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17 May 2022
Man Pleads Guilty to Sexually Assaulting Woman on the Warm Springs Indian ReservationRead the Press Release
PORTLAND, Ore.—A Warm Springs, Oregon man pleaded guilty today for sexually assaulting a woman on the Warm Springs Indian Reservation.
Jerome Albert Stanley, Jr., 27, pleaded guilty to one count of abusive sexual contact.
According to court documents, on August 9, 2020, after being warned not to do so, Stanley entered a bedroom occupied by an adult woman in a residence on the Warm Springs Indian Reservation and sexually assaulted the woman. Later, during a recorded call with the victim, Stanley admitted to the abusive sexual contact and acknowledged it should not have happened.
On September 15, 2021, a federal grand jury in Portland returned a four-count indictment charging Stanley with sexual abuse of an incapable victim and aggravated sexual abuse by force. Prior to pleading guilty, on May 11, 2022, Stanley was charged by superseding criminal information with abusive sexual contact.
Stanley faces a maximum sentence of two years in prison, a $250,000 fine and five years’ supervised release. He will be sentenced on August 8, 2022 before U.S. District Court Judge Michael W. Mosman.
As part of the plea agreement, Stanley will pay restitution to his victim as identified by the government and ordered by the court at sentencing. He must also register as a sex offender.
U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the FBI and the Warm Springs Tribal Police Department. Assistant U.S. Attorneys Pamela Paaso and Erin Greenawald are prosecuting the case.
Sexual assault is a serious violent crime frequently hidden from public view. Many survivors suffer in silence, afraid to seek help or not knowing where to turn. The traumatic effects of sexual violence also extend beyond the abused person, impacting family members and communities.
If you or someone you know are in immediate danger, please call 911.
If you need assistance or know someone who needs help, please contact the National Sexual Assault Hotline by calling 1-800-656-4673 or visiting online.rainn.org to chat online. Trained staff members are available 24/7 year-round. Many communities throughout the country have also developed support networks to assist survivors in the process of recovery.
The StrongHearts Native Helpline offers culturally specific support and advocacy for American Indian and Alaska Native survivors of domestic and sexual violence. Please call 1-844-762-8483 or visit www.strongheartshelpline.org for more information.
MS-13 Gang Member Pleads Guilty to Three Murders on Long IslandRead the Press Release
Earlier today, in federal court in Central Islip, Jhonny Contreras, a member of the Brentwood Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty in federal court in Central Islip to racketeering and related firearms charges in connection with his participation in the May 26, 2013 murder of Derrick Mayes, the May 28, 2013 murder of Keenan Russell, and the November 19, 2015 murder of Cesar Rivera-Vasquez. The proceeding was held before United States District Judge Gary R. Brown.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.
"With today’s guilty plea, the defendant has admitted to participating in a murderous rampage that was senseless and demonstrated a total disregard for human life by hunting down victims based on an offending article of clothing or a tattoo. His heinous acts were motivated by a twisted desire to increase his status within the MS-13 gang. This case underscores the resolve of this Office and the Long Island Gang Task Force to bring the MS-13 to justice for their crimes against our communities,” stated United States Attorney Peace. “We offer our sympathy to the victims’ families and loved ones who join the tragic community of those devastated by gun violence, and hope today’s plea will bring some measure of closure on their path to healing.”
“These murders are a grim reminder of the violence and lack of regard for human life that MS-13 exudes - killing innocent people simply because they are wearing a certain color or are believed to be from a rival gang,” stated SCPD Commissioner Harrison said. “With today’s guilty plea, Suffolk County is undoubtedly a safer place and I commend the Eastern District of New York and the members of the Long Island Task Force for their tireless efforts ridding communities of gang violence.”
According to court filings and statements by the defendant at the guilty plea proceeding, Contreras participated in the murders of Derrick Mayes and Keenan Russell over the Memorial Day weekend in 2013. On May 26, 2013, Contreras and another MS-13 member armed themselves with a .25 caliber handgun and 20-gauge shotgun and drove around Central Islip in a stolen minivan looking for rival gang members to kill. While on Wilson Boulevard, Contreras and his co-conspirator observed Mayes, an African-American man, who they did not know and wrongly assumed to be a member of the Bloods street gang because he was wearing an article of red clothing. The MS-13 members approached Mayes, shot him multiple times, killing him. The following night, Contreras and several other MS-13 members, who were armed with the same .25 caliber handgun and 20-gauge shotgun, as well as a 9mm handgun, again drove around Central Islip in the stolen minivan and other vehicles, looking for rival gang members to kill, and observed several African-Americans, including Russell, outside of a house party on Acorn Street. The MS-13 members approached Russell, who they did not know and again mistakenly assumed to be a member of the Bloods, opened fire with the weapons, killing him. Later, the MS-13 members learned that the minivan had been linked to the murders and they agreed to destroy it. Contreras and several other gang members drove the minivan to a wooded area in Ronkonkoma, wiped it down to remove any fingerprints, doused it with gasoline, and set it on fire.
In addition, Contreras admitted during his guilty plea today to participating in the murder of Cesar Rivera-Vasquez on November 19, 2015, in Babylon. Rivera-Vasquez was murdered by Contreras and other MS-13 members because they suspected him of belonging to a rival Mexican gang, Raza Loca. On the night of the murder, Contreras and his co-conspirators saw Rivera-Vasquez at a deli located close to the Babylon Long Island Railroad station. Contreras and the other MS-13 members convinced the victim to leave with them to smoke marijuana and brought him to an isolated area behind a nearby baseball field. The gang members, who were armed with knives and a baseball bat, told the victim to take off his shirt so they could observe a tattoo they believed signified the victim’s membership in the rival gang. After observing the tattoo, Contreras and the other MS-13 members attacked Rivera-Vasquez, beating him with the bat and stabbing him repeatedly with knives before one of the co-conspirators took one of the knives and cut his throat. After Rivera-Vasquez was dead, the MS-13 members buried his body near a large mound of dirt, and Rivera-Vasquez’s body was not discovered until April 2018. When sentenced, Contreras faces a maximum sentence of life in prison.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent, transnational criminal organization. The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States. With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 60 murders in the Eastern District of New York, resulting in the convictions of dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, the New York State Police, the Hempstead Police Department, the Rockville Centre Police Department and the New York State Department of Corrections and Community Supervision.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Paul G. Scotti, Justina L. Geraci and Megan E. Farrell are in charge of the prosecution.
The Defendant:JHONNY CONTRERAS
Age: 28
Brentwood, New YorkE.D.N.Y. Docket No. 16-CR-403 (GRB)
Luna County inmates sentenced for assaulting corrections officersRead the Press Release
ALBUQUERQUE, N.M. – Jacob Merkel, 23, and Victor Sanchez, 25, were sentenced in federal court on May 16 after pleading guilty to assault upon a person assisting federal officers involving physical contact.
Merkel, who pleaded guilty on Feb. 7, was sentenced to one year and three months in prison, with nine months consecutive to his prior sentence of 13 years and 10 months for robbery and discharge of a firearm. Sanchez, who pleaded guilty on Feb. 9, was sentenced to one year and nine months in prison, with 12 months to run consecutive to his prior eight-year sentence for being a felon in possession of a firearm.
According to the plea agreements and other court records, on Feb. 17, 2021, co-defendant Johnny Black, 36, became angry with corrections staff and started arguing with them. When staff attempted to escort him out of the pod, Black struck an officer, starting an altercation that other inmates joined. Sanchez saw the altercation and joined Black in striking the officer. As the altercation continued, Merkel grabbed another officer and punched him in the face. After Merkel and the officer went to the ground, Merkel got back up and continued the altercation. At that time, a fourth co-defendant, Henry Felix emerged from the crowd and attacked the second officer from behind, striking him in the head and body.
Black pleaded guilty on Feb. 22, and Felix on Feb. 4. Black and Felix are awaiting sentencing, which has not been scheduled.
The U.S. Marshals Service and Luna County Corrections Officers investigated this case. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Kalispell couple admit crimes in scheme to steal mail and use personal information found in mail to defraud businessesRead the Press Release
MISSOULA — A Kalispell couple accused in a scheme to steal mail in Lincoln and Flathead counties and of using personal information found in the stolen mail to shop at numerous businesses admitted to charges, U.S. Attorney Leif M. Johnson said today.
Jennifer Don Smith, 37, pleaded guilty today to wire fraud and aggravated identity theft. Co-defendant Michael Thomas Kullberg, 34, Smith’s husband, pleaded guilty to theft of mail, wire fraud and aggravated identity theft on May12. Smith and Kullberg face a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the wire fraud count and a mandatory two years in prison, consecutive to any other punishment, a $250,000 fine and one year of supervised release on the aggravated identity theft count.
U.S. District Judge Susan P. Watters presided at Smith’s hearing. U.S. District Judge Donald W. Molloy presided at Kullberg’s hearing. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Sept. 7 for both Smith and Kullberg. Both Smith and Kullberg were detained pending further proceedings.
The government alleged in court documents that on March 21 and 27, 2020, hundreds of residents throughout Eureka had their mail stolen. Over the next few days, discarded mail was recovered in roadways, ditches and other public areas. On April 4, 2020, law enforcement received many new reports of mail stolen from the Marion, Kila and Libby areas and again subsequently recovered large amounts of mail dumped along the roadway. Dozens of residents reported the loss of packages, letters, bills, outgoing checks and personal identifying information.
The government further alleged that on April 6, 2020, John Doe 1 reported that Bank of America had contacted him regarding a slew of charges on a new credit card it had mailed him in Eureka. Doe 1 never received the card. Bank of America provided a list of transactions showing the card had been used 14 times from March 22 to April 6 at various businesses in Eureka and Kalispell. Some of the sales were declined, but seven were approved and totaled $815 in unauthorized charges. In addition, the Town Pump in Eureka provided surveillance images from March 22, 2020 for one of the fraudulent transactions, which depicted Kullberg tendering the card. Other images from April 6, 2020, showed Smith using the stolen card. Pictures provided by Stein’s Eureka Market showed Smith twice attempting to purchase items with Doe 1’s card.
Kullberg, the government alleged, had recently been released from custody on a felony conviction and was wearing a GPS tracking device. The Lincoln County Sheriff’s Office obtained location data and determined Kullberg travelled along the same routes where the mail was stolen during the nights of March 21, 27 and April 4, 2020. The data further indicated Kullberg was at the Eureka Town Pump when Doe 1’s card was used and at Stein’s Eureka Market when Smith tendered the card. Kullberg also was at other locations in Kalispell, including ExxonMobil, Home Depot, Target and Albertsons when the card was presented.
In May 2020, law enforcement received a report that John Doe 2 and Jane Doe 1 had a joint credit card from Citibank stolen from their mailbox in Eureka. Kullberg’s GPS coordinates reflect that he was in that area on March 27, 2020. The Citibank card was used on March 28, 2020 at multiple Kalispell locations, including Target, Home Depot, Walmart, Lowes, Conoco, Harbor Freight and the Dollar Tree. Kullberg’s GPS data reflects he was at each of those businesses on March 28. The total amount of unauthorized charges was $1,352.
Kullberg later denied to law enforcement that he stole any mail or used anyone else’s credit card without permission. When asked why his GPS placed him at the scene of the thefts when they occurred, Kullberg explained he was driving around fighting with Smith in his car.
Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the Lincoln County Sheriff’s Office, Eureka Police Department, Montana Probation and parole and U.S. Postal Inspection Service.
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Justice Department Sues to Compel a U.S. Businessperson to Register Under the Foreign Agents Registration ActRead the Press Release
The Department of Justice today filed a civil enforcement action in the U.S. District Court for the District of Columbia, seeking to compel Stephen A. Wynn, a U.S. businessperson and hotelier who previously served as the CEO of Wynn Resorts, to register under the Foreign Agents Registration Act (FARA) as the agent of the People’s Republic of China (PRC) and a senior official of the PRC’s Ministry of Public Security (MPS). Wynn was advised to register as an agent by the department but declined to do so.
“The filing of this suit – the first affirmative civil lawsuit under FARA in more than three decades – demonstrates the department’s commitment to ensuring transparency in our democratic system,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Where a foreign government uses an American as its agent to influence policy decisions in the United States, FARA gives the American people a right to know.”
According to the complaint, from at least June 2017 through at least August 2017, Wynn contacted the then-President and members of his administration to convey the PRC’s request to cancel the visa or otherwise remove from the United States a Chinese businessperson who left China in 2014, was later charged with corruption by the PRC and sought political asylum in the United States. Wynn engaged in these efforts at the request of Sun Lijun, then-Vice Minister of the MPS. Wynn conveyed the request directly to the then-President over dinner and by phone, and he had multiple discussions with the then-President and senior officials at the White House and National Security Council about organizing a meeting with Sun and other PRC government officials.
During the time that he engaged in this conduct, Wynn’s company owned and operated casinos in Macau, a special administrative region in the PRC. The department alleges that Wynn acted at the request of the PRC out of a desire to protect his business interests in Macau.
This enforcement action is being handled by the Counterintelligence and Export Control Section of the National Security Division. Trial Attorney Nathan Swinton is litigating the case.
Justice Department Secures Settlement in Sexual Harassment Lawsuit Against Iowa LandlordRead the Press Release
The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that Davenport, Iowa, landlord Juan Goitia violated the Fair Housing Act by sexually harassing female tenants. The settlement also resolves claims against 908 Bridge Cooperative which, along with Goitia, owned the properties where the harassment occurred.
Under the consent order, which still must be approved by the U.S. District Court for the Southern District of Iowa, defendants are required to pay $135,000 to compensate individuals harmed by the harassment and pay a civil penalty to the United States. The consent order also:
- prohibits Goitia from continuing to manage rental housing;
- requires Goitia to retain an independent property manager to manage any rental properties he owns now or in the future; and
- requires defendants to obtain fair housing training and implement comprehensive non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.
“Sexual harassment by housing providers is an illegal and egregious abuse of power that deprives tenants of their right to be safe and secure in their homes,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Justice Department is committed to protecting the rights of vulnerable tenants subjected to sexual harassment and will continue to hold landlords accountable and obtain relief for survivors.”
The lawsuit, filed in 2020, alleged that since at least 2010, Goitia subjected female tenants to harassment that included making unwelcome sexual comments and advances, touching tenants’ bodies without their consent, entering the homes of female tenants without their consent and without prior notice, and taking adverse actions against tenants who resisted his sexual overtures or complained about the harassment.
This case was litigated by attorneys in the department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the Southern District of Iowa. The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the Department of Justice has filed 23 lawsuits alleging sexual harassment in housing and recovered over $9.6 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Hosts Violent Crime SummitRead the Press Release
The Department of Justice today kicked off a two-day national summit on reducing violence and strengthening communities. The summit convenes more than 500 prosecutors, federal and local law enforcement officials, and community partners working under the auspices of Project Safe Neighborhoods (PSN) and the National Public Safety Partnership, two department-led initiatives that balance enforcement efforts with community engagement.
“The Justice Department’s strategy to disrupt violent crime is based on partnership: partnership among federal law enforcement agencies assisting in the fight against violent crime; partnership with the local communities facing the harm that violent crime causes them; and partnership with the state, local, Tribal, and territorial law enforcement agencies protecting those local communities every day,” said Attorney General Merrick B. Garland. “Over the next two days, this summit will bring together our indispensable community and law enforcement partners from across the country to share best practices on disrupting violent crime and strengthen our coordinated efforts to keep our communities and our country safe.”
The Department of Justice is hosting the virtual summit amid increased gun violence affecting communities across the country. A report issued last week by the Centers for Disease Control and Prevention found that the rate of firearm murders rose 35% from 2019 to 2020. Counties with the highest poverty levels had four-and-a-half times the firearm homicide rate as counties with the lowest poverty levels.
Project Safe Neighborhoods (PSN) is a nationwide initiative coordinated by U.S. Attorneys’ Offices that brings together federal, state, local, and Tribal law enforcement officials, prosecutors, community leaders and other stakeholders to identify and address the most pressing violent crime problems in communities. Its fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions. In May 2021, the Department launched a Comprehensive Strategy for Reducing Violent Crime that articulates four core principles of PSN: 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 of our efforts.
U.S. Attorneys’ Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the Department’s strategy. They are collaborating with law enforcement agencies and community organizations to pinpoint the drivers of violence in their districts and working together to develop community-based, data-driven solutions. The Bureau of Justice Assistance, a division of the Department’s Office of Justice Programs, is making almost $18 million in PSN funding available to communities this year.
The Justice Department also announced its intention to select five additional jurisdictions to participate in the National Public Safety Partnership (PSP). PSP provides training, technical assistance and other resources from the department’s enforcement and grantmaking components to address community violent crime challenges. More than 50 cities have participated in the effort.
President Biden outlined his Administration’s approach to tackling violent crime during a February trip to New York City, where he discussed measures for holding accountable those who commit gun crimes and announced major investments in violence reduction efforts, community violence intervention programs, and services designed to help formerly incarcerated individuals make a successful return to their communities. “We have an opportunity to come together and fulfill the first responsibility of government and our democracy: to keep each other safe,” he said.
Joining the Attorney General during the summit are Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, Office of Justice Programs Principal Deputy Assistant Attorney General Amy L. Solomon, Criminal Division Assistant Attorney General Kenneth A. Polite, Jr., Director of the Executive Office of U.S. Attorneys Monty Wilkinson and Bureau of Justice Assistance Director Karhlton F. Moore. The summit is organized by the Bureau of Justice Assistance.
Justice Department Files False Claims Act Complaint Against Medical Device Manufacturer and its Owner for Training Providers to Improperly Reuse Disposable ItemsRead the Press Release
The United States has filed a lawsuit against The Prometheus Group (Prometheus), a New Hampshire manufacturer of pelvic muscle therapeutic systems and related rectal probes, and Richard Poore, its president and sole owner. The complaint, filed in the U.S. District Court for the Western District of Michigan, alleges that the defendants violated the False Claims Act by causing health care providers to bill Medicare for services in which the providers improperly re-used single-user rectal sensors and single-use catheters on multiple patients. The United States alleges that the reuse of these devices on multiple patients unnecessarily exposed vulnerable Medicare beneficiaries to the risks of serious bacterial, fungal and viral infections.
“Providers and suppliers who participate in federal health care programs are expected to maintain the highest standards of patient care,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold parties accountable for causing the use of unsafe procedures that may put patients’ health at risk.”
“The Medicare Program is designed to serve an already-vulnerable population,” said U.S. Attorney Mark Totten for the Western District of Michigan. “Device manufacturers must not train providers who bill Medicare for services to use devices in a way that fails to protect patient health.”
“By encouraging the improper reuse of medical devices for financial gain, this manufacturer significantly endangered the health and safety of patients,” said Special Agent in Charge Mario Pinto with the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG is committed to working with our law enforcement partners to hold accountable any medical device manufacturers who exploit federal health care programs and threaten the health and safety of beneficiaries.”
Prometheus manufactures and sells device systems for use in pelvic muscle rehabilitation (PMR), a non-surgical therapy to eliminate or reduce symptoms of pelvic floor disorders, including urinary and fecal incontinence. Specifically, Prometheus has manufactured and marketed the Pathway CTS 2000 Pelvic Floor Training System and the Morpheus System. Both systems required the use of a rectal pressure probe that is inserted into a patient’s rectum during therapy. Prometheus manufactured its own sensor for use with the Pathway System and encouraged its customers to use another company’s anorectal manometry catheter with the Morpheus System.
The U.S. Food and Drug Administration (FDA) cleared the Prometheus rectal pressure sensor to be used as a single-user device and the anorectal manometry catheter to be used as a single-use device. For example, the instructions for use identify the rectal pressure sensor as “a potential bio-hazard” and state: “This sensor is restricted for single person use only. Use by another person is strictly prohibited by Federal Regulations.” Similarly, the anorectal manometry catheter was cleared by the FDA as a disposable single-use device, with packaging that states: “Do not re-use.”
According to the United States’ complaint, the defendants knew of these restrictions, but for years encouraged and instructed health care providers to reuse the rectal pressure sensors and anorectal manometry catheters on multiple patients, using a glove or condom to cover the probes, as a way to reduce the overhead costs associated with Prometheus’s systems. This reuse, which exposed patients to unnecessary risk of infections, was not reasonable or necessary, and thus was ineligible for Medicare coverage. In addition to the safety risks, Prometheus allegedly made no attempt to determine if the probes worked effectively when re-used under those conditions.
The lawsuit is captioned United States v. The Prometheus Group., et al., No. 1:22-CV-446 (W.D. Mich.), and is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Western District of Michigan. Lead counsel are Senior Trial Counsel Jay D. Majors and Assistant U.S. Attorney Andrew J. Hull. Investigative support is being provided by HHS-OIG, FDA and FBI.
The claims asserted in the United States’ complaint are allegations only, and there has been no determination of liability.
Justice Department Files False Claims Act Complaint Against Medical Device Manufacturer and Its Owner for Training Providers to Improperly Reuse Disposable ItemsRead the Press Release
GRAND RAPIDS, MICHIGAN – The United States has filed a lawsuit against The Prometheus Group (Prometheus), a New Hampshire manufacturer of pelvic muscle therapeutic systems and related rectal probes, and Richard Poore, its president and sole owner. The complaint, filed in the U.S. District Court for the Western District of Michigan, alleges that the defendants violated the False Claims Act by causing health care providers to bill Medicare for services in which the providers improperly re-used single-user rectal sensors and single-use catheters on multiple patients. The United States alleges that the reuse of these devices on multiple patients unnecessarily exposed vulnerable Medicare beneficiaries to the risks of serious bacterial, fungal and viral infections.
“Providers and suppliers who participate in federal health care programs are expected to maintain the highest standards of patient care,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold parties accountable for causing the use of unsafe procedures that may put patients’ health at risk.”
“The Medicare Program is designed to serve an already-vulnerable population,” said Mark Totten, United States Attorney for the Western District of Michigan. “Device manufacturers must not train providers who bill Medicare for services to use devices in a way that fails to protect patient health.”
“By encouraging the improper reuse of medical devices for financial gain, this manufacturer significantly endangered the health and safety of patients,” said Special Agent in Charge Mario Pinto with the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG is committed to working with our law enforcement partners to hold accountable any medical device manufacturers who exploit Federal health care programs and threaten the health and safety of beneficiaries.”
Prometheus manufactures and sells device systems for use in pelvic muscle rehabilitation (PMR), a non-surgical therapy to eliminate or reduce symptoms of pelvic floor disorders, including urinary and fecal incontinence. Specifically, Prometheus has manufactured and marketed the Pathway CTS 2000 Pelvic Floor Training System and the Morpheus System. Both systems required the use of a rectal pressure probe that is inserted into a patient’s rectum during therapy. Prometheus manufactured its own sensor for use with the Pathway System and encouraged its customers to use another company’s anorectal manometry catheter with the Morpheus System.
The U.S. Food and Drug Administration (FDA) cleared the Prometheus rectal pressure sensor to be used as a single-user device and the anorectal manometry catheter to be used as a single-use device. For example, the instructions for use identify the rectal pressure sensor as “a potential bio-hazard” and state: “This sensor is restricted for single person use only. Use by another person is strictly prohibited by Federal Regulations.” Similarly, the anorectal manometry catheter was cleared by the FDA as a disposable single-use device, with packaging that states: “Do not re-use.”
According to the United States’ complaint, the defendants knew of these restrictions, but for years encouraged and instructed health care providers to reuse the rectal pressure sensors and anorectal manometry catheters on multiple patients, using a glove or condom to cover the probes, as a way to reduce the overhead costs associated with Prometheus’s systems. This reuse, which exposed patients to unnecessary risk of infections, was not reasonable or necessary, and thus was ineligible for Medicare coverage. In addition to the safety risks, Prometheus allegedly made no attempt to determine if the probes worked effectively when re-used under those conditions.
The lawsuit is captioned United States v. The Prometheus Group., et al., No. 1:22-CV-446 (W.D. Mich.) and is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Western District of Michigan. Lead counsel are Senior Trial Counsel Jay D. Majors and Assistant U.S. Attorney Andrew J. Hull. Investigative support is being provided by the Department of Health and Human Services, Office of Inspector General, the FDA, and the FBI.
The claims asserted in the United States’ complaint are allegations only, and there has been no determination of liability.
Justice Department Announces Publication of the First Volume of the National Firearms in Commerce and Trafficking AssessmentRead the Press Release
The Justice Department today announced the publication of the first volume of the National Firearms in Commerce and Trafficking Assessment (NFCTA), a four-part, comprehensive examination of commerce in firearms and the diversion of firearms to illegal markets.
“Last year, I directed ATF to undertake its first comprehensive study of criminal gun trafficking in over two decades,” said Attorney General Merrick Garland. “The first volume published today provides critical, data-driven insights on firearms commerce and technology trends that will inform our efforts to understand and disrupt gun trafficking networks. We will continue to work alongside our partners to provide valuable lessons that will help agents, prosecutors, and policymakers tackle modern criminal gun trafficking enterprises.”
“We can only address the current rise in violence if we have the best available information and use the most effective tools and research to fuel our efforts” said Deputy Attorney General Lisa O. Monaco. “This report is an important step in that direction. The Department will continue to gather the data necessary to tailor our approach at the most significant drivers of gun violence and take shooters off the streets.”
In April 2021, as part of the department’s strategy to combat the rise in violent crime, President Biden and Attorney General Garland directed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to issue a comprehensive report on firearms commerce and trafficking. Volume I of the NFCTA, issued today, is a broad overview of firearms commerce in the United States, covering data from 2000 to 2020.
Volume I presents and analyzes data collected by ATF and other federal agencies related to the manufacture, exportation, and importation of firearms. Between 2000 and 2020, the number of Gun Control Act (GCA) firearms and National Firearms Act (NFA) weapons that were domestically manufactured, exported by U.S. manufacturers, or imported into the U.S. increased by 187%, 240% and 350% respectively. The report highlights trends in firearm commerce, noting that – for example – over the last decade, the pistol has become the dominant firearm type manufactured and imported into the U.S., and the number of short-barreled rifles manufactured annually has increased 24,080% between 2000 and 2020.
Volume I also analyzes the past 20 years of technological developments affecting firearms commerce. One of the most significant developments in this period has been the proliferation of privately made firearms (PMFs). Since the early 2000s, advances in firearm manufacturing and design, combined with the ready online availability of the parts and information necessary to assemble PMFs, have made it easier for unlicensed persons to make a firearm at home without any records or a background check. These PMFs lack identifying markings, and often have no associated recordkeeping, making it difficult for law enforcement to know how many are made and distributed into commerce. The data available, however, makes it clear that criminals are actively making, using, and distributing PMFs both domestically and internationally. The number of suspected PMFs recovered by law enforcement and subsequently traced by ATF increased 1,000% between 2016 and 2021. To curb the proliferation of PMFs, the Department announced a new rule that updates the regulatory definitions for firearms and clarifies that background checks are required for buy-build-shoot firearms kits that are sold commercially.
To produce the NFCTA, the ATF assembled a team of subject experts from ATF, as well as from academic and related fields. Although ATF issues a variety of public and law enforcement reports and bulletins regarding firearm commerce, trafficking, and related issues every year, it has not undertaken a joint academic study on the scale of the NFCTA in more than 20 years.
Jury convicts out-of-state man for human smuggling in TexasRead the Press Release
CORPUS CHRISTI, Texas – A federal jury has convicted a 54-year-old Chicago, Illinois, man for transporting illegal aliens in a tractor trailer, announced U.S. Attorney Jennifer B. Lowery.
The jury deliberated for approximately 90 minutes before convicting Jose Luis Gutierrez-Plascencia following a two-day trial.
On Sept. 17, 2020, Jose Luis Gutierrez-Plascencia entered the Border Patrol (BP) checkpoint near Sarita while driving a white Freightliner commercial tractor and pulling an enclosed trailer. At trial, the jury heard testimony that Gutierrez-Plascencia had told authorities he was hauling a load of watermelons to Chicago. Law enforcement testified that he had displayed nervous behavior and answered questions rapidly.
The jury also saw an X-ray scan conducted at the scene that revealed anomalies – human bodies. Law enforcement had physically searched the vehicle and also discovered four aliens hiding in the cab of the tractor. Upon further inspection, they unlocked the trailer, with a key from Gutierrez-Plascencia’s keychain, and found three more individuals lying down inside the trailer. There were no watermelons in the vehicle.
It was later determined that the total of seven non-U.S. citizens were illegally present in the country. Two of the seven testified at trial and identified Gutierrez-Plascencia as the driver.
U.S. District Judge David S. Morales presided over trial and set sentencing for Aug. 11. At that time, Gutierrez-Plascencia faces up to five years in federal prison and a possible $250,000 maximum fine.
BP conducted the investigation. Assistant U.S. Attorneys Joel Dunn and Ashley Martin are prosecuting the case.
Jefferson County man indicted on fentanyl chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Gary Lee Winston, of Shenandoah Junction, West Virginia, was indicted today on a fentanyl charge, United States Attorney William Ihlenfeld announced.
Winston, also known as “Bud,” 35, was indicted today on one count of “Distribution of Heroin and Fentanyl.” Winston is accused of selling heroin and fentanyl in Berkeley County in March 2021.
Winston faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Eleanor F. Hurney is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, and the Jefferson County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Iron County Man Sentenced to Serve 20 Years in Federal Prison for Receiving Child PornographyRead the Press Release
CAPE GIRARDEAU - The United States Attorney's Office announced that Samuel J. Gillam, age 37, of Iron County, Missouri, has been sentenced to serve 240 months (20 years) in federal prison for the offense of Receiving Child Pornography. Gillam appeared for his sentencing hearing today before United States District Judge Stephen N. Limbaugh, Jr. at the federal courthouse in Cape Girardeau, Missouri.
According to court documents, law enforcement officials interviewed a 16-year-old female during a sexual abuse investigation and discovered, among other things, that she sent sexually explicit images of herself to Gillam. Investigators subsequently seized Gillam’s mobile phone and found the images. At his guilty plea hearing last February, Gillam admitted that he received the images from the minor female. During the sentencing hearing, Judge Limbaugh determined that the aggravated nature of Gillam’s conduct—including the fact that he had been sexually abusing the minor female—justified the statutory maximum 20-year sentence.
After serving his 20-year sentence, Gillam was ordered to be placed on supervised release for the rest of his life. Gillam will also be required to register as a sex offender.
This case was investigated by the Iron County Sheriff’s Office the Missouri State Highway Patrol, and the Federal Bureau of Investigation. Assistant United States Attorney Jack Koester handled the prosecution for the Government.
Iron County Man Sentenced to Serve 20 Years in Federal Prison for Receiving Child PornographyRead the Press Release
CAPE GIRARDEAU - The United States Attorney's Office announced that Samuel J. Gillam, age 37, of Iron County, Missouri, has been sentenced to serve 240 months (20 years) in federal prison for the offense of Receiving Child Pornography. Gillam appeared for his sentencing hearing today before United States District Judge Stephen N. Limbaugh, Jr. at the federal courthouse in Cape Girardeau, Missouri.
According to court documents, law enforcement officials interviewed a 16-year-old female during a sexual abuse investigation and discovered, among other things, that she sent sexually explicit images of herself to Gillam. Investigators subsequently seized Gillam’s mobile phone and found the images. At his guilty plea hearing last February, Gillam admitted that he received the images from the minor female. During the sentencing hearing, Judge Limbaugh determined that the aggravated nature of Gillam’s conduct—including the fact that he had been sexually abusing the minor female—justified the statutory maximum 20-year sentence.
After serving his 20-year sentence, Gillam was ordered to be placed on supervised release for the rest of his life. Gillam will also be required to register as a sex offender.
This case was investigated by the Iron County Sheriff’s Office the Missouri State Highway Patrol, and the Federal Bureau of Investigation. Assistant United States Attorney Jack Koester handled the prosecution for the Government.
Indictment Charges North Branford Man with Child Exploitation OffenseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Matthew B. Millhollin, Special Agent in Charge, Homeland Security Investigations (HSI), Boston, today announced that a federal grand jury in Bridgeport has returned an indictment charging JOSEPH AMADEO, 37, of North Branford, with receipt of child pornography.
The indictment was returned on May 5, 2022. Amadeo appeared today before U.S. Magistrate Judge Robert M. Spector in New Haven and entered a plea of not guilty to the charge. Amadeo was originally arrested on a federal criminal complaint on June 3, 2021.
As alleged in court documents, in 2020, HSI began investigating Amadeo for his involvement in an online community of individuals who sent and received child pornography images and videos on the dark web. On March 24, 2021, investigators conducted a court-authorized search of Amadeo’s residence and seized Amadeo’s computer and other electronic devices. Analysis of the devices revealed thousands of images and videos depicting the sexual abuse of children, many as young as infants.
Receipt of child pornography carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years.
Amadeo is a registered sex offender on the Connecticut Sex Offender Registry based on a 2013 state conviction involving child pornography. He is released on a $100,000 bond pending trial.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Amanda S. Oakes.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Indianapolis Man Sentenced to 30 Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
INDIANAPOLIS – Ryan Niendorf, 39, of Indianapolis, was sentenced to 30 years in federal prison following his guilty plea to sexual exploitation of a child and attempted sexual exploitation of a child.
According to court documents, in May 2021, agents with the Federal Bureau of Investigation (FBI) received information from the National Center for Missing and Exploited Children (NCMEC) that an adult’s Facebook account had been used to engage in sexually explicit communication with a child’s Facebook account. Law enforcement officers determined the adult was Niendorf, a semi-truck driver living in Indianapolis, and police were able to locate the child. Based on forensic evidence found in Niendorf’s account, police arrested Niendorf. Further investigation showed Niendorf persuaded two minors, both less than 16 years of age, to produce sexually explicit videos.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana and Herbert J. Stapleton, Special Agent in Charge of the FBI Indianapolis Field Office made the announcement.
The Federal Bureau of Investigation investigated this case. The Indiana Crimes Against Children Task Force (ICAC) also provided valuable assistance. The sentence was imposed by U.S. District Judge Sarah Evans Barker. As part of the sentence, Judge Barker ordered that the defendant be supervised by the U.S. Probation Office for life following his release from prison and ordered to pay each victim $10,000 in restitution. Niendorf must also register as a sex offender wherever he lives, works, or goes to school, as required by law.
U.S. Attorney Myers thanked Assistant U.S. Attorney Kristina M. Korobov who prosecuted this case.
This investigation was conducted by the Indiana Internet Crimes Against Children (ICAC) Task Force, a partnership of federal, state, and local law enforcement agencies led by the Indiana State Police. The Task Force is dedicated to investigating and prosecuting crimes involving the technology-facilitated sexual exploitation of children and the trafficking of child sexual abuse material. Each year, Indiana ICAC investigators evaluate thousands of tips, investigate hundreds of cases, and rescue dozens of children from ongoing sexual abuse. In fiscal year 2019, the most recent year for which data is available, the Southern District of Indiana was second out of the 94 federal districts in the country for the number of child sexual exploitation cases prosecuted.
Houston area residents charged in kickback schemeRead the Press Release
HOUSTON – The final defendants in a health care fraud scheme involving local pharmacies and a pain clinic are set to make their appearances in Houston federal court, announced U.S. Attorney Jennifer B. Lowery.
Charles Willis, 57, Flower Mound, appeared for his arraignment on the federal indictment at 10 a.m. today before U.S. Magistrate Judge Christina Bryan. Henry Gonzales, 48, is charged in a related criminal information and expected to make his initial appearance tomorrow at 2 p.m. before U.S. Magistrate Judge Sam Sheldon.
Four others are charged in the six-count indictment returned April 27 along with Willis. Tronown Thomas, 44, Spring, Willie McDonald, 69, Humble, Ronald Kwan, 60, Missouri City, and Valdi Tatan, 37, Richmond, have all already made their appearances in Houston federal court.
Gonzales owned Option 1 Pain & Rehab Clinic (formerly Direct Medical Clinic) in Houston as well as Farmacia, a pharmacy located in Houston, according to the charges.
According to the indictment, Thomas was the owner of Rayford ACP Pharmacy, Willis worked as a doctor at Option 1 and Tatan and Kwan were pharmacists for Farmacia.
Gonzales allegedly paid kickbacks to McDonald to recruit and refer federal employee patients to Direct Medical/Option 1. There, Willis would see patients and, at the request of Gonzalez who paid him in kickbacks, prescribed medically unnecessary drugs, according to the charges.
The charges also allege that at Farmacia, Tatan and Kwan were paid in kickbacks to fill the compounded drug prescriptions. Farmacia and Rayford ACP would then allegedly bill the Department of Labor (DOL) Federal Employee Compensation Program. Gonzales and Thomas would disburse the funds amongst the conspirators, according to the indictment.
If convicted, all five face up to five years in federal prison for the conspiracy and up to 10 years for the related health care fraud charges.
Thomas and Willis are also charged with conspiracy to launder money and face another 10-year-term of imprisonment.
The Department of Veterans Affairs – Office of Inspector General (OIG), DOL – OIG and U.S. Postal Service - OIG conducted the investigation with the assistance of FBI and Defense Criminal Investigative Service. Assistant U.S. Attorneys Grace Murphy and Tina Ansari are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Holden Woman Sentenced to 3 Years for Methamphetamine and Fentanyl TraffickingRead the Press Release
BANGOR, Maine: A Holden woman was sentenced in federal court today for conspiracy to distribute and possess with the intent to distribute methamphetamine and fentanyl, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Nicole Footman, 38, to three years in prison and three years of supervised release. She was also ordered to forfeit $1,229. Footman pleaded guilty on December 3, 2021.
According to court records, from approximately September 2019 through July 2021, Footman conspired to distribute and possess with the intent to distribute methamphetamine and fentanyl. As part of the conspiracy, Footman obtained quantities of these drugs for distribution from a Bangor supplier, communicating with the supplier by telephone, text messaging and social media. In July 2021, police executed a search warrant at Footman’s residence and found methamphetamine and fentanyl along with scales, packaging materials, cell phones and $1,229 in cash.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency with the assistance of the Holden Police Department and Bangor Police Department.
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Hilo Man Pleads Guilty to Defrauding Paycheck Protection and Disaster Loan ProgramsRead the Press Release
HONOLULU – Carey Mills, 43, of Hilo, Hawaii pleaded guilty today before U.S. District Judge Derrick K. Watson to a single-count Information, charging him with wire fraud in connection with a scheme to defraud the Government of program funds intended for Coronavirus-related relief. Sentencing is scheduled for October 4, 2022. Mills faces a maximum term of imprisonment of 30 years and a fine of up to $1,000,000.
The Paycheck Protection Program (PPP) is a federal loan program that is intended to help small businesses survive the COVID-19 pandemic by providing them with funds to cover certain payroll costs, including benefits, interest on mortgages, rent and utilities. The Economic Injury Disaster Loan program (EIDL) provides low-interest loans and grants to small businesses that experience substantial financial disruptions due to federally-declared disasters, including the COVID-19 pandemic.
According to information presented in court, Mills submitted multiple applications for PPP and EIDL funds on behalf of three businesses under his control, Kanaka Maoli Hookupu Center, New Way Horizon Travel, and Uilani Kawailehua Foundation, each time utilizing interstate wires. To support the applications, Mills submitted fraudulent payroll documents and IRS forms, which included false employee and wage payment records. As a result of the false and fraudulent applications, Mills received $937,575 in the form of two forgivable PPP loans, one EIDL loan, and one EIDL grant to which he was not entitled.
“Congress funded the PPP and EIDL programs to provide a financial lifeline to struggling small businesses in Hawaii and across the United States during the COVID-19 pandemic,” said U.S. Attorney Clare E. Connors. “Unfortunately, bad actors have targeted these critical assistance programs and fraudulently diverted much-needed resources. Our office will investigate all allegations of unlawful use of these funds and is committed to ensuring federal taxpayer dollars are used for their intended purpose.”
“The Treasury Inspector General for Tax Administration will aggressively pursue those who endeavor to defraud taxpayer-funded Coronavirus Aid, Relief, and Economic Security Act programs, which were established to provide assistance to American business owners and their employees during these unprecedented times,” said J. Russell George, Treasury Inspector General for Tax Administration. “We appreciate the efforts of the U.S. Department Justice and our law enforcement partners in this effort.”
The investigation was led by the U.S. Treasury Inspector General for Tax Administration, with assistance from the Federal Deposit Insurance Corporation Office of the Inspector General, the Small Business Administration Office of the Inspector General, and Homeland Security Investigations. Assistant U.S. Attorneys Rebecca M. Perlmutter and Gregg Paris Yates handled the prosecution.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Goldsboro Man Receives 25 Years in Federal Prison for His Role in a Multi-County Meth OperationRead the Press Release
NEW BERN, N.C. – Edquan Battle, 35, of Goldsboro, was sentenced to 300 months in prison for his role in a multi-county meth operation.
“This conviction is a part of our coordinated efforts to dismantle and disrupt the criminal networks that are bringing illegal drugs into our communities,” said Michael Easley, United States Attorney for the Eastern District of North Carolina.
Battle was convicted of the following charges:
- Conspiracy to possess with intent to distribute and distribute 500 grams or more of a substance containing Methamphetamine; and
- Distribution of 50 grams or more of a substance containing Methamphetamine.
According to court documents, evidence presented in court and other documents, on June 27, 2019, Kinston Police and Lenoir County Sheriff’s Office detectives working with Bureau of Alcohol, Tobacco and Firearms (ATF) Task Force Officers were conducting surveillance on Christopher Walker and observed him meet with Ernie James and Robert Lowery. They were observed driving to a residence associated with Battle on Dale Street in Goldsboro. Walker purchased 2 ounces of methamphetamine for the trio from Battle. Law enforcement stopped the individuals and recovered the methamphetamine.
On July 1, 2019, two ATF confidential informants (CIs) purchased approximately 85 grams of methamphetamine from Battle at the residence on Dale Street. Following this controlled purchase and unbeknownst to ATF, the CIs returned to meet Battle at Dale Street. Battle sold them a quantity of heroin. One of them overdosed and had to be revived by emergency medical personal with Narcan.
On July 3, 2019, Duplin County Sheriff’s Detectives arrested Victoria Humphrey in the parking lot of the Family Dollar in Albertson. Humphries had 140 grams of methamphetamine that she had previous purchased from Battle. Humphrey had a handgun in a holster on her hip and a small child was also in the car. Later that day, Duplin County Detectives made a controlled purchase of approximately 110 grams of methamphetamine from Battle in Albertson. Battle was ultimately arrested by law enforcement on federal charges. The investigation revealed that Battle was involved in the distribution of more than 25 kilogram of methamphetamine and 7 ounces of heroin from 2018 until the time of his arrest in July 2019.
This prosecution is part of operation “Fighting Jelly Fish” which is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
The following people have previously been sentenced in federal court for their role in this drug trafficking organization:
- Christopher Walker pled guilty to conspiracy to distribute and possess with the intent to distribute 500 grams or more of a substance containing methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine and received a prison sentence of 112 months.
- Ernie James pled guilty to conspiracy to distribute and possess with the intent to distribute 50 grams or more of a substance containing methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine and received a prison sentence of 123 months.
- Robert Lowery pled guilty to conspiracy to distribute and possess with the intent to distribute 50 grams or more of a substance containing methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine and received a prison sentence of 70 months.
- Victoria Humphrey pled guilty to conspiracy to distribute and possess with the intent to distribute 50 grams or more of a substance containing methamphetamine, possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime and received a prison sentence of 108 months.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Craven, Duplin, Lenoir and Onslow County Sheriff’s Offices and the Jacksonville and Kinston Police Departments investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00139-FL.
Gary Man Convicted of Firearms OffenseRead the Press Release
HAMMOND – Milton L. Harvey, Jr, age 42, of Gary, Indiana, was found guilty of a firearm offense following a 2-day jury trial in front of United States District Court Judge Philip P. Simon, announced United States Attorney Clifford D. Johnson.
Harvey was found guilty by the jury of being a felon in possession of a firearm in August of 2016.
Harvey’s sentencing will be set for a later date. Any specific sentence to be imposed will be determined by the District Court Judge after consideration of federal statutes and the United States Sentencing Guidelines.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Gary Police Department. This case was prosecuted by Assistant United States Attorneys Nick Padilla and Kevin Wolff.
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Former pastor and coach pleads guilty to child exploitationRead the Press Release
Memphis, TN- Joshua Henley, 33, formerly of Benton County, Tennessee, and Evansville, Indiana, pled guilty Monday in federal district court to an eight-count indictment, admitting that he produced child sexual abuse material involving three minors, transported a minor interstate with the intent to engage in sexual activity with the minor, sent obscene videos and images to a minor, and possessed and transported child sexual abuse material. Joseph C. Murphy, Jr., United States Attorney, announced the conviction today.
According to information presented in court, beginning in 2018, Henley was the pastor at Holladay Church of Christ in Benton County. He also coached the Holladay Elementary School girls’ basketball team. In April 2021, Henley took a position at a church in Evansville, Indiana. In June 2021, Henley drove back to Tennessee to pick up a female identified as "Minor C" and took her back to Indiana so she could help at his Vacation Bible School there. While in Indiana, Henley had sex with her. Minor C had just turned fifteen. Minor C later disclosed that Henley had been engaging in sexual activity with her since she was thirteen and asked her to take sexually explicit pictures and send them to him via a chat application.
While Henley was in Indiana with Minor C, another female, "Minor B," disclosed to a trusted adult that in 2020, Henley had asked her to create and send sexually explicit images too. Minor B was fifteen.
Henley was arrested on June 18, 2021, as he was driving Minor C back to Benton County. Investigators found a cell phone in his possession and obtained a warrant to search it and found sexually explicit images of Minor C and Minor B, as well as video of Henley having sexual intercourse with another female—Minor A. Metadata indicated the image was produced on November 6, 2020, just a few months after Minor A turned fourteen.
Henley has worked with young people in several other states, including Indiana, Oklahoma, and Texas.
Sentencing is set for August 23, 2022, before Chief United States District Judge S. Thomas Anderson in Jackson, Tennessee. Henley will be incarcerated for at least fifteen years and may be sentenced to a term of up to life in prison.
The case was investigated by the FBI’s Crimes Against Children Task Force in partnership with the Benton County Sheriff’s Department, the Evansville Police Department, and the Tennessee Bureau of Investigation’s Technical Services Unit.
Assistant United States Attorney Debra Ireland is prosecuting this case on behalf of the United States.
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Former Union County Postal Employee Sentenced to Three Years in Prison for Conspiring to Commit Bank Fraud and Fraudulently Attempting to Obtain SBA LoansRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, woman was sentenced today to 36 months in prison for stealing checkbooks and credit cards from the mail while employed as a U.S. Postal Service (USPS) clerk and filing fraudulent applications for loans intended for small businesses experiencing disruptions due to the COVID-19 pandemic, U.S. Attorney Philip R. Sellinger announced.
Janel Blackman, 42, of Newark, previously pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an information charging her with one count of conspiracy to commit bank fraud and one count of making false statements to the U.S. Small Business Administration (SBA). Judge Wigenton imposed the sentence today by videoconference.
According to documents filed in this case and statements made in court:
From February 2019 to May 2020, Blackman conspired to obtain money from victim financial institutions fraudulently, by, among other things, stealing credit cards and blank checkbooks from a post office in Summit, New Jersey, where she was employed as a clerk, and providing them to conspirators in exchange for cash. Blackman’s conspirators then fraudulently forged the signatures of the accountholders and negotiated the checks by making them payable to individuals, some of whom were New Jersey high school students, and who had given the conspirators access to their accounts, also in exchange for cash. Blackman’s conspirators deposited the fraudulent checks online and at various bank ATMs throughout New Jersey and later withdrew funds from the bank accounts before the victim financial institutions identified the checks as fraudulent and could block further withdrawals. Blackman and her conspirators obtained and attempted to obtain approximately $366,000 from victim financial institutions.
From July 2020 to February 2021, Blackman also filed fraudulent applications for Economic Injury Disaster Loans (EIDL), which are intended for small businesses experiencing substantial financial disruption due to the COVID-19 pandemic. The applications were for businesses that did not exist and were intended to induce the SBA to provide funding to Blackman under false pretenses. For example, on Oct. 25, 2020, Blackman filed an EIDL application in the name of Hard Times Café, stating that it was a liquor store in Newark with 10 employees. In fact, no such business existed. Blackman further falsely stated that she, as the listed owner of Hard Times Cafe, was not then presently subject to formal criminal charges in any jurisdiction, even though as of Sept. 17, 2020, she had been arrested and charged by criminal complaint in the District of New Jersey with the bank fraud conspiracy described above. The SBA did not approve the application.
Three of Blackman’s conspirators have pleaded guilty and were sentenced: Tashon Ragan, 22, of Hillside, New Jersey, 33 months in prison; Jahaad Flip, 22, of Newark, New Jersey, 28 months in prison; and Jeffrey Bennett, 27, of Irvington, New Jersey, 48 months in prison.
In addition to the prison term, Judge Wigenton sentenced Blackman to three years of supervised release and ordered restitution of $61,438.
U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Damon Wood, Philadelphia Division; special agents with the U.S. Postal Service – Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi; special agents with IRS - Criminal Investigation, under the direction of Acting Special Agent in Charge Tammy Tomlins; and special agents with the Office of the Treasury Inspector General for Tax Administration (TIGTA), under the direction of Special Agent in Charge Andrew McKay, with the investigation leading to today’s sentencing. He also thanked the Summit Police Department, the New Providence Police Department, the Piscataway Police Department, the Newark Police Department, the South Orange Police Department, and the Little Falls Police Department for their assistance.
The government is represented by Assistant U.S. Attorneys Jonathan Fayer and Elaine K. Lou in Newark.
Former Orono Convenience Store Owner Pleads Guilty to Credit Card FraudRead the Press Release
BANGOR, Maine: A Massachusetts man pleaded guilty today in federal court to access device fraud, U.S. Attorney Darcie N. McElwee announced.
According to court records, in January 2020, Mohammad K. Mohmand, 43, formerly of Orono, operated the Orono Thriftway Food Center convenience store. Mohmand used a payment terminal at the store to process over $100,000 in false credit and debit card returns to the accounts of family and friends. The false returns caused illegitimate payments to be received by the account holders and the bank account linked to the store’s card settlements to be overdrawn, resulting in losses to a financial institution.
Mohmand faces up to 15 years in prison and a $250,000 fine. He also faces up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the U.S. Secret Service and the Orono Police Department.
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Former Head of Anaheim Chamber of Commerce Named in Federal Criminal Complaint Alleging False Statements on Loan ApplicationRead the Press Release
SANTA ANA, California – The former president and CEO of the Anaheim Chamber of Commerce is expected to appear this afternoon in federal court after being charged with lying to a mortgage lender about his assets while seeking a loan for a $1.5 million home in the San Bernardino Mountains.
Todd Ament, 57, of Orange, was charged in a 99-page criminal complaint filed Monday afternoon in United States District Court with making false statements to a financial institution while seeking funding in late 2020 to purchase a second home – a five-bedroom residence in Big Bear City.
The affidavit in support of the criminal complaint outlines a plot in which Ament – with the assistance of a political consultant who was a partner at a national public relations firm – devised a scheme to launder proceeds intended for the Chamber through the PR firm into Ament’s bank account. This infusion of cash – which appears to have been a loan from the PR firm engineered by the political consultant – allegedly influenced the lender’s decision to fund the mortgage.
The scheme led to a series of wire transfers from the PR firm that ultimately gave Ament $205,000 and made it appear he had enough cash on hand to secure the home loan, according to the affidavit. Ament allegedly used some of that money for the down payment, and some was used to make an out-of-escrow payment to the seller. The affidavit states that Ament made a $200,000 payment directly to the seller in an apparent effort to reduce the sale price of the house, thus reducing property taxes and lowering the commission to the seller’s real estate agent, the affidavit states.
An investigation outlined in the affidavit revealed that Ament and the political consultant had a close relationship for several years, one that included leading a small group of Anaheim public officials, consultants and business leaders. That group –described by Ament and the political consultant as a “family” and a “cabal” – met regularly at “retreats” to allegedly exert influence over government operations in Anaheim, according to the affidavit.
Ament and the political consultant also allegedly devised a scheme to divert proceeds intended for the Chamber through the PR firm and into Ament’s personal bank account. The affidavit alleges that Ament and the political consultant schemed to defraud a cannabis company that had retained the political consultant to lobby for favorable cannabis-related legislation in Anaheim. The cannabis company paid $225,000 to the Chamber with the understanding that it would have access to a task force that crafted such legislation, but at least $31,000 of that money was paid directly to Ament without those payments being disclosed to the client, the affidavit alleges.
The charge of making false statements to a financial institution carries a statutory maximum sentence of 30 years in federal prison.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The FBI and IRS Criminal Investigation are conducting the investigation in this matter.
Assistant United States Attorneys Daniel H. Ahn, Daniel S. Lim and Melissa S. Rabbani of the Santa Ana Branch Office are prosecuting this case.
Former Executive of Pesticide Manufacturing Company Pleads Guilty to Making and Using False DocumentRead the Press Release
Christopher James Davis, of Venice, California, pleaded guilty in federal court in Mobile, Alabama, to one count of falsifying and using a document to obtain approval from the Environmental Protection Agency (EPA) to manufacture a pesticide.
According to court documents, Davis, a product manager for a pesticide manufacturer, submitted documents supporting a pesticide’s U.S. registration that he knew falsely indicated that the pesticide had been approved for manufacture and use in Canada, when in fact Davis knew it had not. Relying on the submission with this false information, the EPA approved the pesticide’s U.S. application.
“The honesty of individuals applying to manufacture pesticides is vital to protecting the public’s health and the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will prosecute those who falsify records and submit them to obtain regulatory approvals.”
“In order to safeguard the environment, it is essential that the Environmental Protection Agency’s pesticide programs receive accurate and honest information from pesticide producers and their employees,” said Special Agent in Charge Chuck Carfagno of EPA’s Criminal Investigation Division. “This guilty plea sends a clear message that EPA and its law enforcement partners will continue to hold individuals fully accountable for illegal conduct that jeopardizes the environment.”
The case was investigated by the EPA Criminal Investigation Division. The case is being prosecuted by Senior Counsel Kris Dighe of the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resources Division, Assistant U.S. Attorney Michael Anderson, and Special Assistant U.S. Attorney Jennifer Lewis.
Fifteen Individuals Indicted for Shipping Cocaine to the Continental United StatesRead the Press Release
SAN JUAN, Puerto Rico – On May 11, 2022, a Federal Grand Jury in the District of Puerto Rico returned a four-count indictment and a three-count superseding indictment against 15 defendants for conspiracy to possess with intent to distribute controlled substances, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The agencies in charge of the investigation are the United States Postal Service Office of Inspector General (USPS-OIG), the U.S. Postal Inspection Service (USPIS), the Drug Enforcement Administration (DEA), and the U.S. Army Criminal Investigation Division, with the collaboration of the Puerto Rico Police Bureau.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The thirteen individuals charged in the indictment are:
Pablo Colón-Rolón, a.k.a “Gordo/Goldo”
Carlos Castro-Lecumberri
Enmanuel Matos-Matos, a.k.a “El Menor”
José Pérez-Cuevas, a.k.a “Chipolo”
Juan Manuel Vázquez-Díaz, a.k.a “Demente”
Saul Montalvo-Mulero, a.k.a “La Momia”
Luis M. Ortiz-Rivera, a.k.a “Jingo/Ñingo”
Miguel Piñeiro-Ramos, a.k.a “El Grande”
Nelson Suárez-Ortiz, a.k.a “El Cocinero/El Quemao”
Carlos Marrero-Vazquez, a.k.a “El Cartero”
Johan Torres-Feliciano, a.k.a “El Ingeniero/Inge”
Gustavo Rivera-Mulero, a.k.a “El Cano”
Abraham Nelson-Brenes
From at least the year 2020, until March 2021, the defendants conspired to distribute wholesale amounts of cocaine within Puerto Rico and the continental United States including Florida, Massachusetts, Maryland, Alabama, Connecticut, Pennsylvania, Delaware, and New York among others, for financial gain and profit.
As part of the manner and means of the conspiracy, the co-conspirators met at cock fighting events around Puerto Rico, networking with known and unknown co-conspirators, and entered deals for the purchase, transfer, and sale of kilogram quantities of cocaine. They utilized the U.S. Postal Service and other private shipping companies to transport the cocaine to the various locations in the U.S. When the co-conspirators utilized the private shipping companies, they concealed the kilograms of cocaine in buckets of industrial sealant, household items, and board games, among other things.
Other co-conspirators located in the continental United States would receive the cocaine shipments and further distribute them to other co-conspirators. These co-conspirators collected the proceeds from the sale of cocaine in the continental United States for its return to Puerto Rico.
Ten (10) of these defendants are facing one count of conspiracy to launder monetary instruments. The defendants conducted financial transactions with the proceeds of drug trafficking by transferring the proceeds from the continental U.S. to co-conspirators in Puerto Rico.
Defendant Abraham Nelson-Brenes in facing one count for knowingly managing and controlling a place located at Urbanization Jardines de Dorado for the purpose of unlawfully storing and distributing kilograms of cocaine.
The superseding indictment charges Juan González-Ayala, Carlos Castro-Lecumberri, and Jonathan Santiago-Hernández of conspiracy to possess with intent to distribute wholesale amounts of cocaine within Puerto Rico and the continental U.S. for financial gain and profit.
Defendant Santiago-Hernández is facing one count of possession of a firearm in furtherance of a drug trafficking crime.
Assistant U.S. Attorney Camille García from the Transnational Organized Section and Special Assistant U.S. Attorney R. Vance Eaton from the Gang Section are in charge of the prosecution of the cases. The defendants face a possible sentence of 10 years up to life in prison for the drug trafficking charges, and up to 20 years for the money laundering charges.
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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Farley Man Faces Additional Child Pornography ChargesRead the Press Release
KANSAS CITY, Mo. – A Farley, Mo., man was indicted by a federal grand jury today on nine additional counts of producing child pornography, as well as additional counts of distributing and receiving child pornography.
Andrew J. McCardie, 35, was charged in a 13-count superseding indictment returned by a federal grand jury in Kansas City, Mo. Today’s superseding indictment includes the original two counts of producing child pornography and distributing child pornography over the internet, which were contained in a March 15, 2022, indictment. Today’s superseding indictment includes nine additional counts of producing child pornography, an additional count of distributing child pornography over the internet, and a new count of receiving child pornography.
McCardie, who was originally charged in a March 7, 2022, criminal complaint, remains in federal custody without bond until his trial.
According to an affidavit filed in support of the original criminal complaint, an FBI online covert employee from the Atlanta, Georgia, field office was in contact with McCardie on the Kik messaging application. McCardie allegedly claimed to be sexually abusing multiple children. During the chat, the affidavit says, McCardie claimed he had been producing child pornography at others’ request for a couple of years.
On March 5, 2022, McCardie allegedly sent the FBI employee two videos that depicted child sexual abuse. McCardie claimed that one of the videos, which appear to depict him sexually abusing a child, was taken the same day. He also sent a screen shot as evidence that it was a live video taken with the Kik application and previously sent to another Kik user.
On March 6, 2022, law enforcement officers executed a search warrant at McCardie’s residence. The entry team attempted to take control of McCardie near the entrance of the residence but he resisted, initially holding a firearm as officers entered. McCardie was brought out into the yard, where he continued to resist before being handcuffed and placed under arrest. According to the affidavit, McCardie attempted to hide his iPhone in the bedroom closet, but officers found the phone and seized it in order to conduct a forensic investigation.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kenneth W. Borgnino. It is being investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
El Salvador man indicted on illegal immigration chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Emerson Corvera, a citizen of El Salvador, was indicted today on an illegal reentry charge, United States Attorney William Ihlenfeld announced.
Corvera was convicted in June 2016 in the Northern District of Florida for transporting women for prostitution. The indictment alleged that at least 26 women were sold “by the session” as a part of the conspiracy. Corvera was removed from the United States by ICE after that conviction. Corvera was indicted this week on one count of “Reentry of Removed Alien Previously Convicted of an Aggravated Felony.” He is accused of being in Berkeley County illegally in April 2022.
Corvera faces up to 20 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Eleanor F. Hurney is prosecuting the case on behalf of the government. The U.S. Immigration and Customs Enforcement and the Berkeley County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Decatur County Man Sentenced for Resisting Arrest by a Federal OfficerRead the Press Release
Jackson, TN- Anthony Ray Phoenix, 37, of Decatur County, has been sentenced to 100 months in federal prison for resisting arrest by a federal officer. Joseph C. Murphy, Jr., United States Attorney, announced the sentence today.
According to information presented in court, in November of 2019, officers from the Tennessee Highway Patrol requested the assistance of the U.S. Marshals Service in locating and apprehending Anthony Ray Phoenix on active warrants for fleeing from patrolmen. Additionally, the Marshals determined Phoenix was wanted for a Tennessee State Probation violation, assault, and battery in Kentucky, resisting arrest in Texas, and a probation violation in Idaho. Phoenix was known to be affiliated with the Aryan Nation Gang as well.
On December 2, 2019, members of the United States Marshals Service Gulf Coast Regional Fugitive Task Force, along with local law enforcement and special agents of the Tennessee Department of Corrections, located Phoenix at a residence in Decatur County, Tennessee. Upon approach, Phoenix was observed in a white Ford Expedition parked outside of the residence.
Phoenix fled from law enforcement officers through the backyard, a barbed-wire fence, and down a road at a high rate of speed before turning around and heading back through the same backyard towards the residence. Phoenix continued traveling at a high rate of speed, through another fence, into the original backyard and directly toward a Deputy U.S. Marshal and a Special Agent with the Tennessee Department of Corrections. With a fence to the Deputies’ right and the residence behind, the Deputy Marshal had no way to escape and in fear for his safety, fired his weapon in the direction of the vehicle.
Phoenix was subsequently taken into custody; all parties were uninjured. While interviewed by the Tennessee Bureau of Investigation special agents, Phoenix admitted knowing law enforcement officers were pursing him, as he attempted to evade arrest.
On January 25, 2022, Phoenix pled guilty.
At sentencing, the Government sought, and the Court found, an increase in sentence because Phoenix created a substantial risk of bodily injury by driving his vehicle towards the Deputy Marshal and the TDOC Special Agent to evade apprehension by fleeing.
On May 9, 2022, Chief United States District Judge S. Thomas Anderson sentenced Phoenix to 100 months incarceration with three years of supervised release to follow. There is no parole in the federal system.
"Law enforcement are public servants that place their lives on the line every day, enforcing laws throughout our communities. Sadly, physical danger is part of what it means to wear a badge. But trying to hurt a Deputy United States Marshal has serious consequences. We are glad our Deputy Marshal wasn’t seriously injured, and this case has concluded," said United States Marshal Tyreece Miller.
This case was investigated by the U.S. Marshals Service, Tennessee Department of Correction, Decatur County Sheriff's Department, and the Tennessee Bureau of Investigation.
Assistant United States Attorney Christie Hopper prosecuted this case on behalf of the government.
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Cleveland Man Sentenced to Prison for Starting Fire in Rebol Restaurant During May 30 Demonstrations and Unrest in Downtown ClevelandRead the Press Release
Acting U.S. Attorney Michelle M. Baeppler announced that Michael Sloan, 27, of Cleveland, was sentenced today by U.S. District Judge J. Philip Calabrese to 43 months, or more than three and a half years, in prison after Sloan pleaded guilty to conspiracy to commit arson during the May 30, 2020, demonstrations and civil unrest in downtown Cleveland.
“Hijacking a constitutionally-protected assembly in order to pursue a personal agenda that included arson and destruction of property is a corruption of our rights and freedoms,” said Acting U.S. Attorney Michelle M. Baeppler. “Those who cause violence, chaos and destruction of property will be held accountable.”
“As Americans, we all have the right to participate in peaceful protests,” stated Travis S. Riddle, Acting Special Agent in Charge of ATF’s Columbus Field Division. “That is not what happened here. The defendant set fire to a business to spread chaos and fear, and he is being held accountable for that violent act upon our community.”
According to court documents, on May 30, 2020, Sloan participated in a demonstration in downtown Cleveland to protest the death of George Floyd in Minneapolis, Minnesota. Later that day, Sloan arrived outside of Rebol restaurant, which had already been damaged and looted. Video recordings taken from that day showed Sloan entering and exiting Rebol restaurant multiple times over the course of twenty minutes and conversing with unknown persons outside of the restaurant. According to court documents, Sloan’s actions in this twenty-minute period included surveying the scene inside Rebol, conspiring to set a fire and actually setting a fire on Rebol’s east service counter.
Video recordings showed Sloan starting and then feeding the fire with napkins, papers and other combustibles. Video also showed Sloan continuing to feed the fire for several minutes until the fire began burning without the need for additional fuel and created a substantial risk of death or serious bodily injury. Cleveland Police arrived several minutes later and extinguished the fire before it could do additional damage. Sloan fled the area on foot.
Investigators later identified Sloan as the subject who caused the fire thanks, in part, to tips received from the public after images and video were released to the media.
This investigation was conducted by the ATF with the assistance of the Cleveland Police Department. This case is being prosecuted by Assistant United States Attorneys Adam J. Joines and Suzana K. Koch.
Career Offender Sentenced to over 10 Years for Possession of Fentanyl with Intent to DistributeRead the Press Release
Memphis, TN – Jerry Moore, 36, has been sentenced to 125 months in federal prison for being a prohibited person in possession of ammunition, and for possession with intent to distribute fentanyl, methamphetamine, cocaine, and marijuana. Joseph C. Murphy, Jr., United States Attorney, announced the sentence today.
According to information presented in court, on August 11, 2020, members of Memphis Police Department Organized Crime Unit conducted a traffic stop of Moore’s vehicle after observing him engaged in a hand to hand drug transaction at a gas station parking lot. A search of the vehicle revealed 78.5 grams of marijuana, 5.6 grams of cocaine, 34.16 grams of methamphetamine, 13.979 grams of fentanyl, and ammunition.
While on release for the above offense, a second traffic stop was conducted of a vehicle in which Moore was the driver. A subsequent search revealed 30.73 grams of methamphetamine, 24.36 grams of marijuana, and 12. 39 grams of fentanyl.
In September 2021, a federal grand jury returned a nine-count indictment against Moore charging violations of possession with intent to distribute and for being a convicted felon in possession of ammunition.
On January 20, 2022, the defendant pled guilty to the nine-count indictment.
On May 13, 2022, United States District Judge Sheryl H. Lipman sentenced Moore to 125 months imprisonment, to be followed by four years supervised release. Moore was determined to be a career offender. Under the Federal Sentencing Guidelines, a defendant who is convicted of a controlled substance offense and has at least two prior felony convictions of either a crime of violence or a controlled substance offense is subject to an enhanced penalty. Prior to the commission of this offense Moore had been convicted
of Robbery and Criminal Attempt Voluntary Manslaughter. There is no parole in the federal system.
This case was investigated by the Memphis Police Department Organized Crime Unit.
Assistant United States Attorney Michelle Kimbril-Parks prosecuted this case on behalf of the government.
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Camden County Man Admits Fentanyl Trafficking and Illegally Possessing FirearmRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man with four prior felony convictions today admitted to possessing with intent to distribute fentanyl and to illegally possessing a firearm, U.S. Attorney Philip R. Sellinger announced.
Tyquan Burrell, 30, of Camden, pleaded guilty by videoconference before U.S. District Judge Robert B. Kugler in Camden federal court to two counts of an indictment charging him with possession with intent to distribute more than 400 grams of fentanyl and illegal possession of a firearm by a convicted felon.
According to documents filed in this case and statements made in court:
On Oct. 1, 2020, law enforcement officers executing a search warrant at Burrell’s residence found 2,521 wax folds and three sandwich-sized clear plastic bags containing more than 300 grams of fentanyl, approximately $34,000 in U.S. currency, and a loaded handgun in a bedroom used by Burrell. That same day, Burrell was arrested in Camden County, New Jersey. A search incident to arrest found him to be in possession of 418 wax folds containing fentanyl.
The possession with intent to distribute fentanyl charge carries a mandatory minimum sentence of 10 years in prison, a maximum potential penalty of life in prison, and a maximum fine of $10 million. The charge of illegally possessing a firearm carries a maximum of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 21, 2022.
This prosecution is part of the Violent Crime Initiative (VCI) in Camden. The Camden VCI was formed in January of 2020 by the U.S. Attorney’s Office for the District of New Jersey, the Camden County Prosecutor’s Office, and the Camden County Police Department for purpose of combatting violent crime in and around the Camden area. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to investigate and prosecute violent offenders who endanger the safety of the community. The VCI includes the U.S. Attorney’s Office, the Camden County Prosecutor’s Office, the Camden County Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA), the U.S. Marshals, The U.S. Probation Office, the Camden County Sheriff’s Office, the New Jersey State Parole Board, the New Jersey State Police, the Rutgers University Police Department, and the Liberty Mid-Atlantic High Intensity Drug Trafficking Area (HIDTA) program.
U.S. Attorney Sellinger credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina; the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; the Camden County Prosecutor’s Office, under the direction of Prosecutor Grace C. MacAulay; the Gloucester Township Police Department, under the direction of Chief David J. Harkins; the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson; and the Winslow Township Police Department under Chief George M. Smith, with the investigation leading to today’s guilty plea. He also thanked the Camden County Sherriff’s Office, under the direction of Sherriff Gilbert L. “Whip” Wilson; special agents of the ATF, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; and officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan, for their assistance with the case.
The government is represented by Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.
Californian charged with smuggling over $114,000 in taxiRead the Press Release
McALLEN, Texas – A 26-year-old woman from California was residing in Atlanta, Georgia, has been indicted for smuggling cash into Mexico from the United States, announced U.S. Attorney Jennifer B. Lowery.
Today, a federal grand jury returned a two-count indictment against Rosa Maria Zuniga-Sagrero. She is expected to appear before U.S. Magistrate Judge Scott Hacker for her arraignment in the near future.
According to the complaint originally filed in the case, Zuniga-Sagrero attempted to pass through a Border Patrol (BP) checkpoint while a passenger in a taxi.
Authorities referred the vehicle to secondary inspection, at which time she allegedly made a negative declaration for having in excess of $10,000. However, A search of Zuniga’s jacket pockets revealed three sealed packages and a total of $114,294 in her purse, according to the charges.
If convicted, Zuniga faces up to five years in federal prison and a possible $250,000 maximum fine.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Eliza Carmen Rodriguez is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
California Man Pleads Guilty in Cocaine ConspiracyRead the Press Release
PITTSBURGH – Michael Wright pleaded guilty to conspiring to distribute cocaine, United States Attorney Cindy K. Chung announced today.
Wright, age 44 of San Diego, California, pled guilty before United States District Judge Marilyn J. Horan. Judge Horan scheduled sentencing to occur on September 7, 2022, at 1:00 p.m.
The law provides for a maximum total sentence of up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Farrell Police Department, the Mercer Police Department, the Federal Bureau of Investigation, and the Pennsylvania Attorney General’s Office led the investigation that resulted in the conviction in this case.
Burien, Washington, seafood broker sentenced for illegally shipping potentially tainted clamsRead the Press Release
Seattle – A Burien, Washington, seafood broker was sentenced today in U.S. District Court in Seattle to 90 days in prison, and three years of supervised release, for smuggling goods from the United States, announced U.S. Attorney Nick Brown. Jeffrey Hallin Olsen, 52, owner of Absolute Seafoods LLC, falsified documents and lied to authorities about disposing of 46 cases of potentially tainted geoduck from Alaska. U.S District Judge John C. Coughenour sentenced Olsen’s company, Absolute Seafoods LLC, to probation and was ordered to pay a $25,000 fine.
“Mr. Olson chose to gamble with the lives of customers across the globe – putting them at risk of shellfish poisoning,” said U.S. Attorney Brown. “We’ll likely never know if any of the Chinese customers became ill from these clams, but a prison sentence is justified by the danger of his conduct and his repeated lies to authorities, claiming he had destroyed the potentially harmful geoduck.”
According to records filed in the case, on February 20 or 21, 2019, Olsen purchased 2,500 pounds of geoduck from various Alaska divers. The geoduck were mixed together in crates for shipping, and were picked up at Sea-Tac Airport, to be trucked to Vancouver B.C and shipped to Hong Kong. Olsen produced a U.S. Department of Commerce Export Health Certificate stating that the geoduck met health requirements.
One day after the purchase, but before the geoduck were exported, one of the divers notified Alaska state officials that he had mistakenly harvested his geoduck from an area that had not been approved for harvest. The area had not been tested for the toxins that cause paralytic shellfish poisoning, which has been a recurring problem in Alaskan waters. An Alaska Wildlife Trooper notified Olsen that he needed to destroy the shipment as it was unsafe to consume. Olsen told the trooper he would destroy the geoduck.
Instead of destroying the geoduck, Olsen illegally shipped most of the geoduck to Hong Kong for human consumption. Olsen shipped an additional 10 cases of potentially tainted geoduck to a buyer in Oakland, California. Olsen prepared false shipping paperwork that falsely identified the contents of the crates as “fresh Yelloweye.”
Olsen falsely told Alaskan officials that he had destroyed the geoduck and provided them with a bill from the King County garbage transfer station as proof the geoduck had been destroyed. However, investigators reviewed surveillance video from the transfer station showing that at the time of the receipt, Olsen only disposed of a small amount of household waste. Investigators also retrieved video showing Olsen personally delivering the crates for shipment to Oakland.
The case was investigated by NOAA Fisheries Enforcement, the Washington Department of Fish and Wildlife Police and the Alaska Department of Public Safety, with assistance from the California Department of Fish and Game, and the Department of Fisheries and Oceans – Canada.
The case was prosecuted by Assistant United States Attorney Seth Wilkinson.
NOAA photo Potentially tainted geoduck NOAA photoBronx Man Involved in Brazen Burglary Ring Sentenced to More Than 7 Years in Federal PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ALEXANDER J. SANTIAGO, 27, of the Bronx, New York, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 90 months of imprisonment, followed by three years of supervised release, for his participation in a brazen burglary ring that resulted in the theft of millions of dollars in vehicles, phones, ATMs and other merchandise from numerous locations in Connecticut, New York and elsewhere.
According to court documents and statements made in court, Santiago was a member of a theft ring that, between June 2020 and January 2021, primarily burglarized car dealerships and mobile phone stores in Connecticut and New York. From dealerships they stole vehicle key fobs and vehicles, and from mobile phone stores they stole cell phones, electronics and other merchandise. Conspiracy members also stole ATMs from check cashing businesses and burglarized video game stores. Santiago and his associates committed more than 180 burglaries and stole more than $4 million in property.
Santiago and his associates often burglarized multiple locations in one night and, on numerous occasions, escaped from police by engaging the police in high-speed chases that had to be terminated for safety reasons. An apparent tally found on Santiago’s phone after his arrest indicated that he had engaged police in 89 chases.
The investigation also revealed that Santiago and some of his associates possessed firearms during the conspiracy.
On January 15, 2021, when investigators sought to conduct a court-authorized search of Santiago’s residence, Santiago’s pit bull attacked an FBI agent and badly wounded his arm. Santiago was arrested, and a search of the residence revealed approximately 20 new cell phones in boxes, approximately 40 vehicle key fobs, a police radio, a glass-punch device, two firearms and a substantial amount of ammunition.
On February 16, 2021, Santiago and three co-conspirators were charged in a 13-count superseding indictment. A fourth co-conspirator was subsequently charged.
Santiago has been detained since his arrest. On February 22, 2022, he pleaded guilty to one count of possession of stolen property.
This investigation is being conducted by the Federal Bureau of Investigation and Connecticut State Police, with the assistance of approximately 30 local police departments. The case is being prosecuted by Assistant U.S. Attorneys Robert S. Ruff and Ray Miller.
Boston Man Sentenced for Passport FraudRead the Press Release
BOSTON – A Boston man was sentenced today for passport fraud.
Gustavo Vallejo, 47, a Dominican national living in Boston, was sentenced by U.S. District Court Judge Patti B. Saris to one year of probation with two months of home confinement. On Feb. 2, 2022, Vallejo pleaded guilty to making false statements in a United States passport application.
In July 2011, Vallejo allegedly submitted an application for a U.S. Passport using the personal identifying information of a United States citizen.
United States Attorney Rachael S. Rollins and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Secret Service, Boston Field Office made the announcement. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit prosecuted the case.
Boise Man Sentenced to over 6 Years for Transporting Women for Prostitution and Money LaunderingRead the Press Release
BOISE – A Boise man was sentenced to 77 months in federal prison for transporting women for prostitution and money laundering.
According to court records, between July 2019 and June 2021, Dannie Carr, 37, of Boise, Idaho, was the manager of a businessengaged in the interstate prostitution of two women, primarily between Idaho and Washington. Carr coerced the women to engage and remain in the prostitution business by perpetrating domestic violence upon them. Carr recruited customers for the women by placing online advertisements for sexual services and reserved hotel rooms for the women to meet customers. Between January 2019 and May 2021, Carr made, or caused the victims to make, 480 hotel reservations in Washington, California, Oregon, Utah, Arizona, and Nevada, for the victims to provide sexual services.
As part of Carr’s business, the women received proceeds from sexual services through an online payment service, and then transferred the proceeds to Carr. The online transactions contained false notations that were designed to conceal the nature and source of the proceeds. In total, Carr laundered between $250,000 and $550,000 in proceeds from his prostitution business. Law enforcement determined that Carr used some of the laundered proceeds to purchase jewelry. Law enforcement later seized the jewelry from Carr’s Boise residence. Carr did not report the income he made from the prostitution business to the Internal Revenue Service and failed to file tax returns for the 2018 through 2020 tax years.
“We are proud of the partnership between federal, state, and local law enforcement that led to this important prosecution,” said U.S. Attorney Rafael M. Gonzalez, Jr. “We will spare no effort to investigate and hold accountable anyone who would seek to profit through abuse and exploitation of another.”
Chief U.S. District Judge David C. Nye also ordered Carr to serve 5 years of supervised release following his prison sentence and to forfeit the jewelry that was purchased with illegal proceeds.
“Human trafficking is a real and growing threat across the Pacific Northwest. Those engaged in this type of crime will find the same fate as Mr. Carr,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “We are thankful for our partnerships across the region both with law enforcement and the community which facilitate the rescue of the victims of human trafficking as well as the prosecution of those responsible.”
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of Homeland Security Investigations, Internal Revenue Service - Criminal Investigation, Department of Homeland Security – Center for Countering Human Trafficking, United States Customs Border Protection – National Targeting and Tactical Center, Transportation Security Administration, United States Postal Inspection Service, Idaho State Police – Idaho Criminal Intelligence Center, Ada County Sheriff’s Office, Port of Seattle Police Department, and Bellevue Police Department (Washington), which led to charges.
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Birmingham Man Sentenced to 9 Years for Gulf Shores ArsonRead the Press Release
MOBILE, AL – United States District Judge Terry F. Moorer has sentenced Cameron Dashawn Ford, of Birmingham, Alabama, to 108 months’ imprisonment on federal arson charges.
According to court documents filed in connection with his guilty plea, in June of 2021, Ford started a fire in an act of revenge against his then-girlfriend at the Lighthouse Condominium complex in Gulf Shores, Alabama. The condominium complex was occupied by guests at the time, and the act of arson was extremely dangerous to the community. As part of his guilty plea, Ford admitted that he had live-streamed himself setting the fire on social media.“Thanks to the quick work of the Gulf Shores Fire Department, the damage from Ford’s crime was limited,” said United States Attorney Sean P. Costello. “Working with our partners at ATF, we will continue to aggressively investigate and prosecute anyone who endangers our community in this manner.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives works collaboratively with our state, local and federal partners to investigate fires and crimes of arson. These violent acts needlessly jeopardize the safety and security of our community,” said ATF Special Agent in Charge Mickey French. “We will always be persistent in our efforts to pursue those individuals who recklessly perform acts that exhibit lack of self-control and total disregard for human life.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Gulf Shores Fire Department investigated the case.
Assistant U.S. Attorney Kasee Heisterhagen prosecuted the case on behalf of the United States.
Baker Woman Charged in Federal Court with Aiding and Assisting in the Preparation and Presentation of False and Fraudulent Tax ReturnsRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that a federal grand jury has returned an eleven-count indictment charging Bridget Rogers White, age 47, of Baker, Louisiana, with aiding and assisting in the preparation of false tax returns for herself and others.
The indictment alleges that White operated an income tax preparation business out of her Baker residence from at least January of 2015 through June of 2018. Through that business, White routinely prepared false and fraudulent tax returns for herself and others. On numerous occasions, from 2016 to 2018, White allegedly aided and assisted in the preparation of false returns that included fictitious businesses, business expenses, and education credits, among other false items.
This matter is being investigated by the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Caroline Gardner.
NOTE: An indictment is an accusation by a grand jury. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
16 May 2022
Woman Pleads Guilty to Role in Fentanyl, Heroin, Crack and Cocaine ConspiracyRead the Press Release
BOSTON – A woman pleaded guilty today in federal court in Worcester to her role in a wide-ranging fentanyl, heroin, cocaine and crack cocaine trafficking conspiracy.
Jessica Hughes, of Orange, pleaded guilty to conspiracy to distribute and possession with intent to distribute fentanyl, heroin, cocaine and cocaine base (crack cocaine). U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Oct. 6, 2022. Hughes was charged along with 17 others in July 2020.
According to court documents, following a fatal fentanyl overdose in September 2018, law enforcement began an investigation into a drug trafficking organization (DTO) in the Fitchburg area led by co-conspirators Pedro Baez and Anthony Baez. Beginning in July 2019, intercepted electronic communications revealed that Pedro and Anthony Baez worked together and with others to distribute a fentanyl and heroin mixture and crack cocaine on a regular basis to individuals in the Fitchburg area who then redistributed that mixture to others. Hughes was a regular drug customer of the DTO and routinely purchased both a fentanyl/heroin mixture and crack cocaine from Pedro Baez.
Over the course of the investigation, agents seized over 1.8 kilograms of a heroin and fentanyl mixture, over 3.6 kilograms of cocaine and over 50 grams of crack cocaine, as well as a stolen, loaded handgun, drug manufacturing equipment and over $376,000.
Hughes is the 13th defendant to plead guilty in the case. In December 2020, Anthony Baez was sentenced by Judge Hillman to 13 years in prison. Co-defendants Pedro Baez, Amanda Ford, Monica Troche, Branny Taveras, Shastaalena Blair, Valerie Lucier, Pablo Vidarte Hernandez, Kevin Martinez, Ricky Figueroa, Hector Matos and Rafael Hidalgo Rodriguez have also pleaded guilty to their roles in the conspiracy.
The charge of conspiracy to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base, and 500 grams or more of cocaine provides for a sentence of up to life in prison, a term of supervised release of up to life and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police, made the announcement today. The Fitchburg and Lunenburg Police Departments, U.S. Postal Inspection Service and Massachusetts State Police provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
The operation was conducted is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Wolf Point meth dealer sentenced to five years in prison for trafficking drugs on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A Wolf Point woman who admitted to trafficking methamphetamine in the community and around the Fort Peck Indian Reservation was sentenced today to five years in prison, to be followed by four years of supervised release, U.S. Attorney Leif M. Johnson said.
Marlina Nannett Martinez, 24, pleaded guilty in January to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
Court documents filed by the government alleged that Martinez distributed meth and fentanyl pills. When law enforcement searched her residence in October 2020, they found an out-of-state fentanyl supplier, approximately 15 grams of meth that Martinez tried to conceal, a rifle, and fentanyl pills sitting in the open on a table. There was a young child in the residence. Individuals reported to law enforcement in interviews that they had bought illegal pills and meth from Martinez.
Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the FBI, Bureau of Indian Affairs, Fort Peck Law Enforcement Services and Roosevelt County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Wasilla Man Sentenced for Killing Harbor SealRead the Press Release
ANCHORAGE – A Wasilla man was sentenced by U.S. Magistrate Judge Kyle F. Reardon to two years of probation, 100 hours of community service, a hunting restriction, abandonment of his interest in a firearm and a $1,500 fine after pleading guilty to violating the Marine Mammal Protection Act.
According to court documents, Paul Gil, 41, shot at and killed a harbor seal using an AR15-style firearm in the waters of Prince William Sound in October 2017. He then transported the dead seal to his residence where he was photographed skinning the seal. A National Oceanic and Atmospheric Administration (NOAA) biologist identified the animal in the photograph as a harbor seal which is a marine mammal protected under the Marine Mammal Protection Act. NOAA confirmed that Gil was not authorized to take a marine mammal.
“We are committed to protecting Alaska’s unique and highly vulnerable marine mammal species from illegal takes and exploitation,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “The senseless killing of protected species, such as the harbor seal, impacts the viability of its population. Together with our law enforcement partners, we will continue to investigate and prosecute these cases so future generations can see and experience these animals in their natural habitat.”
“Harbor seals are an important part of Alaska’s marine ecosystem,” said Jon Kurland, Alaska Regional Administrator for NOAA Fisheries. “Shooting seals is prohibited by federal law unless specifically authorized or exempted under the Marine Mammal Protection Act, such as the exemption for non-wasteful subsistence use by Alaska Natives. This case was a collaborative effort between the NOAA Office of Law Enforcement, the Alaska Wildlife Troopers, and the National Park Service. I would like to thank our agents and officers and our partner agencies for their contributions to this important case.”
NOAA Office of Law Enforcement investigated the case.
Assistant U.S. Attorney Charisse Arce and Special Assistant U.S. Attorney Andrea Hattan, NOAA Office of General Counsel, prosecuted the case.
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Washington, D.C. Man Pleads Guilty to Federal Charges for Committing an Armed Robbery and Two Armed CarjackingsRead the Press Release
Greenbelt, Maryland – Rashaun Onley, age 22, of Washington, D.C., pleaded guilty today to federal charges of committing an armed commercial robbery, carjacking, and using, carrying, and brandishing a firearm during and in relation to a crime of violence.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Robert J. Contee III of the Metropolitan Police Department; Chief Marcus Jones of the Montgomery County Police Department; Chief Malik Aziz of the Prince George’s County Police Department; Chief Don Hayes of the City of Alexandria, Virginia Police Department; Chief Charles “Andy” Penn of the Arlington County, Virginia Police Department; and Montgomery County State’s Attorney John McCarthy; and Prince George’s County State’s Attorney Aisha Braveboy.
According to his guilty plea, in the early morning of February 5, 2021, Onley and a co-defendant entered a convenience store in Silver Spring, Maryland, selected some items from the shelves, and approached the counter. Onley grabbed a convenience store employee, Victim 1, by the shirt, struck Victim 1 in the head, led Victim 1 behind the counter, and forced Victim 1 to his knees. Onley then brandished a black semiautomatic handgun and ordered Victim 1 and Victim 2, another employee, to open the cash register. Victim 2 opened the cash register and Onley and the co-defendant removed the cash from the register and fled. Officers with the Montgomery County Police Department (“MCPD”) recovered video surveillance footage showed Onley and his co-defendant committing the robbery.
Also on February 5, 2021, at approximately 4:57 p.m., in Alexandria, Virginia, three men carjacked at gunpoint a dark gray Volkswagen Tiguan with Pennsylvania registration plates (“Volkswagen”). Victim 3, the driver, reported that he had just parked his vehicle when one suspect told Victim 3 to get out of the vehicle, while a second suspect pointed a black handgun at Victim 3. Victim 3 began to get out of the car but was grabbed by a suspect and pulled away from the vehicle. All three suspects fled in the Volkswagen. Victim 3 reported that his iPhone was still inside the vehicle.
As detailed in Onley’s plea agreement, a little more than one hour later, Onley, his co-defendant, and Co-Conspirator 1 carjacked at gunpoint Victim 4, who was driving a Lexus ES300 (“Lexus”) in Silver Spring. Onley approached Victim 4 first with a gun in his hand and stated, “I’m gonna blow you up, give me your money and keys.” Onley’s co-defendant, who also was armed with a gun, approached Victim 4 and demanded his car keys. Co-Conspirator 1 was driving the Volkswagen. Fearing for his life, Victim 4 handed over his property. Onley’s co-defendant drove the Lexus away, while Onley got into the front passenger seat of the Volkswagen and fled the scene. A short time later the Lexus was located abandoned nearby.
According to the plea agreement, approximately two minutes after the carjacking of the Lexus, Onley and the co-defendant approached Victim 5, who was sitting in a Mercedes ML350 sport utility vehicle (“Mercedes”). Onley ordered Victim 5 to “get out” while he pointed a gun at her. Victim 5 exited in fear for her life, while Onley and his co-defendant took Victim 5’s vehicle and fled the scene. MCPD officers interviewed Victim 5 and obtained surveillance footage relating to the carjacking.
Less than 30 minutes later, Onley and his co-defendant were seen arriving in the Volkswagen on surveillance video capturing the outside of the co-defendant’s residence, an apartment building located in Washington, D.C. They both were wearing the same clothing visible in the surveillance videos of the Silver Spring carjacking of the Mercedes and in the robbery of the convenience store. A short time later, Onley exited the building and stood on the front porch, where he removed a mobile phone from his pocket, smashed the phone on the concrete porch, and threw the phone in the front dirt or lawn area of the building. Law enforcement recovered the smashed phone two days later and confirmed that it was the iPhone belonging to Victim 3 that was left inside of the Volkswagen.
Later that evening, the carjacked Mercedes parked in front of the Volkswagen. Onley and his co-defendant came out of the apartment building, went to the driver’s side of the Mercedes, and spoke with the three occupants of the vehicle. After a few minutes, the three occupants exited the Mercedes, got into the Volkswagen, and drove away. Onley and his co-defendant went back into the apartment building.
That same evening, officers with the Metropolitan Police Department (“MPD”) saw the carjacked Volkswagen traveling in Washington D.C. After a pursuit, the occupants of the Volkswagen, including Co-Conspirator 1, bailed out of the vehicle. MPD located and arrested Co-Conspirator 1. The Maryland license plate from the carjacked Mercedes was also located a short distance away.
On February 17, 2021, the Mercedes was recovered from the street in front of the co-defendant’s apartment building.
Late in the evening of February 26, 2021, the co-defendant and Onley were ‘livestreaming’ and posting on social media about being at a hotel party in Arlington, Virginia. Law enforcement established surveillance on Onley and his co-defendant at the hotel and continued to monitor the co-defendant’s social media account, where they were able to see semiautomatic handguns in the hotel room. MCPD officers apprehended Onley and the co-defendant in the hotel room. Prior to being apprehended, the co-defendant threw a bag from the hotel room window, which law enforcement promptly recovered. The contents of the bag included two loaded firearms and 21 rounds of .40 caliber ammunition.
Onley and the government have agreed that, if the Court accepts the plea agreement, Onley will be sentenced to between 12 years and 16 years in federal prison. U.S. District Judge George J. Hazel has scheduled sentencing for August 19, 2022 at 10:00 a.m. Onley has been detained since his arrest.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the FBI, the Metropolitan Police Department, the Montgomery County Police Department, the Prince George’s County Police Department, the City of Alexandria Police Department and the Arlington County, Virginia Police Department for their work in the investigation and thanked the Montgomery County State’s Attorney’s Office and the Prince George’s County State’s Attorney’s Office for their assistance. Mr. Barron thanked Assistant U.S. Attorney Timothy F. Hagan, 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 https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Washington Man Sentenced to 33 Months in Prison and Ordered to Pay $3.2 Million Dollars for Kickback SchemeRead the Press Release
SALT LAKE CITY – Nan Ma, 39, of Washington, Utah, was sentenced by a U.S. District Court Judge in St. George, Utah, to serve 33 months in federal prison for failing to file financial reports with the United States Treasury after bringing currency in excess of $10,000 back into the United States from China. Ma was also ordered to pay $2,563,337 million dollars in restitution to Sound Vision Technology (“SVT”), which is a high-end audio business in Hurricane, Utah, and ordered to pay $777,879 dollars in restitution to the IRS for outstanding federal tax obligations.
Ma was accused by federal prosecutors of using his position and authority as the officer in charge of production at SVT to solicit and obtain kickbacks for his personal benefit from Chinese companies. In exchange for the kickbacks, Ma was alleged to have awarded lucrative contracts to these companies to manufacture and sell products to his employer. Over the course of his scheme, Ma caused SVT to overpay for its products by approximately $2,563,337.09.
Ma, who is a Chinese citizen with legal permanent resident status in the U.S., took this money for himself and purchased a series of larger and larger homes, expensive vehicles, and townhomes in the St. George area. He also had significant amounts of cash tucked away in various bank accounts. These assets have been forfeited and it is anticipated that the proceeds from the forfeiture will be applied to pay restitution to SVT.
Ma concealed the source of the funds he was getting through the alleged kickbacks by making false representations to his employer about the origin of his new-found wealth.
In the plea agreement, Ma agreed to forfeit any ill-gotten gains, and admitted that in September of 2019, he travelled to China and obtained Chinese Yuen currency worth $47,934 in U.S. Dollars and that he brought this money from China into the United States without filing a report with the United States Treasury. In so doing, Ma violated a federal law requiring that anyone who brings more than $10,000 of foreign currency into the U.S. to file a report with the U.S. Treasury.
Assistant U.S. Attorney Tyler Murray from the U.S. Attorney’s Office for the District of Utah prosecuted the case. Special agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and IRS-Criminal Investigation investigated the case.
Washington County Man Charged with Possession of Child Sexual Abuse MaterialsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Connor Frazier, 34, of Barre, Vermont was arraigned today on an indictment that alleges Frazier unlawfully possessed child sexual abuse materials, also known as child pornography, on or about July 1, 2021. At today’s hearing, United States Magistrate Judge Kevin J. Doyle ordered Frazier to be released on conditions of pretrial supervision pending trial.
The federal case arises from the same circumstances underlying a pending state criminal case against Frazier that was filed in Vermont Superior Court, Washington Unit, in July 2021.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Frazier will be presumed innocent until and unless he is convicted of a crime. If convicted, Frazier would face a minimum sentence of 10 years and a maximum sentence of 20 years of imprisonment for unlawfully possessing child sexual abuse materials. Any sentence ultimately imposed would be advised by the United States Sentencing Guidelines and statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations.
The prosecutor in the federal case is Assistant United States Attorney Matthew Lasher. Frazier is represented by the Office of the Federal Public Defender for the District of Vermont.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
United States Marshals Service “Operation Washout” Nets 152 Arrests and 62 Firearms SeizedRead the Press Release
EAST ST. LOUIS, Ill. – After a final arrest last weekend, federal authorities are releasing the results of a month long, large scale, multi-agency, law enforcement operation led by the U.S.
Marshals Service, Great Lakes Regional Fugitive Task Force, operating primarily throughout March
2022. The operation resulted in more than 150 arrests, including three individuals being charged with homicide in St. Clair County in connection with one of the firearms seized.Multiple federal, state, and local law enforcement agencies worked countless hours concentrating their efforts on known gang members, wanted subjects, and other known violent offenders. Operation Washout (OWO) is a United States Marshals initiative deployed to local areas to bring immediate relief from violent, gang related crime. The goal is to foster safer communities by investigating and arresting fugitives and members of criminal organizations responsible for committing violent crimes.
The detail yielded 153 arrests with 55 of those subjects being identified as gang members. Also seized were 62 firearms, $42,974 in U.S. Currency, two vehicles, and 26.9 kilograms of narcotics.
Enforcement operations were focused on Madison and St. Clair counties, in addition to the Centralia region.“Federal law enforcement is at its best when coordinating our resources to focus on those who present the biggest threat to public safety,” said United States Attorney Steven D. Weinhoeft. “I credit the U.S. Marshals Service for their excellent work. They perform an incredibly valuable service to the community by searching for and apprehending the most violent offenders in the most dangerous areas.”
“This operation is a great example of our local, state, and federal law enforcement partners working together to have a significant impact on reducing violent crime in our communities,” said
Jeremy Wyatt, Acting United States Marshal. “Thank you to all of the law enforcement officers that participated in this operation and put it on the line every day to ensure a safer community for everyone.”
Participating agencies included U.S. Marshals Service, Great Lakes Regional Fugitive Task Force, The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Federal Bureau of Investigation, Springfield Field Office, Safe Streets Task Force, U.S. Department of Homeland
Security Investigations (HSI), Illinois State Police, Illinois Department of Corrections – Parole
(IDOC), St. Clair County Drug Tactical Unit (DTU), St. Clair County Probation, Granite City Police
Department, Alton Police Department, Belleville Police Department, Centralia Police
Department, St. Clair, Madison, Jefferson, Effingham, Marion, and Clinton County
Sheriff’s Departments.U.S. Attorney Zachary A. Myers Honors and Remembers Fallen Law Enforcement Officers During National Police WeekRead the Press Release
INDIANAPOLIS – In honor of National Police Week, U.S. Attorney Zachary A. Myers recognizes the service and sacrifice of federal, state, local, and tribal law enforcement officers who made the ultimate sacrifice, as well as the family members, friends, and fellow officers they left behind.
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, May 15, honors law enforcement officers killed or disabled in the line of duty. According to National Law Enforcement Officer Memorial Fund, in 2021, 472 U.S. law enforcement officers died in the line of duty, including 319 who succumbed to COVID-19.
In 2021, the following six officers died in the line of duty in the Southern District of Indiana, and their names were read and added to the wall at the National Law Enforcement Officer Memorial on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C.
- Gregory J. Ferency, FBI Task Force Officer and Terre Haute Police Detective
- James A. Driver, Monroe County Sheriff’s Office
- Anthony W. Hinshaw, Losantville Town Marshal
- James R. Hirtzel, Jackson County Sheriff’s Office
- Robert W. Nicholson, Clark County Sheriff’s Office
- John D. Starks, Clark County Sheriff’s Office
“We honor those law enforcement officers who gave their lives in service of their communities and our thoughts are with their families,” said U.S. Attorney Zachary A. Myers. “We must never lose sight of the danger and difficulties that law enforcement officers face on our behalf. Without them, we cannot protect the public and maintain the rule of law. We are forever grateful for their service and sacrifice.”
Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year. In 2021, unprovoked attacks were the cause of 24 deaths, significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
U.S. Attorney Trina A. Higgins Recognizes Police Week in the District of UtahRead the Press Release
SALT LAKE CITY— In honor of National Police Week, United States Attorney Trina A. Higgins recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.
“This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country,” said Attorney General Merrick B. Garland. “We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community.”
“During National Police Week, we pay tribute to the bravery and selflessness displayed by law enforcement officers who sacrificed their lives serving our country and our communities,” said United States Attorney Trina A. Higgins. “We honor the memory of these brave officers, and the service of all law enforcement officers, by continuing to uphold the laws of the United States in a fair and impartial manner. On behalf of the United States Attorney’s Office for the District of Utah, I am honored to extend my gratitude to all law enforcement officers for their service to our country.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 472 law enforcement officers died nationwide in the line of duty in 2021. Of that number, 319 succumbed to COVID-19.
Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year. In 2021, unprovoked attacks[1] were the cause of 24 deaths significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
The names of the 619 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.
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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.
[1] An unprovoked attack is defined as an attack on an officer not prompted by official contact at the time of the incident between the officer and the offender. Source: Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program.