title: Three Indicted for Forced Labor and One Charged with Labor Trafficking at Woburn Restaurants

body_text: BOSTON – A father and son who own two Woburn restaurants, Taste of Brazil—Tudo Na Brasa and The Dog House Bar and Grill, along with their relative who lives in Brazil, have been charged with conspiring to obtain labor and services from migrants whom they smuggled into the United States from Brazil through threats of serious harm. Jesse James Moraes, 65, and Hugo Giovanni Moraes, 43, both of Woburn; and Chelbe Willams Moraes, 62—the brother of Jesse Moraes and uncle of Hugo Moraes—of Minas Gerais, Brazil were charged in a superseding indictment with forced labor conspiracy; Jesse Moraes and Hugo Moraes were charged with forced labor and attempted forced labor; and Jesse Moraes was charged with labor trafficking and attempted labor trafficking and money laundering conspiracy. Jesse Moraes, Hugo Moraes and Chelbe Moraes were previously charged with encouraging and inducing, and conspiring to encourage and induce, an alien to come to, enter and reside in the United States for the purpose of commercial advantage or private financial gain, knowing and in reckless disregard of the fact that such coming to, entry, and residence is or will be in violation of law. Chelbe Moraes also faces additional charges of money laundering conspiracy and money laundering with intent to promote the smuggling operation and conceal the source of smuggling proceeds. “This case is another stark example of the human trafficking that’s happening every single day in our country and our Commonwealth and the heinous lengths some employers go to in the pursuit of profit,” said United States Attorney Rachael S. Rollins. “It is alleged that these defendants conspired to take advantage of the American dream. Individuals seeking to come to the United States for a better life to benefit themselves and their families were allegedly taken advantage of and deceived. We allege that these defendants endangered the victims they smuggled and compelled them to work through threats of violence and other serious harm. Additionally, Chelbe Moraes allegedly provided false documents to help migrants enter the United States and claim asylum. This hurts the overwhelming majority of people who abide by our immigration laws, especially those seeking refuge out of fear of persecution in their home country. The victims in this case are real people with families who have taken on immeasurable risk to come to the United States, only to be met with threats of violence and oppression. Such conduct will not be tolerated in our Commonwealth.” “Labor traffickers treat humans like commodities, profiting from the mistreatment of their workforce and using force, fraud, or coercion to push people to work and make it difficult or impossible to leave. Today’s superseding indictment alleges that Moraes and his conspirators smuggled individuals into the United States, charging them tens of thousands of dollars only to withhold wages to ostensibly pay back their smuggling debt,” said Michael J. Krol, Acting Special Agent in Charge for Homeland Security Investigations in New England. “Homeland Security Investigations is proud to work every day with our partners to investigate and seek justice for survivors of human trafficking.” “An important part of the mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of labor trafficking involving the use of coercion or force. We will continue to work with our law enforcement partners to investigate these types of allegations,” said Jonathan Mellone, Special Agent in Charge of the Department of Labor, Office of Inspector General. According to the charging documents, Chelbe Moraes and his co-conspirators targeted and smuggled migrants from Brazil into the United States for a fee of approximately $18,000 – 22,000. Once the migrants were in the United States, Jesse Moraes and Hugo Moraes allegedly targeted and recruited migrants to work in their restaurants in Woburn by promising them good jobs and a better life than they had in Brazil and arranging for the victims to rent or share the rental of one or more apartments owned or controlled by the defendants. It is alleged that Jesse Moraes and Hugo Moraes withheld wages from the victims in order to pay off their smuggling debts and forced the victims to work long hours, often performing difficult manual labor, while subjecting the victims to threats of serious harm – including financial harm, violence and deportation to prevent them from quitting and demanding better pay and working conditions. It is further alleged that Chelbe Moraes, Jesse Moraes and Hugo Moraes gave or offered to give fake documentation to the victims in order to support asylum claims or false claims of work authorization. Members of the public who believe they may be victims of the alleged crimes, or have information or questions about this case, are encouraged to call 888-221-6023, Option 5 or send an email with contact information to USAMA.VictimAssistance@usdoj.gov. The charges of forced labor, attempted forced labor, and forced labor conspiracy provide for a sentence of up to 20 years in prison, up to five years of supervised release and a fine of up to $250,000. The charge of labor trafficking and attempted labor trafficking provides for a sentence of up to 20 years in prison, up to five years of supervised release and a fine of up to $250,000. The charge of encouraging and inducing, and conspiring to encourage and induce, an alien to come to, enter, and reside in the United States for financial gain, knowing and in reckless disregard of the fact that such coming to, entry, and residence is or will be in violation of law provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. The charges of money laundering and money laundering conspiracy provide for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the amount involved in the transaction, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case. U.S. Attorney Rollins; HSI Acting SAC Krol; DOL-OIG SAC Mellone; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Woburn Police Chief Robert F. Rufo, Jr., made the announcement today. Valuable assistance in the investigation was provided by the Norwood Police Department. Assistant U.S. Attorneys James D. Herbert, Kelly Lawrence and Samuel R. Feldman of Rollins’ Criminal Division are prosecuting the case. The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.


title: Man Sentenced to 14 Years for Distributing Methamphetamine that Caused Death of Iowa Woman

component: USAO - Iowa, Northern

body_text: A man who distributed methamphetamine to a woman, which resulted in her death, was sentenced today to serve 14 years in federal prison. Eric A. Young, age 43, from St. Ansgar, Iowa, was convicted of distribution of methamphetamine. At the plea hearing, Young admitted that he provided methamphetamine to a woman from Nashua, Iowa, on the night of her death. Young admitted to selling the methamphetamine to the woman in exchange for $90. He further admitted that he was present when the woman became unresponsive after taking the methamphetamine. The woman was later pronounced dead at the scene. During the sentencing hearing, the judge indicated that the woman died as a result of a methamphetamine overdose. Sentencing was held before United States District Court Judge C.J. Williams. Young was sentenced to serve 168 months’ imprisonment and must serve a three‑year term of supervised release following his term of incarceration. There is no parole in the federal system. Young remains in the custody of the United States Marshal until he is transported to federal prison. This case was investigated by the Iowa Division of Criminal Investigation and is being prosecuted by Assistant United States Attorney Jason Dorval Norwood. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl . The case file number is 22-CR-2024-CJW. Follow us on Twitter @USAO_NDIA.


title: Danville, Illinois, Man Charged with Carjacking Resulting in Death and Murder

component: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

body_text: URBANA, Ill. – A grand jury today returned a superseding indictment charging Kevin Marshall, 32, of Danville, Illinois, with allegedly carjacking and murdering Daniel Walter, a 28-year-old man from Williamsport, Indiana, on or about April 25, 2020. The superseding indictment also charges Marshall with allegedly possessing firearms as a felon, as well as possessing methamphetamine with the intent to distribute and carrying firearms during and in relation to the methamphetamine trafficking. The superseding indictment alleges that Marshall illegally possessed three firearms as a felon – a Taurus 9mm handgun, a Colt .45 caliber handgun, and a Phoenix Arms .22LR caliber handgun – between April 14, 2020, and August 18, 2020. The superseding indictment further alleges that Marshall used the Taurus 9mm handgun to murder Walter on or about April 25, 2020, during a carjacking where Marshall took Walter’s 2005 Ford F-150. Marshall is also charged with allegedly possessing more than 50 grams of methamphetamine with the intent to distribute between July 24, 2020, and August 18, 2020, and with carrying the Taurus 9mm and Colt .45 caliber firearms during and in relation to the methamphetamine trafficking. The superseding indictment includes special findings by the grand jury alleging that Marshall has a prior state conviction for second-degree murder that involved his use of a firearm against another person, and that Marshall allegedly committed the carjacking and murder of Walter after substantial planning and premeditation and in the expectation of obtaining items of pecuniary value. Marshall was previously arrested in Danville on August 18, 2020, and was charged in the United States District Court for the Central District of Illinois with the possession of firearms by a felon on August 3, 2021. Marshall has remained in pretrial detention since that time. If convicted, the maximum statutory penalties for the charges of carjacking resulting in death and murder using a firearm during and in relation to the carjacking are up to life imprisonment or the death penalty. Agencies participating in the investigation include the Danville Police Department; the Federal Bureau of Investigation, Springfield Field Office; the Illinois State Police; the U.S. Marshals Service; the Vermilion County Sheriff’s Office; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Bryan D. Freres and Eugene L. Miller are representing the government in the prosecution in coordination and cooperation with Vermilion County State’s Attorney Jacqueline Lacy. Members of the public are reminded that a superseding indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.


title: Indiana Man Sentenced for Attempting to Transport Aliens

component: USAO - New York, Northern

body_text: ALBANY, NEW YORK – Jose Manuel Mejias-Ayala, age 46, of Washington, Indiana, was sentenced today to time served (five days in jail) and to pay a $2,000 fine for attempting to unlawfully transport aliens. United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector made the announcement. As part of his guilty plea on December 2, 2022, Mejias-Ayala admitted that on September 25, 2022 he drove his SUV from Indiana to Mooers, New York, to pick up three Mexican citizens who had recently illegally crossed the international border from Canada into the United States. Mejias-Ayala also admitted that he planned to drive the three people to Chicago, Illinois, and that he was to be paid $6,000 for his efforts. United States District Judge Mae A. D’Agostino also imposed a 1-year term of supervised release. The United States Border Patrol investigated the case. Assistant U.S. Attorney Rick Belliss prosecuted the case.


title: Western Massachusetts Man Pleads Guilty to Attempted Enticement of a Minor

body_text: ALBANY, NEW YORK – James Macko, age 23, of North Adams, Massachusetts, pled guilty today to one count of attempted coercion and enticement of a minor. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement. Macko admitted that between November 16, 2022 and December 9, 2022, he exchanged text messages with an undercover officer posing as an 11-year-old child, in which he attempted to coerce and entice the assumed child into sexual contact with him. Macko arranged to meet the child in a state park in Western Massachusetts, where he intended to perform sexual acts on the child in a cave. On December 9, 2022, Macko left his home in North Adams in order to meet the child and was arrested shortly thereafter, carrying with him candy, liquor, and a length of rope. United States District Judge Anne M. Nardacci will sentence Macko on July 28, 2023 . Macko faces at least 10 years and up to life in prison, a maximum fine of $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and the New York State Police. Assistant United States Attorney Benjamin S. Clark is prosecuting the case as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc .


title: Former Start-Up CEO Charged In $175 Million Fraud

component: USAO - New York, Southern

body_text: Damian Williams, the United States Attorney for the Southern District of New York, and Patricia Tarasca, the Special Agent in Charge of the New York Regional Office of the Federal Deposit Insurance Corporation’s Office of the Inspector General (“FDIC-OIG”), announced the unsealing of a criminal Complaint charging CHARLIE JAVICE with falsely and dramatically inflating the number of customers of her company, Frank, in order to fraudulently induce J.P. Morgan Chase (“JPMC”) to acquire Frank for $175 million. JAVICE, who appeared on the Forbes 2019 “30 Under 30” list, stood to gain over $45 million from the fraud. JAVICE was arrested last night in New Jersey and will be presented later today before U.S. Magistrate Judge Barbara Moses. U.S. Attorney Damian Williams said: “As alleged, Javice engaged in a brazen scheme to defraud JPMC in the course of a $175 million acquisition deal. She lied directly to JPMC and fabricated data to support those lies — all in order to make over $45 million from the sale of her company. This arrest should warn entrepreneurs who lie to advance their businesses that their lies will catch up to them, and this Office will hold them accountable for putting their greed above the law.” FDIC-OIG Special Agent in Charge Patricia Tarasca said: “The allegations described in today’s criminal Complaint exemplify the many ways banks can be defrauded. The FDIC-OIG remains committed to holding individuals accountable who threaten the integrity of financial institutions, and we thank our law enforcement partners for their diligence and dedication to investigating such crimes.” According to the Complaint unsealed today in Manhattan federal court: [1] In or about 2017, JAVICE founded TAPD, Inc., d/b/a Frank (“Frank”), a for-profit company that offered an online platform designed to simplify the process of filling out the Free Application for Federal Student Aid (“FAFSA”). FAFSA is a federal government form, available free of charge, that students use to apply for financial aid for college or graduate school. JAVICE was Frank’s CEO. In or about 2021, JAVICE began to pursue the sale of Frank to a larger financial institution. Two major banks, one of which was JPMC, expressed interest and began acquisition processes with Frank. JAVICE represented repeatedly to those banks that Frank had 4.25 million customers or “users.” JAVICE explicitly defined “users” — to both banks — as individuals who had signed up for an account with Frank and for whom Frank therefore had at least four identified categories of data ( i.e. , first name, last name, email address, and phone number). In fact, Frank had less than 300,000 users. When JPMC sought to verify the number of Frank’s users and the amount of data collected about them — information that was critical to JPMC’s decision to move forward with the acquisition process — JAVICE fabricated a data set. To do this, JAVICE and a co-conspirator (“CC-1”) first asked Frank’s director of engineering to create an artificially generated data set (a so-called synthetic data set). The director of engineering raised concerns about the legality of the request, to which JAVICE responded, in substance and in part, “We don’t want to end up in orange jumpsuits.” The director of engineering declined the request. JAVICE then approached an outside data scientist and hired him to create the synthetic data set. After the data set was created, JAVICE provided that synthetic data set to an agreed-upon third-party vendor in an effort to confirm to JPMC that the data set had over 4.25 million rows. JAVICE then caused the third-party vendor to convey to JPMC that the data set had over 4.25 million rows, consistent with JAVICE’s misrepresentations that Frank had 4.25 million users. In reliance on JAVICE’s fraudulent representations about Frank’s users, JPMC agreed to purchase Frank for $175 million. As part of the deal, JPMC hired JAVICE and other Frank employees. JAVICE received over $21 million for selling her equity stake in Frank and, per the terms of the deal, was to be paid another $20 million as a retention bonus. Unbeknownst to JPMC, at or about the same time that JAVICE was creating the fabricated data set, JAVICE and CC-1 sought to purchase, on the open market, real data for over 4.25 million college students to cover up their misrepresentations. JAVICE and CC-1 succeeded in purchasing a data set of 4.5 million students for $105,000, but it did not contain all the data fields that JAVICE had represented to JPMC were maintained by Frank. JAVICE then purchased an additional set of data on the open market in order to augment the data set of 4.5 million users. After JPMC acquired Frank, JPMC employees asked JAVICE and CC-1 to provide data relating to Frank’s users so that JPMC could begin a marketing campaign to those users. In response, JAVICE provided what was supposedly Frank’s user data. In fact, JAVICE fraudulently provided the data she and CC-1 had purchased on the open market at a small fraction of the price that JPMC paid to acquire Frank and its purported users. * * * JAVICE, 31, of Miami Beach, Florida, is charged with one count of conspiracy to commit bank and wire fraud, one count of wire fraud affecting a financial institution, and one count of bank fraud, each of which carry a maximum sentence of 30 years in prison, and one count of securities fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. Mr. Williams praised the outstanding investigative work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York and from FDIC-OIG. The case is being handled by the Office’s Complex Frauds and Cybercrime Unit, and Assistant U.S. Attorneys Micah F. Fergenson and Dina McLeod are in charge of the prosecution. The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty. [1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.


title: Department of Justice Distributes Compensation to People Harmed by Lack of Accessible Features at Residential Rental Properties Covered in Fair Housing Act Lawsuit

component: USAO - North Dakota

body_text: The United States Attorney’s Office for the District of North Dakota, through Jennifer Klemetsrud Puhl, acting under authority conferred by 28 U.S.C. § 515, announced today that the Department of Justice has started delivering payments to individuals harmed by the lack of accessible features at West Fargo and Grand Forks properties that were the subject of a recent federal lawsuit alleging violations of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). Those individuals were identified through a process established in a settlement between the United States and the defendants in the case. The federal lawsuit, filed in March 2020 by the Department of Justice, alleged that Hampton Corporation Inc. and several other individuals and entities violated the FHA and ADA by failing to design and construct multifamily residential properties and an associated rental office so that they are accessible to people with disabilities. As part of settlement agreements resolving this lawsuit, the defendants agreed to contribute to a settlement fund totaling $120,000 for people who suffered harm due to the lack of accessible features at the properties; it is from this fund that the Department of Justice is distributing compensation to the individuals who suffered harm. As required by the settlement agreement, the defendants are also in the process of correcting inaccessible features in the common areas of the properties and within the individual units, including: removing steps; installing handrails on ramps; replacing steeply-sloped walkways; adding accessible routes to mailboxes and site arrival points; ensuring that obstacles do not protrude into the circulation path; installing lever handles on doors; widening doorways; retrofitting bathrooms so they are accessible for wheelchair users; and relocating outlets and controls to within a wheelchair user’s reach range. The defendants have also attended fair housing training and agreed that any future housing they design or construct will comply with the FHA. “The people receiving compensation as a result of this settlement were harmed by accessibility violations at these properties in profound ways,” said Assistant United States Attorney Tara Iversen. “Steps leading up to apartment building entrances forced some to use unsafe, homemade ramps to get into their homes, or rely on others to lift them and their wheelchair over a step. Too narrow doorways led some residents using walkers or wheelchairs to remove interior bathroom and bedroom doors entirely. And in addition to daily hardships, some individuals suffered real physical injury related to inaccessible features. While we applaud the defendants for their monetary contributions to the settlement fund, timely retrofits to the properties to ensure their accessibility are also critical. Those improvements already completed have positively impacted residents’ experiences at the properties. We encourage the defendants to continue to comply with the requirements of the settlement agreement so residents and their guests can safely enjoy their homes.” The properties included in the settlement agreement include: • Townhomes at Charleswood, located at 1908 Burlington Drive in West Fargo, North Dakota; • Steeples Apartments, located at 2850 and 2950 36th Avenue South in Grand Forks, North Dakota; • South Hampton Townhomes, located at 3174, 3274 and 3374 36th Avenue South in Grand Forks, North Dakota; • Carrington Court Townhouse Apartments, located at 3383 Primrose Court in Grand Forks, North Dakota; and • The rental office serving Carrington Court Townhouse Apartments, South Hampton Townhomes, and Steeples Apartments, located at 3001 36th Avenue South in Grand Forks, North Dakota. The Justice Department, through the U.S. Attorney’s Offices and the 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. Among other protections, the FHA requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental office at issue in this case. The full and fair enforcement of the FHA, the ADA, and their mandates to integrate individuals with disabilities are major priorities of the United States Attorney’s Office for the District of North Dakota and the Civil Rights Division. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or submit a report online at www.civilrights.justice.gov. ######


title: Pecos Man Sentenced to 15 Years for Attempted Murder

component: USAO - Texas, Western

body_text: ALPINE, Texas – A Pecos man was sentenced in a federal court in Pecos last week to 180 months in prison for attempted murder. According to court documents, Alberto Jimenez Pastrana, 35, shot at a vehicle containing multiple people—later determined to be his children and their mother—then crashed into it with his own vehicle and drove away. Pecos Police Department (PPD) patrol officers located Pastrana, who fled at a high rate of speed and led the officers on a vehicle pursuit, shooting at PPD officers and Reeves County Sheriff’s Deputies. Texas State Troopers, along with the other law enforcement officers in pursuit, tracked Pastrana to a neighborhood south of Pecos where he had crashed and took off on foot. He eventually ditched his assault rifle and surrendered in an area that contained empty oil-field chemical containers and abandoned vehicles. Pastrana was charged in a criminal complaint on Sept. 28, 2022 with one count of possession of a firearm by a prohibited person. Pastrana, a convicted felon with four prior felony convictions, was sentenced by U.S. District Judge David Counts to the statutory maximum sentence. “It was very evident that this defendant tried to end the lives of his own children and their mother with both a firearm and a vehicle,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “I greatly appreciate the joint effort and professionalism by our local and state law enforcement partners, who selflessly placed themselves in harm’s way in the pursuit leading to the Pastrana’s arrest.” The Texas Department of Public Safety Criminal Investigation Division, Pecos Police Department, and Texas Highway Patrol investigated the case. Assistant U.S. Attorney Matthew Ellis prosecuted the case. ###


title: Final Rule Issued for Home Confinement Under the  Coronavirus Aid, Relief and Economic Security (CARES) Act

component: Federal Bureau of Prisons (BOP)

body_text: The Department of Justice has issued a final rule granting discretion to the Director of the Bureau of Prisons to allow individuals placed in home confinement under the Coronavirus Aid, Relief, and Economic Security (CARES) Act to remain in home confinement after the expiration of the covered emergency period. “The Justice Department is committed to protecting the safety of our communities and continuing to support the successful transition of those on home confinement back to society,” said Attorney General Merrick. B. Garland. “This final rule makes clear that the Director of the Bureau of Prisons has the discretion to ensure that those who have made rehabilitative progress and complied with the conditions of home confinement are not unnecessarily returned to prison.” The final rule provides the Bureau the discretion and flexibility to impose proportional and escalating sanctions for individuals who commit infractions, including returning them to prison. It also allows the Bureau to move individuals into Residential Reentry Centers when needed, including instances when home residence is no longer viable or due to either minor accountability issues or non-significant disciplinary issues. Consistent with the final rule, the Director of the Bureau of Prisons today also instructed that any individual placed on home confinement under the CARES Act will remain on home confinement under the CARES Act for the remainder of their sentence, provided that they are compliant with the rules and regulations of community placement. The final rule comes after the Attorney General issued a statement directing the Department to engage in a rulemaking process to ensure that individuals placed in home confinement under the CARES Act are not unnecessarily returned to prison. The proposed rule was published on June 21, 2022, and the comment deadline concluded on July 21, 2022. Prior to the publication of the proposed rule, the Office of Legal Counsel issued an opinion interpreting the CARES Act to give the Bureau of Prisons discretion to permit individuals on home confinement to remain there after the COVID-19 emergency has ended. Since the enactment of the CARES Act on March 26, 2020, the Bureau of Prisons has placed more than 12,000 individuals in home confinement under CARES Act authority. Of those, only a fraction of one percent have been returned to secure custody due to new criminal conduct.


title: High-Ranking Member of the Sinaloa Cartel Extradited from Mexico to the United States to Face International Drug Trafficking and Firearm Charges

component: Criminal Division

body_text: A Mexican national made his initial appearance in the U.S. District Court for the District of Columbia yesterday to face international drug trafficking and firearms charges. According to court documents, between August 2009 and January 2016, Jorge Ivan Gastelum Avila, aka Cholo Ivan, 42, was a high-ranking member of the Sinaloa Cartel, an international drug trafficking organization that was headed by Joaquin Guzman Loera, aka El Chapo, and Ismael Zambada Garcia, aka El Mayo. The Sinaloa Cartel is a violent, transnational drug trafficking organization based in Mexico that engaged in the manufacture, distribution, and importation of ton quantities of cocaine and marijuana from Colombia, Ecuador, Venezuela, Peru, Panama, Costa Rica, and Honduras to Mexico and into the United States. Court documents also allege that at the time of his arrest, Gastelum Avila was a lead sicario, or assassin, for the Sinaloa Cartel and worked closely with Guzman Loera. He allegedly operated as the “plaza boss” for the Mexican city of Guamúchil, Sinaloa, and in that role, he supervised at least 200 armed men and controlled the drug-trafficking activities in that city and the surrounding area. In January 2016, Mexican authorities arrested Gastelum Avila and Guzman Loera together in Los Mochis, Sinaloa, Mexico, as they attempted to flee arrest. In December 2018, a grand jury returned an indictment against Gastelum Avila. The United States requested his provisional arrest in February 2020 and Mexican authorities arrested Gastelum Avila based on that request in March 2020. Gastelum Avila remained detained in Mexico pending his extradition. He was extradited from Mexico to the United States on April 1. Gastelum Avila is charged with conspiracy to manufacture and distribute five kilograms or more of cocaine and over 1,000 kilograms of marijuana intending and knowing that those substances would be imported into the United States. He is also charged with knowingly and intentionally using, carrying, brandishing, and discharging a firearm, including a destructive device, during and in relation to a drug trafficking crime. Gastelum Avila faces a maximum penalty of life in prison for the drug conspiracy charge and a mandatory consecutive sentence of 30 years for the firearms offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Guzman Loera was extradited to the United States in January 2017. In July 2019, he was sentenced to life in prison for being a principal leader of a continuing criminal enterprise, narcotics trafficking, using a firearm in furtherance of his drug crimes, and participating in a money laundering conspiracy. This case is supported by the Organized Crime Drug Enforcement Task Force (OCDETF). Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Acting Executive Associate Director Steve K. Francis of Homeland Security Investigations (HSI), Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Assistant Director in Charge David Sundberg of the FBI Washington Field Office made the announcement. The HSI Nogales Office and the FBI Washington Field Office are investigating this case. Trial Attorney Kirk Handrich of the Criminal Division’s Narcotic and Dangerous Drug Section is prosecuting the case. The Justice Department’s Office of International Affairs provided valuable assistance with securing the arrest and extradition of Gastelum Avila. The Criminal Division’s Office of Enforcement Operations also provided significant assistance. An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.


title: Maryland Man Charged for Making a Threatening Phone Call to an LGBTQ Advocacy Group

component: Civil Rights Division

body_text: A federal criminal complaint has been filed charging a Maryland man for using the telephone to threaten a group that advocates for LGBTQ individuals. According to court documents, on the evening of March 28, the victim organization received a threatening voicemail from a phone number that investigators identified as belonging to Adam Michael Nettina, 34, of West Friendship, Maryland. The message referenced the March 27 mass shooting at a school in Nashville, Tennessee, involving multiple shooting fatalities, where the perpetrator was publicly identified as being transgender. During the call, numerous threats were made including, “…We’ll cut your throats. We’ll put a bullet in your head….You’re going to kill us? We’re going to kill you ten times more in full.” Nettina had an initial appearance yesterday in U.S. District Court in Baltimore before U.S. Magistrate Judge Matthew J. Maddox. If convicted, Nettina faces a maximum sentence of five years in federal prison for interstate communications with a threat to injure. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Erek L. Barron for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office made the announcement. The FBI Baltimore Field Office investigated the case. Assistant U.S. Attorney Paul E. Budlow for the District of Maryland and Deputy Chief Bobbi Bernstein of the Civil Rights Division’s Criminal Section are prosecuting the case.


title: Howard County Man Facing Federal Charges for Allegedly Making a Threatening Phone Call to an LGBTQ Advocacy Group

component: USAO - Maryland

body_text: Baltimore , Maryland – A federal criminal complaint has been filed charging Adam Michael Nettina, age 34, of West Friendship, Maryland, for using the telephone to threaten a group that advocates for LGBTQ individuals. The criminal complaint was filed on March 31, 2023, and Nettina was arrested later that evening. Nettina had his initial appearance on April 3, 2023, in U.S. District Court in Baltimore before U.S. Magistrate Judge Matthew J. Maddox and was ordered to be detained pending a detention hearing scheduled for April 7, 2023, at 1:30 p.m. The federal charge was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office. According to the affidavit filed in support of the criminal complaint, on the evening of March 28, 2023, the victim organization received a threatening voicemail from a phone number, which investigators identified as belonging to Adam Michael Nettina. The message referenced the March 27, 2023, mass shooting at a school in Nashville, Tennessee, involving multiple shooting fatalities, where the perpetrator was publicly identified as being transgender. During the call, numerous threats were made including, “…We’ll cut your throats. We’ll put a bullet in your head….You’re going to kill us? We’re going to kill you ten times more in full.” If convicted, Nettina faces a maximum sentence of five years in federal prison for interstate communications with a threat to injure. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings. United States Attorney Erek L. Barron and Assistant Attorney General Kristen Clarke commended the FBI for its work in the investigation. Mr. Barron and Ms. Clarke thanked Assistant U.S. Paul E. Budlow and Deputy Chief Bobbi Bernstein of the Justice Department’s Civil Rights Division, who are prosecuting the federal case. The U.S. Attorney’s Office for the District of Maryland (USAO-MD) is launching the national Department of Justice initiative, United Against Hate, this spring. Together with our local partners, USAO-MD’s United Against Hate campaign will empower local residents and communities to combat unlawful acts of hate, stand against racism and discrimination and alter the course of growing intolerance. For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach . # # #


title: Texas Laboratory Agrees to Pay $5.9 Million to Settle Allegations of Kickbacks to Third Party Marketers and Unnecessary Drug Tests

component: Civil Division

body_text: Genotox Laboratories Ltd., of Austin, Texas, has agreed to pay at least $5.9 million to resolve False Claims Act allegations that it paid volume-based commissions to third party marketers in violation of the Anti-Kickback Statute and submitted claims to federal health care programs for unnecessary drug tests. In parallel proceedings, the U.S. Attorney’s Office for the Western District of Texas and Genotox entered into an eighteen-month Deferred Prosecution Agreement to resolve a criminal investigation regarding the same conduct. “Laboratories are prohibited from paying kickbacks to third parties to arrange for laboratory orders,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable companies that violate the rules intended to protect the integrity and resources of federal health care programs.” The settlement announced today resolves allegations that, from 2014 to 2020, Genotox paid kickbacks to independent contractor sales representatives and marketing firms to arrange for or recommend the ordering of Genotox’s laboratory testing, in violation of the Anti-Kickback Statute. As part of the settlement, Genotox admitted and accepted responsibility for paying independent contractor marketers, whom Genotox referred to as “1099” representatives, a percentage of the revenue Genotox received from billing Medicare, the Railroad Retirement Board (RRB), and TRICARE for laboratory testing orders facilitated or arranged for by the 1099 representatives. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded health care programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients. In addition, the settlement resolves allegations that, from 2014 to 2022, Genotox submitted claims to Medicare, RRB, and TRICARE for laboratory tests that were not covered and/or not reasonable and necessary, including blanket orders and routine standing orders of drug testing for all patients in a provider’s practice. As part of the settlement, Genotox admitted and accepted responsibility for offering health care providers order forms known as “custom profiles” for each provider to pre-select the tests to order, which Genotox then performed and billed, for all or nearly all of the provider’s patients, generally at the highest reimbursement categories, such as definitive drug testing for 22 or more drug classes. Under the settlement with the United States, Genotox has agreed to pay $5.9 million, plus additional amounts if certain financial contingencies occur. The settlement amount was based on the company’s ability to pay. In connection with the settlement, Genotox entered into a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The CIA requires, among other things, that Genotox maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicare and Medicaid claims at Genotox. “Kickbacks harm the integrity of federal programs and unnecessarily increase costs to taxpayers,” said U.S. Attorney Jill E. Steinberg for the Southern District of Georgia. “Patients should know that decisions concerning their health are based on their needs, not the profit margins of providers.” “The Deferred Prosecution Agreement ensures that Genotox will live up to its compliance obligations,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “My office is committed to the effort to root out fraud and abuse in the health care system.” “Health care companies that engage in kickback schemes can undermine the public’s trust in medical institutions and the financial integrity of the programs billed,” said Special Agent in Charge Tamala E. Miles of HHS-OIG. “Working with our law enforcement partners, our agency will continue to investigate such allegations in order to detect and deter illicit activity targeting federal health care programs.” “The Department of Defense (DOD) Office of Inspector General’s Defense Criminal Investigative Service (DCIS) is committed to rooting out fraud schemes that not only waste valuable taxpayer resources, but also impact mission readiness,” said Special Agent in Charge Michael Mentavlos of the DCIS Southwest Field Office. “DCIS, along with our law enforcement partners, will aggressively pursue and hold those accountable who undermine the integrity of DOD’s taxpayer funded health care program, known as TRICARE, which is intended for our service members, retirees, and their families.” The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Alex DiGiacomo, Genotox’s former billing manager. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. DiGiacomo v. Genotox Laboratories, Ltd., et al. , No. 2:20-cv-97 (S.D. Ga.). As part of the settlement, DiGiacomo will receive approximately $1 million. The civil resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Southern District of Georgia, with assistance from HHS-OIG and DCIS. The matter was handled by Fraud Section attorneys Douglas Rosenthal and Christopher Terranova and Assistant U.S. Attorney Bradford C. Patrick for the Southern District of Georgia. Assistant U.S. Attorneys G. Karthik Srinivasan and Alan Buie handled the criminal matter in the Western District of Texas. The government’s pursuit of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477). Except to the extent of the facts admitted by Genotox, the claims resolved by the settlement are allegations only and there has been no determination of liability.


title: Detroit Man Pleads Guilty to Stealing $1.6M in Unemployment Insurance Benefits

component: USAO - Michigan, Eastern

body_text: DETROIT – A Detroit man pleaded guilty today to wire fraud and aggravated identity theft arising out of a scheme to defraud multiple states out of more than $1.6 million in pandemic-related unemployment insurance benefits, announced United States Attorney Dawn N. Ison. Ison was joined in the announcement by Irene Lindow, Special Agent-in-Charge, Great Lakes Region, U.S. Department of Labor Office of Inspector General, and Special Agent in Charge John Marengo of the United States Secret Service’s Detroit Field Office. Darren Smith, 36, entered his guilty pleas before United States District Judge Terrence G. Berg. According to court records, beginning as early as May 2020 and continuing through at least July 2020, Smith, with the intent to defraud, filed approximately 250 fraudulent unemployment insurance (UI) claims seeking pandemic unemployment assistance (PUA) benefits to which he was not entitled. Smith submitted the fraudulent claims in the names of multiple individuals, using their Social Security Numbers and other personal identifying information, without their authorization or consent. The fraudulent UI benefits were paid out via debit cards, which Smith then used to repeatedly withdraw the funds via ATMs located in the Eastern District of Michigan. United States Attorney Ison stated, “This case reflects our ongoing commitment to prosecute those who took advantage of the Covid-19 pandemic by stealing funds intended for those in need. We treat this kind of fraud especially seriously because corruption within these programs undermines trust and confidence in government programs generally. My office will remain vigilant in the pursuit of those who cheat the government and their fellow citizens.” “Darren Smith engaged in an unemployment insurance fraud scheme that targeted multiple state workforce agencies. Smith submitted false unemployment insurance claims in the names of identity theft victims to obtain debit cards loaded with stolen unemployment benefits. We will continue to work with our law enforcement partners to safeguard the unemployment insurance system from those who exploit these benefit programs,” said Irene Lindow, Special Agent-in-Charge, Great Lakes Region, U.S. Department of Labor Office of Inspector General. “The U.S. Secret Service continues to work with our law enforcement partners on UIA Fraud schemes. We are thankful to the US Attorney’s Office and Department of Labor for partnering with us in the investigation and prosecution of this case,” said Special Agent in Charge Marengo. Smith faces a statutory maximum penalty of 20 years imprisonment on the charge of wire fraud and a mandatory minimum sentence of 2 years imprisonment on the charge of aggravated identity theft. Per the terms of his plea agreement, Smith will also be required to pay restitution to the victim states in the total amount of $1,611,648. Sentencing is set for August 17, 2023, at 2pm. This case was investigated by the U.S. Department of Labor Office of the Inspector General and the U.S. Secret Service. The case is being prosecuted by Assistant United States Attorney Sarah Youngblood and Special Assistant United States Attorney Corinne M. Lambert.


title: Columbus man arrested, charged with trafficking multiple victims for sex through violence and the use of drugs

component: USAO - Ohio, Southern

body_text: COLUMBUS, Ohio - A 28-year-old Columbus man was ordered detained after he appeared before a U.S. Magistrate Judge here today after a criminal complaint charging him with sex trafficking was unsealed. The complaint alleges that Terrael Alexander Alls, aka “Ace” and “Rell” engaged in sex trafficking by means of force, threats, fraud, and coercion. Alls was arrested on March 31, 2023 in Licking County and appeared in federal court for his initial appearance on April 3. According to court documents, an email tip received by the Columbus Division of Police regarding possible sex trafficking in Columbus was sent to the Central Ohio Human Trafficking Task Force. The Task Force investigation, which spanned the course of one year, ultimately led to All’s arrest. “Court records contain disturbing testimony by two of the numerous victims as they describe what they’ve been through,” said Kenneth L. Parker, United States Attorney for the Southern District of Ohio. “I admire their courage to come forward and encourage anyone else who may be a victim to reach out to law enforcement.” “Human traffickers control their victims with abuse, fear and intimidation – which are difficult to overcome,” Ohio Attorney General Dave Yost said. “Now that this defendant is in custody, we’re asking potential victims to contact law enforcement with any information about the case. If you’ve seen something, now is the time to say something.” Anyone with additional information regarding this investigation or knowledge of additional victims of human trafficking is encouraged to contact the Ohio Bureau of Criminal Investigation at 855-BCI-OHIO (855-224-6446) or the National Human Trafficking Hotline at 1-888-3737-888 and request to be connected with a member of the Central Ohio Human Trafficking Task Force. The Central Ohio Human Trafficking Task Force, formed under the Ohio Attorney General’s Ohio Organized Crime Investigations Commission, includes resources from the Columbus Division of Police, Homeland Security Investigations, Franklin County Sheriff’s Office, Delaware County Sheriff’s Office, Licking County Sheriff’s Office, Powell Police Department, Bureau of Criminal Investigation, Adult Parole Authority, The Ohio State University Police Department, Salvation Army, Southeast Healthcare, the Franklin County Prosecutor’s Office and the Delaware County Prosecutor’s Office. Sex trafficking by means of force, threats, fraud, and coercion is punishable by a mandatory minimum sentence of 15 years and up to life imprisonment. U.S. Attorney Parker and Ohio Attorney General Yost announced the unsealing of the complaint and the detention ordered by U.S. Magistrate Judge Kimberly A. Jolson, who set a preliminary hearing for April 17, 2023. Assistant U.S. Attorneys Emily Czerniejewski and Jennifer Rausch are representing the United States. A criminal complaint merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law. # # #


title: Valley, Alabama Tax Preparer Sentenced to Federal Prison for Filing False Tax Returns

component: USAO - Alabama, Middle

body_text: Montgomery, Alabama – Today, United States Attorney Sandra J. Stewart announced that Christina Prather Williams, 42, from Valley, Alabama, received a sentence of 20 months in prison for preparing false federal tax returns. According to court records and statements made in open court, Williams operated a tax preparation service in Valley, Alabama, “Family Tax Service,” where she prepared federal income tax returns for clients. Some of Williams’s clients complained to the Valley Police Department that they never received their tax refunds. The Valley Police Department’s investigation revealed that Williams had forged power of attorney forms in her clients’ names and cashed their refund checks, keeping the money for herself. The Valley Police Department reported its findings to the IRS. During its own investigation, the IRS determined that Williams had indeed prepared and filed false tax returns that included deductions her clients were not entitled to claim. In light of this conduct, on June 8, 2022, Williams was indicted. In her plea agreement, Williams specifically admitted to filing for two individuals 2018 returns containing numerous false claims. In one return, filed in March of 2019, Williams claimed that a client incurred solar electric and water heating property costs, medical and dental expenses, home mortgage interest and points, and gifts to charity totaling $39,887.00. Williams also admitted to filing a return for another customer in April of 2019 that falsely claimed the same types of expenses, plus child and dependent care costs, in the amount of $42,841.00. Williams included all of these expenses in her customers’ returns despite knowing that the customers were not entitled to claim the expenses. As a result of Williams’ false statements, the IRS paid a larger return to the taxpayers than they were entitled to receive. In addition to the 20-month prison sentence ordered on April 3, 2023, Williams will also serve one year of supervised release and is required to pay the IRS $76,694.00 in restitution. “Tax preparers are entrusted to complete their clients’ returns using accurate and legitimate tax information,” stated United States Attorney Stewart. “Unfortunately, some paid tax preparers falsify information to make more money for themselves. I applaud the Valley Police Department and the IRS for investigating this case and stopping these crimes against the American taxpayer.” “Christina Williams used her position as a tax preparer to defraud her clients and the U.S. government and will now be held accountable,” said James E. Dorsey, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “As this year’s tax season comes to a close, this is a timely reminder for taxpayers to review their returns carefully before signing and submitting them to the IRS. IRS Criminal Investigation will continue to investigate and recommend prosecution of dishonest tax preparers.” The IRS’s Criminal Investigation Division and the Valley Police Department investigated this case. Assistant United States Attorney Megan A. Kirkpatrick prosecuted the case.


title: West Virginia doctor charged with illegal prescribing, destroying evidence

component: USAO - West Virginia, Northern

body_text: CLARKSBURG, WEST VIRGINIA – A West Virginia doctor has been indicted for the unlawful distribution of controlled substances and for destroying evidence of his alleged crimes. David Elwood Hess, 59, of Bridgeport, West Virginia, was indicted today on twenty-five counts of improper prescribing and one count of destroying records in a federal investigation. According to court documents, Hess wrote prescriptions for Adderall, Xanax, Oxycontin, and other controlled substances to individuals without a legitimate medical purpose and beyond the bounds of professional practice. The indictment also charges Hess with remotely wiping his iPhone after it had been seized by law enforcement. “Adderall is the chemical cousin of methamphetamine and a very powerful stimulant,” said United States Attorney William Ihlenfeld. “Given its high potential for misuse, medical practitioners must be cautious when prescribing it and when they are not, there will be consequences.” Assistant U.S. Attorney Andrew Cogar is prosecuting the case on behalf of the government. The Drug Enforcement Administration investigated. An indictment is merely an allegation, and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.


title: Owings Mills Man Sentenced to More Than Five Years in Federal Prison for Transporting and Smuggling Firearms and Ammunition from the United States to Assist Separatists Fighting Against the Government of Cameroon

body_text: Baltimore , Maryland – U.S. District Judge Richard D. Bennett today sentenced Wilson Nuyila Tita, age 47, of Owings Mills, Maryland, to 63 months in federal prison, followed by two years of supervised release, for conspiracy, for transporting firearms with obliterated serial numbers, and for smuggling firearms and ammunition from the United States to Nigeria. Tita was convicted of those charges on May 6, 2022, along with co-defendants Eric Fru Nji, age 42, of Fort Washington, Maryland and Wilson Che Fonguh, age 41, of Bowie, Maryland, after a two-week trial. The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; and Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (“DCIS”) - Mid-Atlantic Field Office. According to the evidence presented at trial, from at least November 2017 through July 19, 2019, Tita and his co-defendants conspired with each other and with others to export firearms, ammunition and other military typed items from the United States to Nigeria. Specifically, the evidence at trial established that co-conspirators secreted 38 firearms, 28 of which had the obliterated serial numbers in a shipping container that they sent out of the Port of Baltimore in January of 2019. The guns included sniper rifles, SKS assault rifles (some with bayonets), other rifles and several handguns. There were 44 high-capacity magazines, two rifle scopes and over 35,000 rounds of ammunition. The evidence proved that co-conspirators concealed the firearms, ammunition, rifle scopes, and other items in duffle bags and heavily wrapped packages inside sealed compressor units, placing those items into a shipping container destined for Nigeria. According to trial testimony and court documents, Tita was present for the loading of the container, but that did not load anything himself, because Tita “didn’t like to get his hands dirty.” Instead, Tita gave instructions to the others as they loaded the container. As detailed in trial testimony, Tita and his co-conspirators contributed funds for the purchase of firearms, ammunition, reloading materials and other equipment for shipping overseas to separatists fighting against the Government of Cameroon. Tita and his co-conspirators communicated about their efforts and plans to ship weapons and ammunitions using an on-line encrypted messaging application and code words in order to conceal their activities. Co-defendant Fonguh and seven defendants charged in related cases are awaiting sentencing. United States Attorney Erek L. Barron commended HSI, the ATF and DCIS for their work in the investigation. Mr. Barron recognized the U.S. Department of Commerce, Office of Export Enforcement; the U.S. Department of State, Diplomatic Security Service; the Naval Criminal Investigative Service; and the U.S. Postal Inspection Service for their contributions to the investigation. U.S. Attorney Barron thanked Assistant U.S. Attorney Kathleen O. Gavin, 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/community-outreach . # # #


title: Straw Purchaser of Gun that Killed Detroit Police Officer Sentenced to Prison

body_text: DETROIT – A Detroit man was sentenced today to two years in prison for purchasing a Draco pistol for his friend, Ehmani Davis, who would go on to use the firearm in the killing of Detroit Police Officer Loren Courts, United States Attorney Dawn N. Ison announced today. Ison was joined in the announcement by Craig Kailimai Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Explosives, and Firearms. Sheldon Thomas, age 27, of Detroit, Michigan, was sentenced by United States District Judge Gershwin Drain. According to court documents and statements made in court, on June 7, 2022, Thomas bought a Century Arms Draco pistol in Eastpointe, Michigan. Thomas admitted to lying on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Record Form 4473, by falsely certifying that he was the buyer of the firearm when he knew he was purchasing it for Ehmani Davis. Thomas gave Davis the firearm on the day of the purchase. Thomas admitted that Davis gave him the money to buy the firearm. Thomas further admitted that he made multiple attempts to purchase a handgun for Davis. “The tragic death of Detroit Police Officer Loren Courts is another terrible example of what happens when guns are supplied to those who are prohibited from possessing them,” said U.S. Attorney Ison. “Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.” “The loss of Detroit Police Officer Courts was a tragedy that could have been prevented. There are serious consequences that can come from illegally purchasing firearms for prohibited individuals. A critical part of ATF’s mission is to stop violent criminals from possessing firearms before a loss of life occurs,” said, Assistant Special Agent in Charge Craig Kailimai “We will continue to work side by side with our U.S. Attorney’s, federal, state, and local law enforcement partners to make our communities safer.” This case was investigated by the Bureau of Alcohol, Tobacco, Explosives, and Firearms. The case was prosecuted by Assistant U.S. Attorney Barbara Lanning. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.


title: Former San Diego Police Officer and Three Co-Defendants Plead Guilty to Multiple Crimes Stemming from Years-Long Operation of Illicit Massage Businesses

body_text: A former San Diego Police Department vice detective and his co-defendants each pleaded guilty today in connection with their operation of five illicit massage businesses in California and Arizona that profited for years by exploiting women to engage in commercial sexual services under the guise of offering therapeutic massage services. According to court documents, Peter Griffin, 78, who left the department in 2002, Kyung Sook Hernandez, 58, Yu Hong Tan, 56, and Yoo Jin Ott, 46, owned and operated Genie Oriental Spa, Felicita Spa, Blue Green Spa, Maple Spa and Massage W Spa, located in the greater San Diego area and in Tempe, Arizona, between 2013 and August 2022. The criminal scheme included incorporating their businesses with state agencies, managing the finances of the businesses, advertising commercial sexual services online, recruiting and employing women to perform commercial sexual services in the businesses and benefiting financially from the illegal enterprises. The defendants leased multiple commercial properties as storefronts, leased and bought residential properties to use as housing for employees, and secured credit card processing equipment to operate the illicit massage businesses. Griffin previously worked as a detective with the Vice Operations Unit of the San Diego Police Department, a unit tasked with dismantling the very businesses he operated and promoted for personal profit. Throughout the course of the scheme, Griffin used the experience and skills he acquired through his work as a vice detective – and in at least one instance, his badge – to help the businesses evade law enforcement, thwart regulatory inspections, investigations, and any official action against the businesses, conceal evidence, and maintain a façade of legitimacy. On another occasion, Griffin told an employee that he was a former police officer and instructed her not to “open [her] mouth” about her employment at the illicit massage business. Griffin also used resources he had access to by virtue of his private investigator license to obtain information on customers and employees on behalf of the illicit massage businesses. During the scheme, the defendants encouraged and expected employees to perform commercial sexual services inside the businesses and relied on Griffin’s law enforcement background to help conceal the criminal conduct. When one employee initially refused to perform commercial sexual services, one of the defendants instructed her to “leave [her] morals in China” in order to “make the customers happy.” “The defendant – a former vice detective who once took an oath to uphold our laws – knew more than most that illicit massage businesses cruelly profit by exploiting women for commercial sex,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We are committed to prosecuting the proprietors of these illegal businesses, and to shining a light on those places where sexual exploitation and trafficking persist.” “Peter Griffin misused the expertise acquired during his time as a vice detective and abused the respect that came with his badge – all to ensure that his ‘massage parlors’ operated under the radar for his personal financial gain,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The guilty pleas of Griffin and his co-defendants underscore the Justice Department’s commitment to holding accountable those who profit from crime, particularly crimes that involve the exploitation of vulnerable populations and the abuse of trust that communities place in law enforcement. This plea would not have been possible without the innovative and collaborative efforts of our partners in federal and local law enforcement, the Human Trafficking Prosecution Unit, and the U.S. Attorney’s Office for the Southern District of California.” “This criminal scheme involved illicit businesses that exploited a vulnerable population,” said U.S. Attorney Randy Grossman for the Southern District of California. “We are committed to prosecuting the offenses that impact not only the employees of these illicit businesses, but the safety of the communities in which they operate.” “Griffin betrayed the pledge he took to uphold our laws and to protect the members of our community through his egregious misuse of power and knowledge,” said Acting Special Agent in Charge John Kim of the FBI San Diego Field Office. “We appreciate the collaboration of our federal, state, and local partners to ensure that justice is served to Griffin and his co-conspirators. There is no place in our community for those who negligently prioritize money over people.” Griffin pleaded guilty to conspiring to violate the Interstate Travel in Aid of Racketeering Act (ITAR) by using facilities in interstate commerce to promote and facilitate businesses involving prostitution, and to wire fraud conspiracy and money laundering, for which he faces a maximum penalty of 30 years in prison. Hernandez, Tan and Ott, who managed the different illicit massage businesses in Griffin’s network, each pleaded guilty to misprision of a felony and face maximum penalties of three years in prison. Assistant Attorney General Clarke, Assistant Attorney General Polite, U.S. Attorney Grossman and Special Agent in Charge Plantz made the announcement. The investigation was led by Homeland Security Investigations, IRS Criminal Investigation, and the San Diego Human Trafficking Task Force, a regional, multi-agency effort led by the California Department of Justice dedicated to supporting survivors and holding traffickers accountable. The task force is comprised of numerous federal, state and local agencies, as well as the Southwest Border High Intensity Drug Trafficking Area program. The investigation was also supported by the FBI, the San Diego Police Department, the San Diego Sheriff’s Office, the Escondido Police Department, the San Diego District Attorney’s Office and the Tempe, Arizona, Police Department. Assistant U.S. Attorney Jill Streja for the Southern District of California, Trial Attorney Caylee Campbell of the Money Laundering and Asset Recovery Section of the Criminal Division and Trial Attorney Leah Branch of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case. Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org .


title: Hueytown Man Sentenced to More than 12 Years in Prison on Gun and Drug Charges

body_text: BIRMINGHAM, Ala. – A federal judge today sentenced a Hueytown man on gun and drug charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson. U.S. District Court Judge Annmarie C. Axon sentenced Derray Le’Mon Greene , 22, to 151 months in prison. Greene pleaded guilty to two counts of possession of a machine gun, one count of possession with intent to distribute fentanyl, and one count of possession with intent to distribute marijuana. According to the plea agreement, on two separate occasions between March 2022 and April 2022, the Jefferson County Sheriff’s Office had law enforcement encounters with Greene. On March 29, 2022, a Jefferson County Sheriff’s deputy conducted a traffic stop on a vehicle in which Greene was the driver. The deputy smelled a strong odor of marijuana coming from inside the vehicle. The deputy searched the vehicle and found marijuana, a Glock 9mm pistol with an attached “Glock Switch,” three Glock magazines, one loaded with 30 rounds of ammunition, and two loaded with 15 rounds in each magazine, and a box of 30 rounds of 9mm ammunition inside of a backpack located in the rear floorboard of the vehicle. On April 8, 2022, JCSO narcotics detectives were conducting surveillance on an apartment complex in Hoover and discovered Greene’s vehicle in the parking lot. While the detectives were talking to Greene, they observed an individual walk down the steps from an apartment carrying a black bag. The individual entered Greene’s vehicle and sat in the passenger’s seat. Detectives approached the vehicle and contacted the individual. There was an odor of marijuana coming from the vehicle. Detectives searched the vehicle and located a Glock 9mm pistol, with an attached “Glock Switch,” under the driver’s side rear seat. The Glock pistol had an extended magazine that was loaded with 39 rounds of 9mm ammunition. Detectives also found a plastic bag containing fentanyl and a plastic bag containing marijuana next to the Glock pistol. The ATF investigated the case along with assistance from the Jefferson County Sheriff’s Office. Assistant U.S. Attorney Michael A. Royster prosecuted the case.


title: Tax preparer found to have illegally prepared false tax returns

component: USAO - Texas, Southern

body_text: HOUSTON – A local woman has been convicted of seven counts of aiding and assisting in preparing false tax returns, announced U.S. Attorney Alamdar S. Hamdani. A federal jury sitting in Houston returned a guilty verdict April 3 against Cheryl Christin Kissentaner following a four-day trial. At trial, the jury heard from federal agents as well as five of Kissentaner’s clients. Testimony and evidence revealed individuals paid Kissentaner to prepare tax returns from 2016 through 2019 through her company First Financial Tax Services. However, she was not legally allowed to do so. The jury heard that a paid tax preparer is required to have paid all of his or her own tax returns, but Kissentaner had failed to pay her 2012-2017 tax returns until late 2019. This was after the tax returns she prepared and filed for a fee. From 2016 through 2019, Kissentaner prepared at least nine tax returns in which she created fake businesses that allegedly operated at losses. They also claimed false fuel tax credits, state income tax deductions for Texas residents (who did not pay a state income tax), false medical expenses, false medical expenses, unemployed reimbursement expenses, false contributions to charity, other false expenses for businesses and failed to report IRA distributions. Kissentaner also claimed that, pursuant to an engagement letter she prepared for her clients, she owed no duty to examine their returns for fake claims. However, Kissentaner filed numerous certificates under oath with the IRS in which she promised the government she would exercise due diligence in examining the tax returns she prepared and filed. She also charged tax preparer fees well in excess of other firms that provided the same services and asked potential clients to identify a reference and offered them a fee if they referred individuals themselves. At trial, evidence showed that 98 percent of her clients obtained a refund even though several owed as much as $25,000 and did not pay any income taxes throughout the year. One such client had been obtaining a refund in excess of $8,000 each year. However, after Kissentaner became aware she was under investigation, that client was informed she owed over $10,000. When she inquired as to the change, Kissentaner untruthfully claimed that it was due to a change in the tax law and due to the client’s son now attending college on a full-time basis. Further, a large percentage of Kissentaner’s clients claimed fuel tax credits despite the fact that only 0.2 percent of all tax payers would be eligible for that benefit. U.S. District Judge David Hittner presided over the trial and set sentencing for June 29. At that time, Kissentaner faces up to three years imprisonment for each count of conviction. She has been and will remain in custody pending that hearing. IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman and Tyler White prosecuted the case.


title: North Braddock Man Indicted on Drug and Gun Charges

component: USAO - Pennsylvania, Western

body_text: PITTSBURGH - A resident of North Braddock, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating various federal narcotics and firearms laws, Acting United States Attorney Troy Rivetti announced today. The three-count Indictment named Roman Griffey, 28, as the sole defendant. According to Indictment presented to the court, on July 24, 2022, Griffey allegedly possessed with intent to distribute 10 grams or more of fentanyl analog, a quantity of cocaine, and a quantity of cocaine base. Additionally, the defendant allegedly possessed a firearm and ammunition as a convicted felon. Griffey also allegedly possessed a firearm in furtherance of a drug trafficking crime. The law provides for a maximum total sentence of not less than 5 years in prison, a fine of not more than $8,000,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Assistant United States Attorney Katherine C. Jordan is prosecuting this case on behalf of the government. The Allegheny County Police Department conducted the investigation leading to the Indictment in this case. An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.


title: Indian Citizen Indicted for Multiple Counts of Alien Smuggling and Conspiracy

body_text: PLATTSBURGH, NEW YORK – Simranjit Singh, a/ka/ “Shally” Singh, age 40, a citizen of India residing in Canada, was extradited to the United States last week on an indictment charging him with alien smuggling and conspiracy to commit alien smuggling. At the request of the United States, Singh was taken into custody on June 28, 2022, in Ontario, Canada. Singh was extradited from Canada to the United States on March 30, 2023. United States Attorney Carla B. Freedman; Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector; and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement. A June 2022 indictment charges Singh with three counts of conspiracy to commit alien smuggling for profit and six additional counts of alien smuggling for profit, all of which allege his involvement and facilitation of the smuggling of Indian nationals from Canada into the United States, via Cornwall Island and the Akwesasne Mohawk Indian Reservation in the St. Lawrence River region, from at least March 2020 through March 2021. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty. Singh was arraigned on March 31, in Albany, before United States Magistrate Judge Daniel J. Stewart; he is detained pending a detention hearing scheduled for April 7. If convicted on all charges, Singh faces at least 5 years and up to 15 years in prison, as well as at least 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. This case is being investigated by United States Border Patrol, Homeland Security Investigations, the Ontario Provincial Police, the Canadian Border Services Agency, and the Royal Canadian Mounted Police. Assistant U.S. Attorney Jeffrey Stitt is prosecuting this case. The Justice Department’s Office of International Affairs provided substantial assistance in securing the arrest and extradition of Singh.


title: Convicted Felon Sentenced to 120 Months in Federal Prison for Multiple Drug and Gun Charges

component: USAO - Louisiana, Middle

body_text: United States Attorney Ronald C. Gathe, Jr. announced that U.S. District Judge Brian A. Jackson sentenced Dionseus Wilkins, age 29, of Baton Rouge, Louisiana, to 120 months in federal prison following his convictions for possession with the intent to distribute methamphetamine and possession of a firearm by a convicted felon. The Court further sentenced Wilkins to five years of supervised release following his term of imprisonment and ordered that the firearm involved be forfeited. According to admissions made as a part of his guilty plea, between February 22, 2018 and February 13, 2019, Wilkins sold a total of seventy (70) grams of methamphetamine to confidential informants in Baton Rouge, Louisiana, during controlled purchases monitored by law enforcement agents. On September 24, 2019, Louisiana State Police narcotics detectives executed a search warrant on Wilkins’ residence as well as on his vehicles. Prior to the warrants' execution, detectives observed Wilkins enter the complex's parking garage where he was then detained. During the search of the residence, detectives located nitrile gloves, protective masks, a bag of powdered sugar, strainers, and a small electric blender inside the dishwasher. Detectives also located fifty-one (51) dosage units of alprazolam in a dresser drawer in the Wilkins’ bedroom. Prior to executing the search of one of Wilkins’ vehicles, an LSP trooper utilized a K-9 detection dog around the perimeter of the vehicle, at which time the K-9 alerted to the presence of drugs. Detectives located $10,000 in U.S. Currency (100 $100 dollar bills) located in a black bag inside of the vehicle's glove compartment and a backpack located in the vehicle's trunk. A search of the backpack revealed a Glock Model 27, .40 cal. handgun with an extended magazine containing 25 rounds of ammunition, approximately 297 grams of methamphetamine, approximately 237 grams of heroin, approximately 847 grams of marijuana, and two digital scales. In 2015, prior to possessing the firearm, Wilkins was convicted of simple burglary in East Baton Rouge Parish. This matter was investigated by the Drug Enforcement Administration and the Louisiana State Police, with assistance from the Zachary Police Department and the Tangipahoa Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Eli J. Abad.


title: Texas Man Sentenced to 97 Months in Federal Prison for Distributing Child Pornography in Louisiana

body_text: United States Attorney Ronald C. Gathe, Jr. announced that Chief Judge Shelly D. Dick sentenced James Martin, age 51, of Beckville, Texas, to 97 months in federal prison following his conviction for distribution of child pornography. Martin must serve five years of supervised release upon completing his term of imprisonment, and he must complete sex offender treatment. The Court also ordered Martin to pay $248,000 in restitution. As a result of this conviction, Martin will be required to register as a sex offender. Throughout July and August 2022, Martin used an instant messaging mobile application and a smartphone to distribute files of child pornography via the internet to an undercover agent in the Middle District of Louisiana. Martin distributed the videos and images of minors, knowing they were under 18 years of age. The child pornography files included a video link to a cloud storage application. Martin distributed the video link to an undercover agent with a password and instructions to download the videos and images to confirm that the link was “working and sellable when the time [i]s right…” Throughout his conversations with undercover law enforcement, Martin described a scheme to sell child pornography online. Martin bragged about his ability to: (1) sell child pornography online for a profit; and (2) use encryption software to avoid law enforcement detection. Martin’s video link contained approximately 245 videos and 108 images of child pornography, including toddlers. Martin also possessed at least 130 total videos and approximately 7,250 images of child pornography, which were accessible through his laptop, smartphone, and a central processing unit tower, among other devices. This matter was investigated by the Federal Bureau of Investigation, the Louisiana Bureau of Investigation, and the Panola County, Texas Sheriff’s Office, and was prosecuted by Assistant United States Attorney Edward H. Warner. This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc .


title: Jacksonville Convicted Felon Sentenced To More Than Five Years In Federal Prison For Firearm Possession

component: USAO - Florida, Middle

body_text: Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Terry Lenard Shipman (48, Jacksonville) to five years and five months in federal prison for possessing a firearm as a convicted felon. Shipman had pleaded guilty in December 2022. According to court documents, on February 5, 2022, an officer from the Jacksonville Sheriff’s Office observed Shipman steal two alcoholic beverages from a RaceTrac gas station in Jacksonville. Shipman hid the beverages in his coat pocket and was confronted by the officer as he exited the store. Once detained, the officer retrieved the stolen merchandise from Shipman’s pocket, along with a Smith and Wesson .38 caliber revolver. At the time, Shipman had multiple prior felony convictions and had recently been released from prison for selling narcotics. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sherriff’s Office. It was prosecuted by Assistant United States Attorney John Cannizzaro. The forfeiture will be handled by Assistant United States Attorney Mai Tran. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.


title: SWGA Man Sentenced to Prison Resulting from Armed Drug Trafficking Investigation

component: Criminal - Narcotic and Dangerous Drug Section

body_text: ALBANY, Ga. – A Southwest Georgia resident with a criminal record who admitted to distributing heroin resulting from an armed drug trafficking investigation was sentenced to prison for his crime. Alexander Brown, Sr. aka “Poochie,” 48, of Albany, was sentenced to serve 120 months in prison to be followed by four years of supervised release by U.S. District Judge Leslie Abrams Gardner on March 30, after he previously pleaded guilty to distribution of heroin. There is no parole in the federal system. “Armed repeat offenders remain a high priority for our office and our law enforcement partners,” said U.S. Attorney Peter D. Leary. “I appreciate the hard work and cooperation that resulted in this conviction and sentencing.” “The combination of drugs and guns is destructive in so many ways to our communities,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Our agents focus daily on getting repeat offenders like Brown off our streets. The FBI and the partners we work with are committed to stopping these destructive drug operations flowing through our state.” “Illegal drugs and guns are dangerous and threaten the safety of Georgia communities. The GBI is committed to working with our partners to investigative drug and gun dealing. Thank you to the U.S. Attorney’s Office for prosecuting this defendant, making the Albany area safer,” said GBI Director Mike Register. According to his plea agreement and court records, the GBI began investigating Brown in Jan. 2021 for distributing heroin; multiple recorded purchases of narcotics from Brown occurred during the course of the investigation. On Sept. 15, 2021, an undercover agent went to Brown’s apartment on Maryland Drive in Albany. Brown offered to get the agent fully automatic AR-15 rifles, which he described as ghost guns without serial numbers. Brown also sold the agent heroin. On Oct. 14, 2021, GBI and FBI agents purchased a rifle from Brown at a residence on Askew Drive in Dawson, Georgia. A search warrant of the Askew Drive residence was executed on Nov. 2, 2021. Agents recovered heroin, methamphetamine and fentanyl, in addition to drug distribution paraphernalia and $12,000. Brown has a criminal history with convictions in Dougherty County, Georgia, Superior Court, including a conviction for possession with intent to distribute oxycodone. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities and measuring the results. This case was investigated by GBI and FBI. Criminal Chief Leah McEwen prosecuted the case for the Government.


title: Fayetteville Man Sentenced to More Than 8 Years in Prison for Firearm Charge

component: USAO - North Carolina, Eastern

body_text: RALEIGH, N.C. – A Fayetteville man was sentenced today to 105 months imprisonment followed by 36 months of supervised release. Kevin Anthony Harmer, 32, of Fayetteville, North Carolina pled guilty on December 22, 2022, to Possession of a Stolen Firearm. According to court documents and other information presented in court, on May 5, 2021, officers with the Fayetteville Police Department responded to a domestic violence call. Harmer was found near the residence with a loaded 9mm firearm in his waistband. While out on bond for that offense, Harmer was engaged in a verbal altercation with another man at a tobacco store in Fayetteville. During the altercation, Harmer shot the other man in the foot. That firearm was reported stolen by Harmer’s fiancé’s father. Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after the sentencing was concluded. U.S. District Judge James C. Dever III presided over the sentencing. The Bureau of Alcohol, Tobacco, Firearms and Explosions along with the Fayetteville Police Department investigated the case and Assistant U.S. Attorney Charity Wilson prosecuted the case. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:22-CR-00085-D.


title: Former St. Louis Police Employee Admits Injuring Jail Inmate

component: Federal Bureau of Investigation (FBI)

body_text: ST. LOUIS – A former police department employee in St. Louis, Missouri on Monday admitted injuring a handcuffed jail inmate. Edward Lamar Barber, 42, was a prisoner processing clerk at St. Louis’ City Justice Center at the time. On July 11, 2019, after an inmate, “M.J.,” struck another clerk, a corrections officer used pepper spray and placed M.J. on the floor, Barber’s plea agreement says. M.J. became compliant, was handcuffed and then Barber and the corrections officer took M.J. to a cell. M.J. did not have any injury to his face when he went into the cell, Barber admitted in his plea. While in the cell, Barber “put his hands on M.J. and forced him to the ground. As a result, M.J. suffered fractures to his nose and orbital wall,” the plea agreement says. Barber pleaded guilty Monday in front of U.S. District Judge Sarah E. Pitlyk to one felony count of deprivation of rights under color of law, a civil rights charge. Barber admitted willfully violating M.J.’s right to be free from unreasonable force. Barber is scheduled to be sentenced July 6. The crime carries a maximum penalty of 10 years in prison, a $250,000 fine, or both. The case was investigated by the St. Louis Metropolitan Police Department and the FBI. Assistant U.S. Attorney Christine Krug is prosecuting the case.


title: Four Miami Residents Indicted for their Alleged Role in a Wire Fraud Scheme to Defraud the Federal Government

component: USAO - Florida, Southern

body_text: MIAMI – A federal grand jury has indicted, Maylin Salado Garcia, “Salado Garcia,” 34, Niubis Garcia, “Niubis Garcia,” 52, Oscar Enrique Pujadas, “Pujadas,” 32, and Sirce Rodriguez Rosales, “Rosales,” 38, residents of Miami, Fla., for their alleged participation in a wire fraud scheme to defraud the federal government out of more than $250,000 of funds intended for workforce development programs. The charges include conspiracy to commit wire fraud, wire fraud, conspiracy to commit theft of government funds, theft of government funds, theft concerning programs receiving federal funds, and aggravated identity theft. According to the indictment, the defendants and their co-conspirators allegedly executed a scheme to enrich themselves by obtaining reimbursement of monies from federally funded programs and depositing the reimbursed federal funds into personal and corporate bank accounts they controlled for their own personal use. In furtherance of the scheme, the defendants and their co-conspirators used stolen personal identifying information (PII) to create false and fraudulent employee files (“participant files”) and wage records. These fake participant files and wage records were used as proof of employment showing that individuals were employed at companies the defendants and their co-conspirators owned and controlled, as well as other companies. According to court documents, Salado Garcia worked at Transition, Inc., a not-for-profit corporation located in Miami-Dade County; first as a program supervisor, and then as executive director. Transition received federal grants of money through the state of Florida, which were used to provide job training and placement services in the community. Transition worked with, for example, the Miami-Dade County Corrections and Rehabilitation Department’s (MDCR) Boot Camp Reentry Program, a federally funded program designed to provide education and training to inmates transitioning out of prison. From around April 2017 and February 2019, while employed at Transition, Salado Garcia allegedly created participant files and wage records using stolen PII to obtain federal funds for work that was never performed and, in some cases, to employees who were not employed at listed companies, and the few that did, received lower hourly wages than what Salado Garcia recorded in the participant files. It is also alleged that Salado Garcia represented in the participant files that the employees purportedly worked at companies owned by her co-conspirators; her mother, Niubis Garcia, and her significant other, Pujadas. Additionally, Salado Garcia entered false payroll information into the Transition’s web-based payroll processor, including bank accounts owned by her and her co-conspirator, Rosales, to receive direct deposit payments from the federally funded programs which were intended for the purported employees. In addition, Rosales provided Salado Garcia with stolen PII to create the fraudulent participant files, while Pujadas also cashed the fraudulently obtained reimbursement checks at a check cashing store. Salado Garcia, Niubis Garcia, and Rosales made their initial appearances last week before U.S. Magistrate Judge Otazo-Reyes. If convicted, Salado Garcia faces a maximum sentence of up to 87 months in addition to 24 months consecutively in prison, Niubis Garcia faces a maximum sentence of up to 51 months in prison, and Rosales faces a maximum sentence of up to 57 months in prison. U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Mathew Broadhurst of the U.S. Department of Labor Office of Inspector General (DOL-OIG), Southeast Region, announced the charges. DOL-OIG investigated the case, with assistance from Miami-Dade County Office of the Inspector General. Assistant U.S. Attorney Yisel Valdes is prosecuting the case. Assistant U.S. Attorney Annika Miranda is handling asset forfeiture. An indictment contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 23-cr-20116. ###


title: Former Idaho Transportation Department Skills Tester Pleads Guilty to Receiving Bribes in Exchange for Passing Scores on Commercial Driver’s License Skills Tests

body_text: BOISE – Kelly Nathaniel Goodman, 71, of Gooding, Idaho, pleaded guilty to honest services wire fraud, U.S. Attorney Josh Hurwit announced today. According to court records, to obtain a commercial driver’s license (CDL) in Idaho, an applicant must, among other requirements, receive a passing score from a CDL skills test examiner. The Idaho Transportation Department (ITD) contracts with third-party CDL skills test examiners to administer CDL skills tests in Idaho. Since the 1990s until late 2021, Goodman was an Idaho CDL skills test examiner. Goodman, however, engaged in a scheme and artifice to defraud ITD’s right to honest services while serving as an Idaho CDL skills tester. Without the knowledge or permission of ITD, Goodman accepted bribes in return for providing passing scores on Idaho CDL skills tests. Goodman specifically pleaded guilty to receiving a bribe on August 31, 2021, in return for giving an individual a passing score on an Idaho CDL skills test. Between December 2017 and May 2020, Goodman accepted numerous bribes in exchange for giving passing scores on Idaho CDL skills tests. During that time, Goodman received at least $38,000 in bribes in exchange for giving passing scores on Idaho CDL skills tests. Goodman is scheduled to be sentenced on June 22, 2023, and faces a maximum penalty of 20 years in federal prison and a $250,000 fine. As part of a plea agreement, Goodman agreed to pay restitution to the Idaho Transportation Department and U.S. Department of Transportation, and to pay a forfeiture money judgment of at least $38,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. U.S. Attorney Hurwit credited the cooperative efforts of the Federal Bureau of Investigation and U.S. Department of Transportation—Office of Inspector General, which led to the charges. ###