukua hatua kadhaa ili kuboresha watu wa LEP kufikia mahakama za serikali huko Dakota Kusini. UJS pia imerasimisha mpango wa kufikia lugha ya mahakama, na hivi majuzi, UJS ilitoa mpango wa ufikiaji wa lugha katika jimbo lote ambayo inahitaji mahakama zote kutoa huduma za mkalimani na mfasiri bila gharama kwa watumiaji wa mahakama ya LEP. Zaidi ya hayo, UJS imewapa majaji na wafanyakazi wa mahakama ufikiaji wa mafunzo ya lugha ambayo inashughulikia Title VI na mahitaji ya sheria ya serikali. Idara inafunga ukaguzi huu kutokana na juhudi hizi na nyinginezo za UJS.
"Lugha haipaswi kuwa kama kizuizi kwa watu wanaotafuta haki na ufikiaji wa mahakama katika nchi yetu," alisema Msaidizi wa Mwanasheria Mkuu Kristen Clarke wa Kitengo cha Haki za Kiraia cha Idara ya Haki (Civil Rights Division). "Tunatambua maboresho ya Mfumo wa Mahakama wa Dakota Kusini ambao umesaidia kwa kiasi kikubwa kuboresha ufikiaji wa mahakama za serikali kwa watu ambao wana ustadi kiasi wa kiingereza."
"Kutoka kwa mswada wa UJS uliowasilishwa mwaka jana ambao ulikuwa sheria ya serikali hadi mpango wa hivi majuzi wa ufikiaji wa lugha, UJS imeboresha uzoefu wa watumiaji wa mahakama ya LEP katika jimbo letu," alisema Wakili wa Marekani Alison J. Ramsdell wa Wilaya ya Dakota Kusini. "Ofisi yetu imejitolea kufanya kazi na washirika wa serikali na wa mtaa kushughulikia ufikiaji wa lugha na maswala mengine muhimu ya haki za kiraia."
Suala hili liliendeshwa kwa pamoja na wanasheria katika Kitengo cha Haki za Kiraia na Ofisi ya Mwanasheria wa Marekani katika Wilaya ya Dakota Kusini. Maelezo ya ziada kuhusu Kitengo cha Haki za Kiraia yanapatikana kwenye tovuti yake kwa www.justice.gov/crt, na maelezo kuhusu ujuzi kiasi wa Kiingereza na Title VI yanapatikana katika www.lep.gov. Wanachama wa umma wanaweza kuripoti ukiukaji wa haki za kiraia unaowezekana katika https://civilrights.justice.gov/report/ au kwa Ofisi ya Mwanasheria wa Marekani wa Wilaya ya Dakota Kusini kwa kujaza fomu ya malalamiko inayopatikana katika https://www.justice.gov/usao-sd/civil-rights.
ID thief indicted for bank fraudRead the Press Release
Seattle – A 48-year-old Des Moines, Washington, woman was arrested August 14, 2022 after initially fleeing from federal agents when they went to arrest her August 11, 2022. Jennifer Suazo (aka Jennifer Esperanza) was indicted by a grand jury for five counts of Bank Fraud and two counts of Aggravated Identity Theft. Suazo is now detained at the Federal Detention Center at SeaTac pending trial.
According to the indictment, Suazo allegedly purchased victims’ identifying information from various sources, including the dark web, which she then used to open accounts at financial institutions in the victims’ names and to take over victims’ existing bank accounts. To carry out this fraud, Suazo created identification documents in victims’ names but with her photograph on the ID. Suazo also changed the mailing addresses for the accounts created or taken over so that she would receive all communications about the accounts and thereby hide her fraud and theft from the victims. Suazo also deposited victims’ checks into her personal bank account. Between 2019 and 2022, Suazo allegedly defrauded individual victims and financial institutions of at least $107,472.
Bank Fraud is punishable by up to 30 years in prison. Aggravated Identity Theft is punishable by a mandatory minimum two-year sentence to run consecutive to any sentence imposed on other counts of conviction.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the U.S. Postal Inspection Service with assistance from the Des Moines Police Department.
The case is being prosecuted by Special Assistant United States Attorney Jessica Ly.
suazo_indictment.pdfHope Man Sentenced to 138 months Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
COEUR D’ALENE – Sean Robert Wathen, 50, was sentenced in United States District Court for conspiracy to distribute methamphetamine. District Court Judge B. Lynn Winmill sentenced Wathen to 138 months in prison and ordered him to serve an additional five years of supervised release.
According to court records and evidence presented at trial, Wathen worked with Larry Junior Hillbroom and others to acquire and smuggle methamphetamine through international airports between North Idaho and the Pacific Islands of Guam and Palau. Wathen acquired pounds of methamphetamine for Hillbroom over several months in 2015. Hillbroom and others would then use several different methods to smuggle the drugs to Guam and Palau, including by placing them in shampoo containers and carrying the substance on their person. Once in Guam or Palau, Hillbroom would coordinate with local individuals to sell the methamphetamine.
Wathen was originally charged with Morgan Kenney, 36, Zachary Craig Carlson, 31, and Larry Junior Hillbroom, 37, all of Hope, Idaho. Kenney, Carlson, and Hillbroom previously pleaded guilty and were sentenced to imprisonment. Morgan Kenny was sentenced to 52 months, Zachary Craig Carlson was sentenced to 37 months, and Larry Junior Hillbroom was sentenced to 96 months.
U.S. Attorney Josh Hurwit, of the District of Idaho, made the announcement and commended the cooperative efforts of the Drug Enforcement Administration, Homeland Security Investigations, Bonner County Sheriff’s Office, Bureau of Indian Affairs, Coeur d’ Alene Police Department, Idaho State Police, U.S. Border Patrol, and the U.S. Marshals Service, which led to the charges and convictions.
“Whether illegal drugs are being pushed into Idaho or sent as far away as Palau and Guam, we will spare no effort to track down drug traffickers and hold them accountable,” said Hurwit. “I’m proud of the impressive work by the dedicated attorneys and staff of our office and our partner federal agents and local detectives, who work tirelessly together to maximize all of our combined resources to bring to justice those who traffic drugs in our communities."
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. 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.
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Harrisburg Man Indicted on Charges of the Unlicensed Dealing in FirearmsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Johvaughan Young, age 23, of Harrisburg, Pennsylvania, was indicted yesterday by a federal grand jury on firearms charges.
According to United States Attorney Gerard M. Karam, the indictment alleges that Young purchased 13 handguns between June 30, 2020 and September 14, 2021, in Dauphin and Cumberland Counties, claiming that the guns were for himself when in fact they were not. The indictment also alleges that Young was engaged in the unlicensed business of dealing in firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Harrisburg Bureau of Police. Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. 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 are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Guatemalan Man Charged with Unlawful ReentryRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Marvin Agustin-Vasquez, age 39, of Guatemala, was indicted yesterday by a federal grand jury on a charge of illegal reentry into the United States by a previously deported alien.
According to United States Attorney Gerard M. Karam, the indictment alleges that Agustin-Vasquez was removed from the United States on May 28, 2021, and it is alleged that he reentered the United States without first obtaining legal permission to do so. The indictment alleges that on June 28, 2022, Agustin-Vasquez was found in Dauphin County.
The case was investigated by U.S. Immigration and Customs Enforcement and Removal Operations and the Harrisburg Bureau of Police. Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. 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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Four New Jersey Men Charged with Fentanyl Analogue Distribution and Money Laundering ChargesRead the Press Release
NEWARK, N.J. – Four New Jersey men were charged for their alleged roles in drug trafficking and money laundering conspiracies, U.S. Attorney Philip R. Sellinger announced today.
William Panzera, 49, of North Haledon, New Jersey; Thomas Padovano, 48, and Bartholomew Padovano, 71, both of Newark; and Sean Tighe, 46, of Kearny, New Jersey, are each charged in a second superseding indictment with one count of drug trafficking conspiracy and one count of international promotional money laundering conspiracy. Thomas and Bartholomew Padovano are also charged with domestic concealment money laundering conspiracy.
According to documents filed in this case and statements made in court:
Since at least 2014, the defendants and others imported and distributed various controlled substances and controlled substance analogues, including ketamine, ethylone, multiple fentanyl analogues, and synthetic cathinones, also known as “bath salts.” The drug trafficking organization members ordered the drugs from sources in China. They stored and distributed the controlled substances from a trailer on Delancey Street in Newark. They also procured one or more pill presses and pressed the fentanyl analogues into small blue pills that were designed to resemble a commercial opioid pill and were marketed as such. These pills contained various amounts of fentanyl analogues and resulted in at least three overdoses between 2016 and 2020.
The defendants allegedly paid for the drugs they imported by sending, or recruiting others to send, international wire payments to the Chinese sources of supply.
To conceal and disguise the nature and source of the illicit narcotics proceeds, Thomas and Bartholomew Padovano made numerous cash deposits into various personal and business accounts. Both the international wire payments, as well as the cash deposits, were structured in a manner to avoid suspicion.
U.S. Attorney Sellinger credited special agents of the Department of Homeland Security – Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Jason J. Molina; and postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Damon Wood, Philadelphia Division, with the investigation leading to the charges. He also thanked the HSI in Philadelphia, the FBI – Newark Division, IRS-Criminal Investigation, the Newark Police Department, and the Essex County Prosecutor’s Office for their assistance.
The government is represented by Assistant U.S. Attorney Sammi Malek of the Criminal Division in Newark and Trial Attorneys Stephen Sola and Michael Khoo of the Justice Department’s Money Laundering and Asset Recovery Section.
This case was investigated under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies to enhance the identification, apprehension, and prosecution of individuals involved in gang-related activities, violent crime, and drug distribution. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The charges and allegations contained in the second superseding indictment are merely allegations, and the defendants are presumed innocent until proven guilty.
Four Defendants Indicted in Interstate Gun Trafficking SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and Keechant L. Sewell, Police Commissioner for the City of New York (NYPD), announced that ABOUDULAYE KEITA, a/k/a “Abdoulaye,” MARQUISE DESHAUN AUSTIN, CEDRIC KEYON CHRISTOPHER, JR., and JAILYN HILLIARD were indicted yesterday with conspiracy to commit firearms offenses and gun trafficking, in connection with their involvement in a scheme to illegally obtain and transport firearms from Arkansas for resale to residents of New York. KEITA was also charged with interstate travel with intent to engage in gun trafficking. The case is assigned to U.S. District Judge Loretta A. Preska.
AUSTIN was arrested on March 11, 2022 in Arkansas and the complaint charging AUSTIN was unsealed yesterday in the Southern District of New York. CHRISTOPHER and HILLIARD were charged by complaint and arrested last month in Arkansas. KEITA is in state custody on unrelated charges and is expected to be transferred into federal custody.
U.S. Attorney Damian Williams said: “As alleged, the defendants are responsible for trafficking dozens of guns across state lines, including guns that were later used to commit violent acts extending all the way from Arkansas to New York. Let today’s arrests make clear that we will not tolerate gun traffickers and the devastating harm they inflict on our communities.”
ATF Special Agent-in-Charge John DeVito said: “People who flood illegal guns on our streets are drivers of violent crime and put communities in danger. This case highlights how ATF’s National Integrated Ballistic Information Network is a crucial tool in the investigation and prosecution of gun crimes because it connects individual firearms to the violent criminal offenses in which they are used. ATF will continue to work with our partners to identify and disrupt the schemes used to put illegal firearms into the hands of violent criminals and on our streets. Thank you to the partnership and hard work of the men and women of Little Rock Police Department’s Gun Crimes Unit and ATF NY’s Crime Gun Intelligence Center.”
NYPD Commissioner Keechant L. Sewell said: “The interstate flow of illegal guns into New York City is a grave threat to the public safety of everyone we serve. Each gun seized is another step forward in our tireless pursuit to rid our streets of these deadly weapons – and anyone who traffics them must be held fully accountable. I want to thank the U.S. Attorney’s Office for the Southern District of New York, the ATF’s New York Field Division, and all of our law-enforcement partners who worked on this critical case.”
According to the allegations in the Indictment and the Complaints[1]:
From at least October 2020 through December 2021, the defendants and others conspired to illegally purchase and traffic firearms across state lines. AUSTIN, CHRISTOPHER and HILLIARD each acted as straw purchasers to buy firearms from licensed gun shops in Arkansas—a total of at least 73 firearms—and then sold these firearms illegally to KEITA and others with the understanding the firearms would then be transported to New York. To date, nine of the defendants’ firearms have been recovered in the Bronx and Brooklyn, in addition to six recoveries in California and five in Arkansas.
Through lead information collected and maintained by the National Integrated Ballistic Information Network (NIBIN), casings from the recovered firearms have been connected to a shooting that took place in the Bronx on June 20, 2021 and shootings that took place in Harlem on July 5, 2021 and October 6, 2021. Casings from one firearm recovered in Arkansas were found at the scene of a September 3, 2021 homicide in Little Rock.
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KEITA, AUSTIN, CHRISTOPHER, and HILLIARD are charged with one count of conspiracy to commit firearms offenses, which carries a maximum penalty of five years in prison, and one count of gun trafficking, which also carries a maximum penalty of five years in prison. KEITA is also charged with one count of interstate travel with intent to commit gun trafficking, which carries a maximum penalty of ten years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Williams praised the outstanding investigative work of the ATF and the NYPD. Mr. Williams also thanked local law enforcement partners in Arkansas, the ATF’s Little Rock Field Office, and the U.S. Attorney’s Office in the Eastern District of Arkansas for their assistance.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Jane Y. Chong is in charge of the prosecution.
The charges in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Former Teacher’s Aide Indicted and Arrested for Coercion and Enticement of a MinorRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury returned an indictment charging former teacher’s aide Josualis Carrasquillo-Ramos, 21, with sexual exploitation of a minor, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. The arrest follows an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with the assistance of the Puerto Rico Department of Education and the U.S. Attorney’s Office for the District of Puerto Rico.
According to the indictment, in October and November of 2021, Carrasquillo-Ramos did knowingly persuade, induce, entice, and coerce an individual who had not attained the age of eighteen to engage in sexual activity for which any person can be charged with a criminal offense.
“The defendant used his position of trust to prey on a minor, making the minor a victim of child exploitation,” said U.S. Attorney Muldrow. “If you are a victim or know of another victim of this individual, please come forward; contact the authorities so we can protect you and others from these crimes. We want the community to know that the U.S. Attorney’s Office and the Department of Justice, along with our federal, state and local partners, are committed to protecting children from these criminals.”
“The sexual exploitation of minors, in all forms, is a despicable and a very serious crime. HSI will fiercely investigate these crimes to identify the alleged perpetrator, arrest him or her, and obtain solid evidence that will prevail in court,” said Iván J. Arvelo, Special Agent in Charge (SAC) for HSI San Juan. “To those contemplating perpetrating this crime, we will continue working with our local and federal partners and using all resources available and robust investigative authorities to identify you, arrest you and prosecute you.”
On Friday, Carrasquillo-Ramos had his initial hearing before U.S. Magistrate Judge Camile Velez-Rive. He was transferred to the Guaynabo Metropolitan Detention Center to await further judicial proceedings.
If convicted, Carrasquillo-Ramos faces a mandatory minimum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorney Ginette Milanés, from the Child Exploitation and Immigration Unit, is prosecuting the case.
HSI is the principal investigative arm of DHS and a vital U.S. asset in combatting transnational crimes and threats. One of HSI’s top priorities is to protect the public from crimes of victimization, and HSI’s child exploitation investigations program is a central component of this mission. HSI is recognized as a global leader in this investigative discipline, and is committed to utilizing its vast authorities, international footprint and strong government and non-government partnerships to identify and rescue child victims, identify and apprehend offenders, prevent transnational child sexual abuse and help make the internet a safer place for children.
For more information about HSI’s efforts to protect children from online sexual abuse, visit https://www.ice.gov/topics/iGuardians.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Local High School Teacher and Theme Park Employee Convicted of Attempting to Meet A Minor for SexRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Dennis Lee Line (51, Winter Springs) guilty of one count of attempting to coerce or entice a minor to engage in sexual activity. Line faces a minimum mandatory penalty of 10 years, up to life, in federal prison. He had been indicted on April 6, 2022. A sentencing date is scheduled for November 2, 2022.
According to evidence admitted during trial, Line, who most recently taught at Oviedo High School for 18 years (ending in 2019), met who he believed to be a 15-year-old girl on a dating application on February 9, 2022. Later that day, the 15-year-old girl and Line began sending text messages to each other. In the text messages, Line initiated a discussion about sex and meeting later that night so that he could teach her about sex and perform oral sex on her.
Line agreed to meet the 15-year-old girl in Orange County after he left his job at a theme park. Unbeknownst to Line, the 15-year-old girl was actually an undercover law enforcement officer. Line was arrested when he arrived at the meeting location.
This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Shawn P. Napier.
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Fort Campbell Soldier & Wife Sentenced to Federal Prison for Child Pornography CrimesRead the Press Release
NASHVILLE – Kara Adkins, 38, and Robert Adkins, 42, both of Clarksville, Tennessee, were sentenced yesterday to federal prison for child pornography crimes, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Kara Adkins was sentenced to 260 months in prison and Robert Adkins was sentenced to 10 years in prison. The Court also ordered Kara Adkins to be placed on supervised release for 10 years and Robert Adkins for eight years. Both were indicted in January 2018 for conspiracy to produce child pornography and other related charges and pleaded guilty in October 2021. Kara Adkins pleaded guilty to production, transportation, and possession of child sexual abuse material. Robert Adkins pleaded guilty to receipt and possession of child sexual abuse material.
According to court records, Kara Adkins and Robert Adkins used a texting application to communicate with each other while Kara Adkins lived in the Middle District of Tennessee and Robert Adkins was deployed overseas. Both defendants discussed engaging in sexual activity with five different children that they had access to at various times. The chats, which included discussions of prior, current, and future sexual abuse of the children, were detailed and explicit. The chats were extensive and amounted to hundreds of pages. During these discussions, Kara Adkins sent Robert Adkins numerous images of her sexually abusing a young child. After receiving those images, Robert Adkins requested more explicit images of the child and discussed his desire to engage in additional sexual exploitation of children.
The sexual abuse material depicted infants, toddlers, and prepubescent children. Kara Adkins was found to be in possession of several hundred images of child sexual abuse, and Robert Akins was found to be in possession of approximately 92 images of the same.
According to Court documents, Robert Adkins was subsequently discharged from the United States Army due to his involvement in this conduct.
This matter was investigated by the FBI, the U.S. Army Criminal Investigation Division, and the Montgomery County Sheriff’s Office. Assistant U.S. Attorney Carrie Daughtrey prosecuted the case.
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Former Executive Vice President of T.J. Martell Foundation Sentenced to Federal PrisonRead the Press Release
NASHVILLE – Melissa Goodwin, 56, the former Executive Vice President and General Manager of the T.J. Martel Foundation for Cancer Research, was sentenced today to four years in prison for embezzling more than $3.7 Million from the Foundation, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee. U.S. District Judge William L. Campbell, Jr., also ordered Goodwin to pay $3,949,800.70 in restitution.
Goodwin was charged with wire fraud in January and pleaded guilty in February to devising and operating a scheme to defraud the Foundation by purchasing approximately $3.96 million in tickets from online ticket vendors Ticketmaster, Stubhub, Primesport, and On-Location, using a Foundation credit card she had obtained in her own name. These tickets were not for a legitimate Foundation purpose and included tickets to musical events, such as Lady Gaga and Celine Dion concerts, and sporting events, such as Super Bowl LIV, which was scheduled to take place in Miami, Florida, on February 2, 2020.
Goodwin provided these tickets to an individual in New York City who owned and operated a charity auction business. This business conducted auctions for clients, offering consignment items such as event tickets and sports memorabilia to the clients for use in their auctions. As part of the scheme, Goodwin led this individual to believe that she had acquired the tickets at no cost or at a discounted rate. Goodwin also used the Foundation’s credit card to purchase other items that were not for legitimate Foundation purposes, such as expensive and rare alcohols, plane tickets, and hotel stays. She then used the Foundation’s bank accounts to pay the credit card charges.
In order to conceal the ticket purchases, Goodwin provided falsified credit card statements and false expense reports to the Foundation’s accounting firm. Goodwin falsified the credit card statements by altering them to conceal the ticket purchases, as well as other expenses. She often replaced the name of the actual vendor with the name of a different vendor so that the charges appeared to be legitimate Foundation expenses. In total, Goodwin concealed over $3 million in fraudulent credit card expenses.
The Foundation’s accounting firm prepared the Foundation’s periodic financial statements based on these falsified credit card statements and expense reports. The accounting firm then emailed those statements to Goodwin, whose job it was to provide them to the Foundation’s CEO.
However, before providing them to the CEO, Goodwin falsified those financial statements by inflating the Foundation’s assets and lowering its liabilities to make the Foundation appear to be more liquid than it was at the time. These falsifications prevented the Foundation from detecting Goodwin’s fraudulent transactions.
In addition to falsifying the credit card statements and financial statements, Goodwin forged the signature of the Foundation’s CEO on six checks totaling $966,275.78 that were not approved by the Foundation.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Kathryn W. Booth.
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Former Cheerleading Coach and High School Teacher Charged with Possession and Production of Child Sexual Abuse Images and Videos and Enticement of A Minor to Engage in Sexual ActivityRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Vigiland D’Haiti (40, Winter Garden) with one count of possessing images and videos of children being sexually exploited, one count of production of child sexual abuse images and videos, and one count of enticement of a minor to engage in sexual activity. D’Haiti is a former high school teacher and cheerleading coach who owned a cheerleading gym in Clermont, Florida. If convicted, D’Haiti faces a maximum penalty of 10 years in federal prison on the possession count, a mandatory minimum penalty of 15 years, up to 30 years, in federal prison on the production count, and a mandatory minimum penalty of 10 years, and up to life, in federal prison on the enticement count. D’Haiti also faces a potential lifetime term of supervised release. The United States intends to forfeit D’Haiti’s cellphone, which is alleged to have facilitated the charged offenses.
According to the indictment, on May 27, 2022, D’Haiti knowingly possessed images and videos of a minor victim (“Victim 1”) being sexually exploited. Also, in or around June 2021, D’Haiti knowingly produced child abuse videos and images of Victim 1. Additionally, from July 2, 2014, through December 5, 2014, D’Haiti knowingly persuaded, induced, enticed, and coerced another minor victim (“Victim 2”) to engage in sexual activity.
D’Haiti was arrested on March 27, 2022, at his home for violations of Florida law, including lewd and lascivious molestation of minors. Incident to his arrest, D’Haiti’s cellphone was seized and a search warrant for this device was obtained. Forensic analyses of the cellphone revealed that it contained a Private Photo Vault application. Inside the Private Photo Vault, D’Haiti stored images and videos of children being sexually exploited, including images of minor victims who were personally known to D’Haiti through the cheerleading gym that he owned in Clermont. D’Haiti’s state charges for molestation are pending.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Anyone who is or who knows a potential victim in this case, or who has any information regarding this or any other investigation, should contact Homeland Security Investigations toll-free Tip Line at 1-866-DHS-2423 or by completing its online tip form found at https://www.ice.gov/webform/ice-tip-form.
This case was investigated by Homeland Security Investigations, together with the Clermont Police Department and the Winter Garden Police Department. It is being prosecuted by Assistant United States Attorney Kara M. Wick.
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Five Individuals Charged in Murder CaseRead the Press Release
United States Attorney Alison J. Ramsdell announced that three Manderson, South Dakota, men, a Rockyford, South Dakota, woman, and a Martin, South Dakota, woman have been indicted by a federal grand jury for Second Degree Murder, Discharge of a Firearm During a Crime of Violence, and Accessory After the Fact to Second Degree Murder.
Tyson White Plume, age 27; Raymond White Plume, age 19; Sarah Stone, age 42; Jaimee Lewis, age 41; and Ivan White Plume a/k/a Ivan White Butterfly, age 30, were indicted in May 2022. Tyson White Plume was charged with Second Degree Murder and Discharge of a Firearm During a Crime of Violence. Raymond White Plume, Sarah Stone, Jaimee Lewis, and Ivan White Plume were charged with Accessory After the Fact to Second Degree Murder. All five individuals have pleaded not guilty to the charges.
The maximum penalty upon conviction for Second Degree Murder and Discharge of a Firearm During a Crime of Violence is life in federal prison. The maximum penalty upon conviction for Accessory After the Fact is 15 years in federal prison.
The charges relate to Tyson White Plume killing a juvenile female by shooting her near Rockyford, South Dakota, in February 2022, while Raymond White Plume, Sarah Stone, Jaimee Lewis, and Ivan White Plume assisted Tyson White Plume in covering up the killing to prevent him from being apprehended. The charges are merely an accusation, and all five individuals are presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division. Assistant U.S. Attorney Kelsey Blair is prosecuting the case.
Tyson White Plume, Raymond White Plume, and Ivan White Plume were detained pending trial. Sarah Stone and Jaimee Lewis were released on bond. A trial date has been set for October 4, 2022.
Fentanyl Seizures at Border Continue to Spike, Making San Diego a National Epicenter for Fentanyl Trafficking; U.S. Attorney’s Office Prioritizes Prosecutions and Prevention ProgramsRead the Press Release
Assistant U. S. Attorney Adam Gordon (619) 546-6720
NEWS RELEASE SUMMARY – August 12, 2022
SAN DIEGO – More deadly fentanyl is being seized by border officials in San Diego and Imperial counties than at any of the nation’s 300-plus ports of entry, making this federal district an epicenter for fentanyl trafficking into the United States.
In the first nine months of FY 2022 (October through June), U.S. Customs and Border Protection law enforcement agencies in San Diego and Imperial counties (CBP Field Operations and Border Patrol) seized 5,091 pounds of fentanyl – which amounts to about 60 percent of the 8,425 pounds of fentanyl seized around the entire country. Click here for CBP and Border Patrol statistics.
These fentanyl seizures in San Diego by CBP include land ports of entry at San Ysidro, Otay Mesa, Tecate, Andrade and Calexico. Seizures by Border Patrol stations within the San Diego Sector include Imperial Beach, Chula Vista, Brown Field, El Cajon, Campo, Boulevard, San Clemente and Murietta. In addition, seizures by the Border Patrol in the Imperial Valley include El Centro and Calexico.
Mexican cartels are increasingly manufacturing fentanyl for distribution and sale in the United States Precursors are imported from China and other countries and then pressed into pills, powder or mixed into other drugs at massive, industrial-scale labs.
Initially, drug trafficking organizations were adding small amounts of fentanyl to large loads of other drugs like methamphetamine. But more recently, these criminal organizations are moving significantly larger quantities of fentanyl pills and powder across the border. In a recent six-day period, CBP and Border Patrol intercepted four separate vehicle loads of fentanyl weighing between 100 and 250 pounds from July 13 to 18 in Campo and Calexico. Please see https://www.cbp.gov/newsroom/local-media-release/five-days-six-busts-have-calexico-cbp-officers-seizing-494-packages and https://www.cbp.gov/newsroom/local-media-release/border-patrol-agents-seize-over-200-pounds-fentanyl.
“A decade ago, we didn’t even know about fentanyl, and now it’s a national crisis,” said U.S. Attorney Randy Grossman. “The amount of fentanyl we are seizing at the border is staggering. The number of fentanyl seizures and fentanyl-related deaths in our district are unprecedented.”
- According to statistics released by the San Diego County Medical Examiner’s Office, fentanylrelated overdose deaths have increased 2,375 percent in San Diego County, from 33 in 2016 to at least 817 in 2021. The total may increase as the Medical Examiner’s Office makes final determinations in causes of death.
- According to CBP, seizures of fentanyl in San Diego are up by approximately 323 percent in the last three years, from just 1,599 pounds in FY 2019 to 6,767 in FY 2021. With three months to go in FY 2022, seizures in San Diego in FY 2022 are on pace to meet or exceed 2021 levels.
- In Imperial County, seizures of fentanyl increased 272 percent from FY 2019 to FY 2022, from 40 pounds to 149 pounds – with three months still to count in FY 2022.
Please see the following video messages by U.S. Attorney Grossman; Anne Maricich, acting Director of Field Operations for the San Diego Field Office; San Diego Sector Chief Patrol Agent Aaron M. Heitke; El Centro Chief Patrol Agent Greg Bovino; HSI San Diego Special Agent in Charge Chad Plantz; and Special Agent in Charge Stacey Moy of the FBI’s San Diego Field Office: https://youtube.com/playlist?list=PLGvHJHdPh24UtqMDDnr080IE66OTl8Nxg
“U.S. Customs and Border Protection officers in the San Diego Field Office have the arduous task of sifting through 150,000 northbound travelers every day to find those conducting illegal activity, including narcotics smuggling,” said Anne Maricich, acting Director of Field Operations for the San Diego Field Office. “Drug trafficking organizations will use anyone they can to help them with their dangerous and illegal activities, including regular border crossers as well as teens in the hopes that they won’t arouse suspicion. CBP is committed to keeping this dangerous drug from reaching our communities.”
“2016 was the first year San Diego Sector Border Patrol tracked fentanyl seizures,” said San Diego Sector Chief Patrol Agent Aaron M. Heitke. “In that year, our sector seized a total of 71 pounds. This fiscal year to date, San Diego Sector has already seized over 600 pounds, an increase of 745 percent, with two months remaining in the fiscal year. We will continue to work with our National and International partners to dismantle these criminal organizations and keep our borders free of these nefarious actors.”
“Fentanyl is dangerous on all levels: To our Border Patrol Agents and CBP Officers working hard to interdict this dangerous toxin, as well as to the general public who too often meet a tragic end,” said El Centro Chief Patrol Agent Greg Bovino. “With a concerted effort between law enforcement, the U.S. Attorney’s Office, and the public, we can stop fentanyl smuggling and protect our communities.”
“Fentanyl is an extremely dangerous narcotic that kills indiscriminately,” said HSI San Diego Special Agent in Charge Chad Plantz. “Fentanyl is not the type of drug you experiment with, and it is only a matter of time before drug users consume a fatal dose. This deadly drug does not discriminate nor do the transnational criminal organizations (TCO) who smuggle this dangerous drug. These TCOs have no regard for the lives taken and the violence created by this illegal enterprise. HSI is committed to preventing this drug from entering our communities and destroying lives and devastating families. We will continue to work with our law enforcement partners and prioritize investigations targeting the drug cartels who are smuggling fentanyl into the United States and bring to justice any organization or individuals who seek to profit off the sale of this dangerous narcotic.”
“There is no doubt we are in the middle of a fentanyl crisis at the hands of criminal enterprises, transcending our borders into the communities where we live, where we work, where we go to school,” said Special Agent in Charge Stacey Moy of the FBI’s San Diego Field Office. “The FBI’s mission is to protect the American people and we will apply the full force of the FBI behind investigating those criminal enterprises to stop the influx of illicit fentanyl into San Diego. We are dedicated to eliminating this threat where it begins, and will devote all necessary resources and personnel, while working alongside our law enforcement partners, to ensure justice is served and our communities are safe.”
“Air and Marine Operations will continue to work with our federal, local, state and international partners to provide air and marine capabilities along our borders to interdict fentanyl loads that are being brought into the United States by criminal organizations who have no regard for the implications of such a lethal drug,” said Brandon Tucker, director of the U.S. Customs and Border Protection San Diego Air and Marine Branch.
The U.S. Attorney’s Office for the Southern District of California, which is responsible for enforcing federal criminal laws in San Diego and Imperial counties, is employing a dual strategy of prosecution and prevention. Regarding the former, the office has prioritized and significantly increased the number of fentanyl-related prosecutions. There has been an approximately 1,600 percent increase in the number of people charged with fentanyl-related crimes over the last five years. These include numerous successful prosecutions of dealers who distribute fentanyl resulting in someone’s death. Those charges carry a mandatory minimum sentence of 20 years in federal prison.
“We continue to work with our law enforcement partners to pursue justice for the victims who die as a result of fentanyl trafficking and to prosecute the people responsible for this crisis - from the Mexican drug cartel leadership, to the couriers, to the street dealers who distribute the fatal doses,” Grossman said.
The strategy for combatting the crisis cannot be limited to prosecutions. Law enforcement agencies, including federal, state and local partners, must continue to lead on education and other prevention efforts. For example, the U.S. Attorney’s Office, which holds a leadership role in the county’s opioid coalition, has been a driving force behind the creation of a fentanyl tool kit that provides critical information to the public on fentanyl dangers. Please see the Prescription Drug Abuse Task Force website: https://www.sdpdatf.org/community-parent-fentanyl-toolkit. In addition, the U.S. Attorney’s Office’s Outreach Team is available to provide presentations to any audience. Interested groups can arrange a fentanyl presentation by contacting cindy.cipriani@usdoj.gov or shastity.urias@usdoj.gov.
Grossman also noted that the Administration’s National Drug Control Strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking. “Our office is taking a 360-degree approach to the fentanyl crisis. We are prioritizing actions that will save lives, promoting grant opportunities, working with partners to get people the care they need, going after drug traffickers’ profits, and making better use of data to guide all these efforts.” See National Drug Control Strategy, https://www.whitehouse.gov/wp-content/uploads/2022/04/National-Drug-Control-2022Strategy.pdf.
We need help from everyone in the community to be educated on the dangers of fentanyl. “Prevention is key to stopping the death toll,” Grossman said. “Parents need to talk with their kids about fentanyl.
A tiny amount will kill, and people are overdosing by accident, with many unaware that they are even taking fentanyl. No drug is safe in this era. Do not experiment with any illicit drug, because it might contain fentanyl. And it just might be the last thing you do.”
The U.S. Attorney’s Office, together with several federal law enforcement partners, has created a poster that will be hung at the San Ysidro and Otay Mesa ports of entry, warning would-be smugglers and distributors of fentanyl of stiff consequences if their actions lead to deadly overdose. “YOUR FENTANYL KILLS,” the poster says in both English and Spanish. “Distribution of Fentanyl (pills or powder) resulting in death or serious bodily injury carries a mandatory sentence of 20 years in federal prison. YOU PAY THE PRICE!”
On August 31, the U.S. Attorney and other law enforcement officials will observe International Overdose Awareness Day, the world’s largest annual campaign to end overdose and remember those who have died and acknowledge the grief of the family and friends left behind. The campaign raises awareness of overdose - one of the world’s worst public health crises - and stimulates action and discussion about evidence-based overdose prevention and drug policy.
Felon Serving Time for Illegal Gun Possession Sentenced to Additional 18 Months in Federal Prison for Escape from Residential Reentry FacilityRead the Press Release
EVANSVILLE – Glynn Petticord, 51, of Evansville, Indiana, was sentenced to 18 months in federal prison after pleading guilty to escaping from federal custody.
According to court documents, Petticord was sentenced to 156 months in federal prison for being a felon in possession of a firearm. Towards the end of his sentence, Petticord was transferred by the federal Bureau of Prisons to a residential reentry center in Evansville. The Bureau of Prisons contracts with residential reentry centers, also known as halfway houses, to provide assistance to inmates who are nearing release. Inmates serving a portion of their sentence at a residential reentry center are only authorized to leave the RRC through sign-out procedures for approved activities.
Petticord was to remain in the facility and abide by the facility’s rules until his projected release date of June 5, 2021. On April 24, 2021, Petticord left the reentry center without authorization and did not return. Law enforcement apprehended Petticord in Evansville on January 31, 2022.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana and Joseph “Dan” McClain, U.S. Marshal for the Southern District of Indiana made the announcement.
The U.S. Marshals Service investigated the case. The sentence was imposed by U.S. District Judge Richard L. Young.
U.S. Attorney Myers thanked Assistant U.S. Attorney Matthew Miller who prosecuted this case.
Felon Sentenced to Prison for Possessing a FirearmRead the Press Release
A man who was shot during an exchange of gunfire was sentenced today to more than eight years in federal prison.
Chad Lee, age 20, from Waterloo, Iowa, received the prison term after a March 3, 2022, guilty plea to one count of possession of a firearm by a felon.
In a plea agreement, Lee admitted that, on August 26, 2020, he knowingly possessed a firearm, a Springfield XD 9mm handgun, as a prohibited person. Lee was prohibited from possessing a firearm because he was previously convicted on July 2, 2020, of Interference Displaying a Firearm, in the Iowa District Court for Black Hawk County, a felony. On August 2, 2020, Waterloo police officers responded to a call of shots fired. Upon responding, officers learned that multiple individuals were involved in an altercation wherein multiple people exchanged gunfire. Officers located between 20 to 30 shell casings but no firearms. Officers also learned that Lee had just been admitted at a nearby hospital with a gunshot wound. Surveillance video of the shooting showed Lee exchanging gunfire with another group of individuals. On August 26, 2020, Waterloo police officers executed a search warrant at Lee’s residence and found the Springfield handgun with an extended magazine under his pillow. The Springfield had been reported stolen in February 2020. Lee admitted he was one of the shooters on August 2 but stated he used a Beretta handgun which he dropped after being shot. Lee said he never found the Beretta and had just acquired the Springfield handgun and used it for protection.
Lee was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lee was sentenced to 100 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Lee is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Violent Crime Apprehension Team (VCAT) of the Waterloo Police Department.
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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2056.
Follow us on Twitter @USAO_NDIA.
Federal Grand Jury Indicts Multiple Defendants for Marijuana, Money Laundering, and Firearms OffensesRead the Press Release
KNOXVILLE, Tenn. - A federal grand jury in Knoxville returned a four-count indictment on July 20, 2022, against Jordon Albert White, 31, Jack Jamarcus Bolden, 32, Anasia Annette Cherry, 21, Tatyana Davenport, 25, Anthony Dewayne Davis, 28, James Anthony Johnson, Jr., 31, Adarius Damonde McLeroy, 31, Rebecca Hope Richey, 24, Isaac Scott White, 26, David Whitehead, Jr., 49, and Kiersten Jennifer Whitehead, 50, all of Knoxville, Tennessee, Jacob Scott Clabough, 24, of Luttrell, Tennessee, Shawn Edward Fuller, 27, of Maryville, Tennessee, and Yazan Arafat Abdul-Latif, a/k/a Ryan Rodgers, 28, of Weaverville, California, for conspiracy to distribute 1000 kilograms or more of marijuana and conspiracy to commit money laundering. Jordan White and Abdul-Latif were also charged with possession of a firearm in furtherance of their drug trafficking crime.
Jordon White, Cherry, Clabough, Davenport, Davis, Fuller, Johnson, McLeroy, Richey, Isaac White, David Whitehead, Jr., and Kiersten Whitehead all appeared in federal court on August 10, 2022, before U.S. Magistrate Judge Jill McCook and entered pleas of not guilty to the charges in the indictment. Jordan White, Davis, Fuller, Johnson, McLeroy, and Isaac White were detained pending trial, while Cherry, Clabough, Davenport, Richey, David Whitehead, Jr., and Kiersten Whitehead were released pending trial. Bolden and Abdul-Latif have not yet appeared in federal court on these charges. Trial has been set for October 18, 2022, in United States District Court, in Knoxville, Tennessee, before the Honorable Thomas A. Varlan, United States District Judge.
If convicted, each defendant faces a minimum mandatory term of imprisonment of at least 10 years up to life, up to a $10,000,000 fine, five (5) years of supervised release, and forfeiture.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee made the announcement.
This indictment is the result of an investigation by Federal Bureau of Investigation Appalachian High Intensity Drug Trafficking Area Task Force (“FBI AHIDTA”), the Internal Revenue Service (“IRS”), and the United States Postal Inspection Service (“USPIS”). The FBI AHIDTA Task Force includes the Roane County Sheriff’s Office, Knoxville Police Department, Knox County Sheriff’s Office, Blount County Sheriff’s Office, and Sevier County Sheriff’s Office.
Assistant U.S. Attorney Cynthia Davidson will represent the United States.
This case was part of the Justice Department's Organized Crime Drug Enforcement Task Force (OCDETF) and HIDTA programs. OCDETF is the primary weapon of the United States against the highest-level drug trafficking organizations operating within the United States, importing drugs into the United States, or laundering the proceeds of drug trafficking. The HIDTA program enhances and coordinates drug control efforts among local, State, and Federal law enforcement agencies. The program provides agencies with coordination, equipment, technology, and additional resources to combat drug trafficking and its harmful consequences in critical regions of the United States.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
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Fairfax Man Sentenced to More Than 15 Years in Prison for Distributing Child PornographyRead the Press Release
OAKLAND – Ryan Michael Kannett was sentenced to 188 months in prison for possessing and distributing child sex abuse material, announced United States Attorney Stephanie M. Hinds and Homeland Security Investigations Special Agent in Charge Tatum King. The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Court Judge.
Kannett, 39, of Fairfax, pleaded guilty on March 16, 2022, to possessing child pornography and distributing child pornography. According to the plea agreement, Kannett admitted that between December 6, 2019, and December 9, 2019, he used the Kik messenger app to distribute several electronic files over the internet that contained both video and still images of sexually explicit material involving children. Kannett further admitted that he possessed over 600 images of child sex abuse material; the materials included images that portrayed sadistic or masochistic conduct, involved prepubescent minors, and depicted sexual abuse of infants and toddlers.
In addition, court documents established that Kannett used the handle “Sir Sicko,” among others, to engage online with an individual whom he believed to be interested in child pornography. The individual was, in fact, an undercover agent. Kannett provided the agent with several videos and images depicting sexual acts with minors and expressed a desire to rape and murder two women. Kannett told the undercover agent that he and the agent should do a practice run by raping and killing children, of any age, before killing the two targeted women. Law enforcement agents traced the IP addresses from which the electronic files were sent to Kannett’s residence in Fairfax. Agents executed a search warrant at that residence and recovered a tablet device that contained approximately 454 videos depicting child pornography, including videos depicting minors forced to engage in bestiality and bondage. One video was approximately 8 minutes long and showed an adult female sexually and physically abusing a girl who appeared to be between 2 and 5 years old.
On January 11, 2022, Kannett was charged by information with one count of possession of child pornography, in violation of 18 U.S.C. 2252(a)(4)(B) and (b)(2), and one count of distribution of child pornography, in violation of 18 U.S.C. 2252(a)(2) and (b). Pursuant to his guilty plea, Kannett pleaded guilty to both counts.
In addition to the prison term, Judge Gilliam ordered the defendant to serve 15 years of supervised release that will begin after the prison term is concluded. The defendant has been in custody since his arrest on December 17, 2019, and will begin serving his sentence immediately.
Assistant U.S. Attorney Alexis James is prosecuting the case with the assistance of Karina Ruiz and Maria Sunga. The prosecution was the result of an investigation by Homeland Security Investigations.
El Departamento de Justicia concluye la revisión luego de que el Sistema Judicial Unificado de Dakota del Sur mejorara el acceso para las personas con dominio limitado del idioma inglésRead the Press Release
El Departamento de Justicia (Justice Department) anunció hoy que cerrará una revisión de derechos civiles basada en las acciones que ha tomado el Sistema Judicial Unificado de Dakota del Sur (UJS, por sus siglas en inglés) para mejorar el acceso a los programas y actividades judiciales para personas con dominio limitado del idioma inglés (LEP, por sus siglas en inglés).
En octubre de 2021, el Departamento de Justicia resolvió una revisión que inició el UJS de conformidad con el Título VI de la Ley de Derechos Civiles de 1964 (Title VI of the Civil Rights Act of 1964, Title VI), que prohíbe la discriminación por motivos de raza, color de piel y nacionalidad por parte de los beneficiarios de asistencia financiera federal. El UJS ha tomado una serie de medidas para mejorar el acceso a los tribunales estatales para personas con LEP en Dakota del Sur. El UJS también ha formalizado un programa de acceso al idioma en los tribunales y, recientemente, el UJS emitió un plan de acceso al idioma en todo el estado que requiere que todos los tribunales proporcionen servicios de interpretación y traducción sin costo para los usuarios con LEP de los tribunales. Además, el UJS ha proporcionado a los jueces y al personal judicial capacitación en acceso al idioma que aborda el Título VI y los requisitos de la ley estatal. El departamento está concluyendo esta revisión debido a estos y otros esfuerzos del UJS.
"El idioma nunca debe ser una barrera para las personas que buscan acceso a la justicia y a los tribunales en nuestro país", dijo la fiscal general adjunta Kristen Clarke, de la División de Derechos Civiles (Civil Rights Division) del Departamento de Justicia. "Reconocemos las mejoras del Sistema Judicial Unificado de Dakota del Sur que han ayudado a mejorar sustancialmente el acceso a los tribunales estatales para las personas con dominio limitado del idioma inglés".
"Desde el proyecto de ley que el UJS presentó el año pasado y que se convirtió en ley estatal hasta el reciente plan de acceso al idioma, el UJS ha mejorado la experiencia de los usuarios de los tribunales con LEP en nuestro estado", dijo la fiscal federal Alison J. Ramsdell para el Distrito de Dakota del Sur. "Nuestra oficina está dedicada a trabajar con socios estatales y locales para abordar el acceso al idioma y otros asuntos importantes de derechos civiles".
Este asunto fue llevado a cabo conjuntamente por abogados de la División de Derechos Civiles y la Oficina de la Fiscalía Federal para el Distrito de Dakota del Sur. Hay información adicional disponible sobre la División de Derechos Civiles en su sitio web en www.justice.gov/crt, y hay información disponible sobre el dominio limitado del idioma inglés y el Título VI en https://www.lep.gov/SPA. El público en general puede denunciar posibles violaciones de los derechos civiles en https://civilrights.justice.gov/report/ o con la Oficina de la Fiscalía Federal para el Distrito de Dakota del Sur completando el formulario de denuncia disponible en https://www.justice.gov/usao-sd/civil-rights.
Convicted Iraqi gun smuggler sentenced to nearly eight years in prisonRead the Press Release
SAVANNAH, GA: An Iraqi national has been sentenced to federal prison after being convicted of attempting to smuggle guns through the Port of Savannah.
Nihad Al Jaberi, 43, of Clarkston, Ga., was sentenced to 94 months in prison after a U.S. District Court jury in February convicted him on charges of Smuggling, Failure to Notify a Common Carrier, and Submitting False or Misleading Export Information, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker also ordered that Al Jaberi be referred to U.S. Immigration and Customs Enforcement for deportation after completion of his prison term, and if not deported, Al Jaberi must serve three years of supervised release.
There is no parole in the federal system.
“Our law enforcement partners performed outstanding work in detecting and stopping this shipment hidden guns,” said U.S. Attorney Estes. “This interception will hold Al Jaberi accountable while preventing deadly weapons from heading to a dangerous and unstable country.”
As proven at trial, Al Jaberi is an Iraqi citizen and legal permanent resident of the United States who attempted in August 2020 to hide six .308-caliber long-range rifles and three handguns in a shipment labeled as “71 Pieces of Spare Auto Parts with No License Required.” Al Jaberi obtained the firearms through straw purchases at various Atlanta-area sporting goods stores before disassembling the guns and hiding them among used automotive parts in a container that authorities intercepted at the Port of Savannah.
“Illegally exporting firearms is a violation of our nation’s export control laws and often has serious consequences in the United States and abroad,” said Acting Special Agent in Charge Jonathan Carson, U.S. Department of Commerce, Office of Export Enforcement (OEE), Miami Field Office. “This outcome demonstrates the effectiveness of OEE, working with our law enforcement partners, to disrupt the illegal export of sensitive, controlled items.”
“ATF’s central objective is ensuring the safety of local residents,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “In order to accomplish this mission, ATF will aggressively and acutely target individuals who seek to diminish the general welfare through illegal firearms trafficking.”
“HSI’s work to prevent the smuggling of illegal weapons protects communities around the globe,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI and its law enforcement partners are committed to catching and prosecuting those involved in this illegal trade.”
“Customs and Border Protection officers at Savannah seaport work tirelessly alongside partnering agencies to stop illicit shipments into and out of the country,” said, David Santos, Acting Area Port Director CBP Savannah. “We can only imagine where these guns could have ended up.”
The case was investigated by U.S. Department of Commerce Office of Export Enforcement; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; and U.S. Customs and Border Protection, and prosecuted for the United States by Southern District of Georgia Special Assistant U.S. Attorney Darron J. Hubbard and Assistant U.S. Attorney Jennifer G. Solari, and by Northern District of Georgia Assistant U.S. Attorney Theodore S. Hertzberg.
Camden County Man Sentenced to Five Years in Prison for Deploying Homemade Explosive at Local Fitness CenterRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man was sentenced to 60 months in prison for setting off a homemade bomb at a fitness center, U.S. Attorney Philip Sellinger announced today.
Dwayne Vandergrift, 40, of Gloucester City, New Jersey, previously pleaded guilty before U.S. District Judge Karen Williams in Camden federal court to an information charging him with one count of malicious use of explosive materials. Judge Williams imposed the sentence on Aug. 10, 2022, in Camden federal court.
According to documents filed in this case and statements made in court:
In the early morning hours of Aug. 28, 2020, Vandergrift deployed a homemade explosive device at a Gloucester City fitness center. The bomb damaged the gym’s door and entryway. The gym had not yet opened for the day, and no one was inside. Law enforcement officers later searched Vandergrift’s home and located additional materials for building explosive devices and firearms.
In addition to the prison term, Judge Williams sentenced Vandergrift to three years of supervised release.
U.S. Attorney Sellinger credited special agents of the FBI, South Jersey Resident Agency, Philadelphia Division, under the direction of Special Agent in Charge Jacqueline Maguire, with the investigation leading to the sentencing. He also thanked the New Jersey Office of Homeland Security and Preparedness, the Gloucester City Police Department, the New Jersey State Police, the Camden County Sheriff’s Office, Camden County Prosecutor’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Homeland Security, Homeland Security Investigations, for their assistance.
The government is represented by Assistant U.S. Attorney Lindsey R. Harteis of the U.S. Attorney’s Office in Camden, New Jersey.
Butte woman sentenced to prison for stealing more than $600,000 from elderly, blind victim under her guardianshipRead the Press Release
MISSOULA — A Butte woman who admitted to stealing more than $600,000 from an elderly and blind woman, now deceased, who was under her care, and spending the money instead on lake property, vehicles, a pontoon boat and other items for herself was sentenced on Aug. 10 to one year and a day in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said today.
Debra Gean Roeber, 66, pleaded guilty in April to wire fraud and to money laundering.
U.S. District Judge Dana L. Christensen presided. Judge Christensen also ordered $661,549.00 in restitution.
“Montanans are inherently trusting and the victim in this case trusted Roeber because she was the victim’s guardian. Roeber abused that trust when she defrauded her elderly, lonely, and blind victim, which is not just tragic and egregious, it’s reprehensible and unacceptable. Our office and our law enforcement partners will not tolerate elder abuse, and we will be steadfast in our commitment to protect our most vulnerable friends and neighbors,” U.S. Attorney Laslovich said.
“Senior citizens and those that care about them must be vigilant to prevent future scams targeting elder Americans,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “As a community, it is our responsibility to care for our elders. As a law enforcement community, it is our duty to hold individuals accountable who abuse their position of trust and steal from the people that are under their care.”
“Motivated purely by greed, Roeber defrauded the victim and betrayed her trust. This was a truly reprehensible crime aggravated by the fact that the victim was blind,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Our elderly citizens should be valued, not victimized. The FBI and our law enforcement partners will hold accountable those who prey on society’s vulnerable populations.”
The government alleged in court documents that the state district court appointed Roeber as the guardian and conservator for the victim, identified as Jane Doe, who was unable to care for herself or her financial needs without assistance because she was blind. From about January 2017 until June 2020, Roeber stole $661,549 from Jane Doe and used the money for, among other things, construction projects on lake property at Canyon Ferry, vehicles, furniture, a pontoon boat and cash. None of the expenditures was authorized. Roeber admitted she took advantage of Jane Doe “a lot,” including lying to the victim about her finances. Jane Doe, who is now deceased, lived her final days believing this fraud left her destitute and unable to care for her simple needs.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the FBI and IRS Criminal Investigation.
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Brooklyn Man Charged for Fraudulently Entering Competitor Laboratory and Destroying and Stealing EquipmentRead the Press Release
NEWARK, N.J. – A Brooklyn, New York, man was arrested today for allegedly entering a laboratory business on false pretenses and destroying and stealing that business’ equipment, U.S. Attorney Philip R. Sellinger announced.
Eric Leykin, 31, of Brooklyn, New York, is charged by complaint with one count of wire fraud and one count of accessing a protected computer without authorization and recklessly causing damage. He appeared by videoconference today before U.S. Magistrate Judge Jessica S. Allen in Newark federal court and was released on $1 million unsecured bond.
According to documents filed in this case and statements made in court:
Leykin was the CEO of a clinical reference laboratory based in New Jersey. Leykin’s laboratory competed against the victim business, another clinical reference laboratory also based in New Jersey. On June 30, 2022, Leykin bought a prepaid mobile phone and called an employee of the victim business, claiming to be a technician with a vendor that the victim business used to service its laboratory equipment. On that false pretense, Leykin scheduled an appointment with the victim business’ employee to supposedly service some of the victim business’ laboratory equipment. On July 1, 2022, the date of the supposed service appointment, Leykin went to the victim business and proceeded to destroy a significant amount of the victim business’ laboratory and computer equipment, in at least one instance doing so with a USB kill stick device. Leykin also stole multiple hard drives housed within the victim business’ equipment.
The wire fraud count carries a maximum potential penalty of 20 years in prison, and the computer intrusion count carries a maximum potential penalty of five years in prison. Both counts also carry a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; the Millburn Police Department, under the direction of Chief Brian Gilfedder; and the FBI in New York, under the direction of Assistant Director Michael Driscoll, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Andrew M. Trombly of the Cybercrime Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Bergen County Man Charged with Distributing HeroinRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was charged with conspiring to possess with intent to distribute heroin, U.S. Attorney Philip R. Sellinger announced today.
Esmelby Estevez-Castillo, 35, of Ridgefield Park, New Jersey, was arraigned on Aug. 10, 2022, before U.S. Magistrate Judge Michael A. Hammer and pleaded not guilty. Estevez-Castillo was indicted on Aug. 2, 2022, on one count of conspiracy to distribute heroin and one count of possessing with intent to distribute at least 100 grams of heroin.
According to documents filed in this case and statements made in court:
From March 2019 through Dec. 3, 2020, Estevez-Castillo conspired with others to distribute, and did distribute, at least 100 grams of heroin.
The count of conspiracy to distribute 100 grams or more of heroin carries a minimum sentence of five years in prison, a maximum of 40 years in prison, and a maximum fine of $5 million. The charge of distributing and possessing with intent to distribute at least 100 grams of heroin carries a statutory mandatory minimum penalty of five years in prison, a maximum of 40 years in prison and a maximum fine of $5 million.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, and postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Damon E. Wood, Philadelphia Division, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Sophie E. Reiter of the U.S. Attorney’s Cybercrime Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Baltimore Man Sentenced to 12 Years in Federal Prison for Setting a House on Fire While Three People Were InsideRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Luther Moody Trent, age 21, of Baltimore, Maryland to 12 years in federal prison, followed by 3 years of supervised release, for malicious destruction of property by fire. The Court has also ordered Trent to pay $612,700.20 in restitution.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Maryland State Fire Marshal Brian S. Geraci; Commissioner Michael Harrison of the Baltimore Police Department; and Chief Niles R. Ford of the Baltimore City Fire Department.
“Justice has been served — our community and the victims here finally got some accountability” said U.S. Attorney for the District of Maryland, Erek L. Barron.
According to his guilty plea, on May 21, 2021, at approximately 1:30 a.m., Trent poured gasoline along the exterior of a Baltimore residence and then set the gasoline on fire while Victim 1, Victim 2, and Victim 3 were inside. The fire caused significant damage to the residence and the adjoining property, however, all three victims were alerted and escaped without injury. Firefighters were eventually able to extinguish the blaze.
Victim 1 was in a prior volatile relationship with Trent which resulted in the police being called on at least one occasion, as well as an order of protection being issued in favor of Victim 1. Examination of Victim 1’s cell phone revealed that Trent had sent threatening text messages to Victim 1.
After further investigation, a Baltimore City police detective located a video of a prior incident with Trent and Victim 1 on March 23, 2021. After reviewing the video, the BPD detective recognized Trent and recalled that he was at the scene of the arson. At that time, Trent identified himself as “Trey Johnson” and claimed to be inquiring about his “cousin” that he said lived in the residence. According to the detective, Trent seemed to be acting nervous and drove away from the scene in a black two-door sedan. Victim 1 confirmed that Trent drove a black two-door sedan at the time.
As stated in his guilty plea, Trent was interviewed by a local news station about the arson in which he claimed to have set Victim 1’s residence on fire because he was upset that he could not see Victim 1. Further, Trent compared his actions to Romeo and Juliet and stated that “if I can’t have her, nobody can, or at least no one in Baltimore.”
United States Attorney Erek L. Barron commended the ATF, Maryland State Fire Marshals, the Baltimore City State’s Attorney’s Office, the Baltimore Police Department, and the Baltimore City Fire Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Aryan Brotherhood Gang Member from Visalia Charged for Firearm PossessionRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Brian Thomas Whitworth, 38, of Visalia, charging him with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, officers were investigating a vehicle theft reported by Whitworth, but upon reviewing his home’s surveillance footage, they saw that Whitworth had fired a rifle during the theft. Officers recovered a rifle matching the description of the rifle Whitworth was seen firing in the surveillance footage. In jail calls, Whitworth admitted to knowledge of the firearm and also discussed his gang membership. Whitworth was previously convicted of felonies, including assault with a deadly weapon and vehicle theft and was therefore prohibited from possessing firearms.
This case is the product of an investigation by the Visalia Police Department, the California Department of Corrections and Rehabilitation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Laura Jean Berger is prosecuting the case.
If convicted, Whitworth faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.