title: Greenbelt Man Pleads Guilty to Federal Drug and Firearms Charges, Including Illegal Possession of a Machinegun

component: USAO - Maryland

body_text: Greenbelt , Maryland – Donald Fortune, Jr., age 19, of Greenbelt, Maryland, pleaded guilty yesterday to federal charges for illegal possession of a machinegun, possession with intent to distribute oxycodone and fentanyl, and possession of a firearm in furtherance of a drug trafficking crime. The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Malik Aziz of the Prince George’s County Police Department (“PGPD”). According to his guilty plea, law enforcement began investigating Fortune in April 2022 for suspected firearms and drug trafficking offenses. As part of the investigation, PGPD detectives monitored public posts from Fortune’s social media account where he displayed firearms and advertised drugs for sale. Based on their investigation, including the social media posts, PGPD detectives obtained a search warrant for Fortune’s apartment. On June 2, 2022, law enforcement was conducting surveillance outside Fortune’s apartment building in preparation for executing the warrant. In the late morning, Fortune was seen exiting the building and approaching a silver Honda Civic. Fortune removed a large bag of blue pills, suspected to be oxycodone, from a Gucci bag that he was wearing. Fortune engaged in a suspected hand-to-hand drug transaction with the driver of the Civic. Fortune then placed the pills back in the Gucci satchel and returned to his apartment. A short time later, Fortune left the apartment building accompanied by a woman. He was wearing the Gucci satchel across his chest and had his right hand in the satchel as he walked, consistent with having a firearm inside the satchel. Fortune and the woman got into a rideshare and the vehicle drove away. PGPD police conducted a traffic stop a short time later and observed Fortune reach down toward his feet. Officers asked Fortune, who was still wearing the Gucci satchel, to step out of the vehicle and officers observed a .40-caliber semi-automatic pistol on the floorboard where Fortune had been seated. The gun was loaded with one round in the chamber and 21 rounds in an extended magazine and was equipped with a full auto selector switch on the rear of the handgun slide, making it a machinegun under federal law. A search of the Gucci satchel recovered a large bag containing 232 30mg blue pills, later found to be counterfeit oxycodone pills containing fentanyl. Officers also recovered $790 in cash from Fortune. Fortune was arrested and charged in Prince George’s County. He was held for 12 days before being released on June 14, 2022, pending trial. Fortune admitted that he continued to sell drugs and possess firearms after his release, including coordinating a drug deal around a court appearance. Fortune switched to using a second social media account in mid-July 2022, believed by investigators to be an effort to evade law enforcement. Investigators began monitoring this account, where Fortune continued to advertise pills for sale and display firearms, despite being on pretrial release. For example, on July 26, 2022, investigators observed a public-facing live video that was streaming from Fortune’s second social media account, which showed Fortune smoking a suspected marijuana cigarette, flashing two prescription bottles, and holding an AR-style pistol. Fortune then turned the camera around to show a table display of at least six firearms, including two AR-style pistols, one handgun with an extended magazine, and one handgun with a suspected full-automatic switch, with cash fanned out in front of the firearms. As detailed in the plea agreement, that evening, PGPD officers were on patrol in the 6400 block of Pennsylvania Avenue in District Heights, Maryland and saw Fortune smoking marijuana on the sidewalk in front of a residence. As the officer was parking his car in the parking lot, he saw Fortune walk behind a pick-up truck and throw an item under the truck, then walk away from the area. Believing Fortuned had discarded a firearm or contraband, the officer got out of his unmarked police cruiser to speak with Fortune, who continued to walk away. As the officer got closer, Fortune began running and was apprehended a short distance away. Another officer arrived and stayed by the location where Fortune had been seen throwing something. A search of the area recovered a privately manufactured 5.56 caliber semi-automatic AR-15 style pistol with no serial number, also known as a “ghost gun.” The gun was loaded with 30 rounds of ammunition in the magazine and one in the chamber. Officers searched Fortune and recovered two pill bottles containing 16 real or counterfeit oxycodone pills. The pills were tested and eight were found to contain approximately 5mg of oxycodone each and the rest were found to be counterfeit oxycodone pills that contained fentanyl. Fortune and the government have agreed that, if the Court accepts the plea agreement, Fortune will be sentenced to between seven years and 10 years in federal prison. U.S. District Judge Theodore D. Chuang has scheduled sentencing for November 3, 2023, at 9:30 a.m. 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. United States Attorney Erek L. Barron commended the FBI’s Cross Border Task Force and the Prince George’s County Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Patrick D. Kibbe, and Special Assistant U.S. Attorney Joshua A. Rosenthal, who are prosecuting the case. For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach . # # #


title: St. Louis County Man Sentenced to 10 Years in Prison, Ordered to Pay $66,000 to Child Pornography Victims

component: Federal Bureau of Investigation (FBI)

body_text: ST. LOUIS – U.S. District Judge Ronnie L. White on Tuesday sentenced a man from St. Louis County, Missouri who possessed more than 63,000 images and videos containing child pornography to 10 years in federal prison. Judge White also ordered Christopher D. Cotton, 33, to pay $66,000 in restitution to known victims who appeared in Cotton’s collection. In letters to the court, victims wrote about the pain that defendants like Cotton continue to cause them and the fear that they will be recognized by someone who has seen the pictures. One who uses the pseudonym Andy wrote, “My sexual abuse occurred from the ages of 6-12. During this time my victimization was documented and shared across the country, and is continuously being shared.” “I feel that every single criminal that is found with mine or another child’s images should be held accountable for the highest amount possible to help us victims repair our lives,” Andy wrote. The parents of another wrote, “Aside from the horrible truth that my daughter was horrifically abused from the ages of four to seven and her innocence was literally stolen, one of the ongoing concerns that plagues my child is that literally any person she meets on the street (or any teenage boy in her class) might have seen photos of her being cruelly debased and abused.” The victims are notified when their photos are found in the possession of a defendant. One victim said 22,000 notifications had been received in her case. Another wrote, “Each victim notification envelope represents someone who sexually enjoys seeing me hurt…. When a market exists for child pornography, it will continue. I am constantly victimized, knowing the awful truth that I can never escape these photos.” “I am so angry that the images are out there and can’t be taken down. I feel like the images will always be out there. I think I am too broken to be fixed,” another wrote. Cotton pleaded guilty in U.S. District Court in St. Louis in April to one count of receiving child pornography and admitted uploading files containing child pornography to Dropbox. That triggered a report to the National Center for Missing and Exploited Children and sparked an investigation. On July 13, 2022, law enforcement officers executed a court-approved search warrant at Cotton’s home in St. Louis County near Florissant. Cotton admitted both viewing and collecting child pornography. He also told officers that he’d received child pornography from “maybe fifteen or more” minors with whom he had contact via social media, the youngest of which Cotton said was 13 years old. Investigators would later find a total of at least 16,677 images and 46,414 videos of child pornography stored online and on Cotton’s electronic devices, including a laptop and three cell phones. The case was investigated by the St. Louis County Special Investigations Unit, the St. Charles County Cybercrime Task Force and the FBI. Assistant U.S. Attorney Jillian Anderson prosecuted the case. This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc .


title: Justice Department Announces Settlement with J.R. Simplot to Improve Hazardous Waste Management and Reduce Emissions at Idaho Facility

component: Energy and Natural Resources Division

body_text: BOISE – The Justice Department and the U.S. Environmental Protection Agency today announced a settlement with J.R. Simplot Company involving Simplot’s Don Plant manufacturing facility located near Pocatello, Idaho. The settlement resolves allegations primarily under the Resource Conservation and Recovery Act (RCRA) at the facility, including that Simplot failed to properly identify and manage certain waste streams as hazardous wastes. The settlement requires Simplot to implement process modifications designed to enable greater recovery and reuse of phosphate, a valuable resource. The settlement also requires Simplot to ensure that financial resources will be available when the time comes for environmentally sound closure of the facility. Simplot will also pay a civil penalty of $1.5 million. “After our 2020 settlement with Simplot’s phosphoric acid and fertilizer plant in Wyoming, we are pleased to reach this settlement with Simplot’s other major phosphoric acid and fertilizer operation at the Don Plant in Pocatello, Idaho,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This proposed consent decree will comprehensively address the waste management, air emissions and reporting issues EPA identified with respect to the Don Plant’s operations.” Simplot’s Don Plant facility manufactures phosphate products for agriculture and industry, including phosphoric acid and phosphate fertilizer, through processes that generate large quantities of acidic wastewater and a solid material called phosphogypsum. The phosphogypsum is deposited in a large pile known as a gypstack, and acidic wastewater is discharged to the gypstack. The gypstack, which has a capacity to hold several billion gallons of acidic wastewater, was fully lined in 2017 in accordance with a previous consent orders Simplot entered into with the State of Idaho and the United States. The settlement also resolves alleged violations of the Clean Air Act (CAA) that relate to fluoride emissions from the facility, and of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) that relate to reporting and notification requirements for hazardous substances and toxic chemicals. “This is an important settlement which reduces the environmental impacts from one of the leading fertilizer manufacturers,” said Acting Assistant Administrator Larry Starfield of the EPA Office of Enforcement and Compliance Assurance. “This settlement advances EPA’s goals by creating environmentally beneficial waste management practices and ensures that the U.S. taxpayer will not be responsible for future costs associated with closure of this facility. Additionally, this settlement ensures that any future expansion of Simplot’s operations will be conducted according to strict requirements to minimize impacts to surrounding communities, including the Fort Hall Indian Reservation.” Under the settlement, Simplot agrees to implement specific waste management measures it has valued at nearly $150 million. Significantly, these measures include extensive new efforts to recover and reuse the phosphate content within these wastes and avoid their disposal in the gypstack. Simplot will implement requirements that ensure gypstack stability and containment that will protect the environment even should climate change result in more severe weather events. The settlement also includes a detailed plan setting the terms for the future closure and long-term care of the gypstack. The settlement requires Simplot to immediately secure and maintain approximately $108 million in dedicated financing to ensure that funding will be available when the facility is eventually closed. Simplot also agrees to cease operation of the facility’s cooling towers no later than June 27, 2026, and replace them with one or more newly constructed cooling ponds, which will significantly reduce fluoride emissions to the air. Additionally, Simplot agrees to submit revised Toxic Release Inventory forms for the years 2004-2013 that include estimates of certain metal compounds manufactured, processed or otherwise used at the facility. In addition to paying the $1.5 million civil penalty, Simplot is providing $200,000 in funding for environmental mitigation work that will be administered by the Idaho Department of Environmental Quality in conjunction with the City of Pocatello and the Shoshone-Bannock Tribes. The mitigation work will address habitat degradation on the Portneuf River that has resulted in part from excess phosphorus releases, especially from the facility’s formerly unlined gypstack. “This settlement will bring important benefits to Idaho and the communities that have been affected by the Don Plant’s operations,” said Josh Hurwit, U.S. Attorney for the District of Idaho. “We are grateful that our state partner, the Idaho Department of Environmental Quality, helped formulate and will oversee work that Simplot will fund to mitigate the impacts of its phosphate operations on water quality and the environment along the Portneuf River, working in cooperation with both the Shoshone-Bannock Tribes and the City of Pocatello.” EPA previously required through judicial and administrative settlements at 14 phosphate fertilizer facilities across the U.S. extensive injunctive relief, requiring the companies to establish financial assurance and bring their operations into compliance with RCRA. A consent decree formalizing the settlement was lodged today in the U.S. District Court for Idaho and is subject to a 30-day public comment period and approval by the federal court. For a copy of the consent decree, visit www.justice.gov/enrd/consent-decrees . ###


title: California Doctor and Medical Practice Agree to Pay $11.4 Million to Resolve False Claims Act Allegations Relating to Skin Biopsies, Spine Surgeries, and Urine Drug Testing

component: USAO - California, Eastern

body_text: SACRAMENTO, Calif. — Lags Spine & Sportscare Medical Centers Inc. (Lags Medical) and Francis P. Lagattuta M.D., the owner and medical director of Lags Medical, have agreed to pay $11,388,887 to resolve allegations that they violated the False Claims Act by submitting millions of dollars of false claims to Medicare, Medi-Cal, and the Oregon Medicaid program for medically unnecessary skin biopsies, spinal cord stimulation surgeries, and urine drug testing, U.S. Attorney Phillip A. Talbert announced today. Skin Biopsies The settlement resolves allegations that, from 2016 to 2021, Lagattuta and Lags Medical performed medically unnecessary skin biopsies to test patients for small fiber neuropathy. As part of the settlement, Lagattuta and Lags Medical acknowledged that Lagattuta created what he named an “Artificial Intelligence Team” of non-provider staff who were required to order at least 150 skin biopsies per week for patients without the consent of the patients’ treating providers at Lags Medical. Each biopsy order stated that the patient had identical symptoms of small fiber neuropathy, yet those symptoms were generally inconsistent with those patients’ actual symptoms. Lagattuta and Lags Medical also acknowledged as part of this settlement that, if a patient refused a skin biopsy, Lags Medical told the patient that they would reduce their opioid medication and instructed the patient’s provider to immediately taper the patient’s medication. Spinal Cord Stimulation Surgeries The settlement also resolves allegations that, from 2018 to 2021, Lagattuta and Lags Medical performed medically unnecessary surgeries to implant spinal cord stimulators, which is an invasive surgery of last resort for the treatment of chronic pain. Lagattuta paid a psychiatrist to state to Medicare and Medicaid insurers that the psychiatrist had performed a necessary psychological evaluation on each patient prior to receiving the surgery and that the patient did not have any preexisting psychological or active substance abuse disorders that would adversely affect their response to the surgery. But Lagattuta and Lags Medical knew that the psychiatrist did not perform in-person psychological evaluations of any patients and ignored indications that many patients suffered from psychological or substance use disorders before receiving spinal cord stimulation surgery. Urine Drug Testing Finally, the settlement resolves allegations that, from 2017 to 2021, Lagattuta and Lags Medical performed medically unnecessary definitive urine drug testing, which identifies the concentration of specific medications, illicit substances, and metabolites in urine samples. Blanket orders of urine drug testing—identical orders for all patients without regard to each patient’s individualized medical necessity for the test—are not covered by Medicare. Lagattuta and Lags Medical acknowledged that they made identical orders of urine drug tests for all patients to be tested every four months and ordered the maximum number of drug panels for each patient, using Healthcare Common Procedure Coding System Code G0483. Lags Medical’s CEO stated to Lagattuta that performing urine drug tests on all their patients “[s]hould be a big money maker” and called it “Operation GO483!” When a new consultant for Lags Medical told Lagattuta that it was “medically unnecessary but also wasteful” to order the maximum number of drug panels for each patient, Lagattuta directed a Lags Medical executive not to contact the consultant “because she might report us. For anything.” The United States alleges that Lagattuta’s and Lags Medical’s conduct relating to these three procedures violated the False Claims Act. The settlement amount of $11,388,887 is based on Lagattuta’s and Lags Medical’s ability to pay and includes proceeds from Lagattuta’s sale of a remotely operated underwater vehicle. As part of the settlement. Lagattuta has also agreed to a voluntary exclusion from federal health care programs for five years. “Dr. Lagattuta and Lags Medical engaged in a brazen scheme to defraud Medicare and Medicaid of millions of dollars by inflicting unnecessary and painful procedures on patients whom they were supposed to be relieving of pain,” said U.S. Attorney Talbert. “The United States Attorney’s Office and our law enforcement partners will use all of the tools at our disposal to stop fraud against federal health care programs and prevent patient harm.” “Thousands of Medi-Cal patients trusted Dr. Lagattuta to take away their pain,” said Attorney General Bonta. “Instead he exploited their trust by carrying out arrays of unnecessary tests and billing for them over the objections of the doctors he employed. Billing for services that providers know are unnecessary undermines the quality of care that patients receive, and increases the costs to the Medi-Cal program. I am grateful to the U.S. Attorney’s Office for their partnership in this effort to hold Dr. Lagattuta to account. My office remains committed to pursuing justice against those who seek to abuse the Medi-Cal system for their own benefit.” “Health care providers, including physicians, who perform medically unnecessary procedures to boost profits undermine the public’s trust in the health care system and exploit taxpayer-funded programs,” stated Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, HHS-OIG is committed to protecting the health of patients and the integrity of federal health care programs serving them.” The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Steven Capeder, Lags Medical’s former operations director and marketing director. 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 and California ex rel. Steven Capeder v. Francis P. Lagattuta, M.D., Lagz Corporation, Spine & Pain Treatment Medical Center of Santa Barbara, Inc., and LAGS Spine & Sportscare Medical Centers, Inc. , No. 2:18-cv-2928 KJM KJN (E.D. Cal.). As part of the settlement announced today, Capeder will receive approximately $2.1 million. The investigation was conducted with the California Department of Justice, the U.S. Department of Health and Human Services, Office of the Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Defense, Defense Criminal Investigative Service. lagattuta_agreement_fully_executed_final.pdf


title: Ohio Financial Planner Pleads Guilty to Promoting  Illegal Charitable Contribution Tax Scheme

component: Tax Division

body_text: A financial planner from the Cleveland-area pleaded guilty today to conspiracy to defraud the United States and assisting in the filing of a false tax return. According to court documents and statements made in court, Rao Garuda, the President and Chief Executive Officer of Associated Concepts Agency, Inc. (“ACA”), engaged in a scheme -- known as the Advanced Legacy Plan or the Ultimate Tax Plan -- to assist high-income individuals in unlawfully reducing their taxes using a plan organized, marketed and sold by a coconspirator, Individual A. ACA’s former Chief Operating Officer previously pleaded guilty to conspiracy to defraud the United States on Sept. 26, 2022. To accomplish the scheme, Garuda, Individual A, and other coconspirators instructed clients to (a) transfer assets to an LLC in exchange for 100% ownership interest in the LLC, (b) assign the 100% ownership interest to a charity controlled by co-conspirators, and (c) claim a charitable contribution tax deduction for the purported donation. Garuda and others marketed the scheme as a way for clients to receive the tax deduction without relinquishing control over the LLC or its assets. After executing the scheme, clients could access the assets inside the LLCs through tax-free loans. Garuda marketed the scheme despite being warned by several attorneys over the years that the scheme was illegal, such as one attorney describing the scheme as “clearly fraudulent.” Garuda, Individual A, and others also assisted clients in claiming charitable contribution tax deductions after the close of the tax year by backdating documents to make it look as if clients executed the scheme in a prior year. To do so, Garuda and others directed clients to use preexisting LLCs (sometimes referred to as “Shelf LLCs”) that Individual A had created and formed at the end of the prior year and backdate documents to make it appear as if the clients owned and assigned ownership interests in the Shelf LLCs in the prior year. For his role in the scheme, Garuda caused or intended to cause a tax loss of more than $2.7 million, which he agreed to pay back as restitution to the United States. After the Department of Justice filed a civil lawsuit against Individual A in 2018 to stop Individual A from organizing, marketing, and selling the scheme, Garuda, Individual A, and other coconspirators sought to obstruct the case by providing clients with false, backdated documents to turn over to the government in response to civil subpoenas. Garuda is scheduled to be sentenced on Nov. 14, 2023, and faces a maximum penalty of five years in prison for conspiracy to defraud the United States and three years in prison for the false return count. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Michelle M. Baeppler of the Northern District of Ohio made the announcement. IRS-Criminal Investigation is investigating the case. Assistant Chief Michael Boteler and Trial Attorneys Casey S. Smith and Andrew Ascencio of the Justice Department’s Tax Division and Assistant U.S. Attorney Elliott Morrison of the Northern District of Ohio are prosecuting the case.


title: Father and Son Indicted in Miami for Conspiracy to Distribute Controlled Substances and Firearms

component: USAO - Florida, Southern

body_text: MIAMI – Ahmed Subni Wadi (Ahmed Wadi), 49, and his son Ramzi Ahmed Wadi (Ramzi Wadi), 21, both from Miami, Florida, have been indicted in federal court with conspiracy to distribute controlled substances and dealing firearms without a license. According to the indictment and underlying criminal complaint affidavit, in November 2022, Ahmed Wadi sold a firearm with an obliterated serial number and multiple grams of oxycodone to someone in the parking lot of a mall. During the sale, an individual serving as Ahmed Wadi’s bodyguard told the purchaser that he was armed and there for Ahmed Wadi’s protection. The charging documents also allege that on April 7, Ahmed Wadi sold two semi-automatic firearms and multiple grams of oxycodone laced with fentanyl to someone at the business where both defendants work. Ahmed Wadi also offered to sell the person a machine gun and silencer. It is alleged that later that month, Ramzi Wadi completed that transaction on his father’s behalf – selling the person a machine gun, silencer, and multiple grams of oxycodone laced with fentanyl. It is alleged that Ramzi Wadi was carrying a firearm during this sale, says the indictment. On June 6, law enforcement officers executed a search warrant at the defendants’ business and residence. According to statements made in court, law enforcement officers recovered over 30 firearms, suspected cocaine, marijuana, and pill bottles containing suspected oxycodone laced with fentanyl. If convicted of all charges, defendants face up to 25 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, and Interim Special Agent in Charge Eli Lawson of the Florida Department of Law Enforcement (FDLE), made the announcement. ATF Miami Field Office and FDLE investigated the case. Assistant U.S. Attorney Stefan Diaz Espinosa is prosecuting it. Assistant U.S. Attorney Jorge Delgado is handling asset forfeiture. 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. 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-20286. ###


title: Former Maui Jim Employee Must Serve Time and Pay Restitution for Mail and Wire Fraud

component: Department of Justice

body_text: PEORIA, Ill. – A Bradford, Illinois, woman, Erica Lynn Hornof, 36, of the 300 block of Enterprise Drive, was sentenced on July 10, 2023, to 12 months and one day of imprisonment, to be followed by three years supervised release, after pleading guilty to three counts of mail fraud and three counts of wire fraud. Hornof must also pay $125,472.48 in restitution to Maui Jim. At the sentencing hearing before U.S. District Judge James E. Shadid, the government presented evidence that Hornof was a long-term employee of Maui Jim. While employed as a lead Frame Repair Trainer, Hornof stole Maui Jim parts from the repair area to make sunglasses, packaged them with a cleaning cloth and warranty card, used her personal FedEx account to create shipping labels, and then shipped them through the Maui Jim mailroom. She sold the sunglasses to two buyers who then sold the sunglasses on websites. The evidence established that over the 16-month period that Hornof was selling the sunglasses, she received $104,860 from the two buyers. In a later statement to Federal Bureau of Investigation special agents, Hornof said that the individuals did not know that the sunglasses were stolen. Judge Shadid found that she was responsible for selling approximately 2,996 pairs of sunglasses, each valued at $250, for an intended loss of $749,000 to Maui Jim. Hornof was indicted in August 2022 and released on a personal recognizance bond with conditions of pre-trial supervision. She entered a guilty plea to all six counts in March 2023. Judge Shadid ordered Hornof to report to the designated prison by 2:00 pm on September 19, 2023. The statutory penalties for each of the mail and wire fraud counts are up to 20 years’ imprisonment and up to a $250,000 fine, to be followed by up to three years of supervised release. The Federal Bureau of Investigation, Springfield Field Office – Peoria Resident Agency, investigated the case. Criminal Chief Darilynn J. Knauss represented the government in the prosecution.


title: Hitchcock resident gets over 22 years for multiple charges to include enticing minor via Facebook

component: USAO - Texas, Southern

body_text: GALVESTON, Texas – A 55-year-old Hitchcock resident has been ordered to federal prison following his convictions for sexual exploitation of child, receipt and possession of child pornography and the transfer of obscene material to a minor, announced U.S. Attorney Alamdar S. Hamdani. Luke Allen Gregory pleaded guilty July 7, 2022. U.S. District Judge Jeffery V. Brown has now ordered him to serve 270, 120, and 120 months for the production, possession and receipt of child pornography convictions, respectively, as well as another 120 months for the transfer of obscene material. They will run concurrently for a total 270-month-term of imprisonment. At the hearing, the court heard through how Gregory had manipulated the minor victim in this case by threatening to kill himself and his daughter when she had tried to end the relationship. He had also sent a photo with a gun to his head. Gregory will serve the rest of his life on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender. “Gregory manipulated a minor for the purpose of his deviant sexual desire,” said Hamdani. “To make it even worse, that young female was a relative. If he could do that, he is capable of so much more. Thankfully, the sentence imposed today will eliminate that possibility of danger to our kids. Gregory’s actions also serve as a reminder to us as parents to be diligent in monitoring our children’s social media activity.” Gregory came to the attention of law enforcement in October 2019. Facebook reported to the National Center for Missing and Exploited Children that someone was utilizing their social media platform to entice a minor to produce and distribute files depicting child pornography. The investigation revealed Gregory owned that account. On Oct. 10, 2019, law enforcement executed a federal search warrant at Gregory’s residence in Hitchcock. Law enforcement seized his electronic devices to include his cellphone. Forensic analysis resulted in the discovery of multiple images of the minor in which her genitals were displayed in a lewd and lascivious manner. Gregory admitted he had been texting and engaging in sexual conversations with a minor female, whom he knew had just turned 16 years of age and was a relative. Gregory stated that the two of them had exchanged nude images of each other. The victim also told this to law enforcement. She also stated Gregory had gotten her name tattooed on his right thigh. Gregory will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Homeland Security Investigations – Galveston, Pearland Police Department and the Houston Metro Internet Crimes Against Children task force conducted the investigation. Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page . For more information about internet safety education, please visit the resources link on that page.


title: South Bend Man Sentenced to 228 in Prison

body_text: SOUTH BEND – Archie Taylor, 37 years old, of South Bend, Indiana, was sentenced by United States District Court Judge Damon R. Leichty after pleading guilty to 3 counts of robbery affecting commerce, 1 count of bank robbery, and 1 count of brandishing a firearm during a crime of violence, announced United States Attorney Clifford D. Johnson. Taylor was sentenced to 228 months in prison, 3 years of supervised release and ordered to pay $5999 in restitution. According to documents in the case, over the course of a week in September 2022, Taylor robbed 3 convenience stores and a bank in the Elkhart and Mishawaka areas. During all of the robberies, Taylor pointed a handgun at the convenience store clerks and bank employees. He robbed each location of either cash or merchandise. This case was investigated by the Federal Bureau of Investigation with the assistance of the Elkhart Police Department and the Mishawaka Police Department. This case was prosecuted by Assistant United States Attorney Joel Gabrielse. 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 EMT sent to prison for robbery and firearms charges

body_text: HOUSTON - A 30-year-old Houston resident has been sent to prison for a series of armed robberies he committed while brandishing a firearm in September 2020, announced U.S. Attorney Alamdar S. Hamdani. Xavier McCoy-Taylor pleaded guilty to interference with commerce by robbery and brandishing a firearm during a crime of violence Aug. 29, 2022. U.S. District Judge George C. Hanks has now handed McCoy-Taylor a 34-month-term of imprisonment for the robbery as well as another 84 months for each of the firearms charges which must be served consecutively to the other sentence imposed. The total 198-month sentence will be immediately followed by five years of supervised release. At the hearing, the court heard additional evidence that described McCoy-Taylor’s criminal history as well as his former employment as a firefighter. In imposing the sentence, the court noted how McCoy-Taylor was a “wolf in sheep’s clothing” in that he had a loving family and went to work every day at a job where he was entrusted to help the most vulnerable people in the community. Judge Hanks commented that at that same time, he held innocent victims at gunpoint for no apparent reason other than enjoying it. He added that McCoy-Taylor should not be able to walk the streets of Houston for a very long time. "This defendant was an EMT (emergency medical technician) and had every opportunity to be a productive member of society,” said Hamdani. “Instead of serving the public, he decided to endanger it, pointing a gun at pregnant store clerk and then pointing it at a Texas State Trooper. As a result, he will spend the next years taking care of his jail cell instead of his patients.” McCoy-Taylor had previously been employed as an EMT at the Westlake Fire Department. At the time of his arrest, he was employed as a patient care assistant at Memorial Herman Hospital. On Sept. 25, 2020, McCoy-Taylor robbed a CVS on Beechnut Street in Houston. During the robbery, he held the pregnant clerk at gunpoint. As McCoy-Taylor exited the building with his gun still in hand, a Texas state trooper in the parking lot approached and yelled at him to stop. McCoy-Taylor then pointed his firearm at him. The trooper pulled the trigger on his firearm in self-defense, but the gun malfunctioned. McCoy-Taylor then ran down the street, but fell to the ground and dropped his gun. McCoy-Taylor had also brandished a firearm while robbing the gas station attendant at the Murphy USA gas station in Katy earlier that month. He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Texas Department of Public Safety; Fort Bend County Sheriff’s Office and police departments in Katy and Houston conducted the investigation. Assistant U.S. Attorney Britni Cooper prosecuted the case.


title: Macon Man Sentenced to Prison for Brandishing a Firearm at Walmart Customers

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

body_text: MACON, Ga. – A Macon resident with a lengthy criminal history who carried a gun into a Macon Walmart and waved it aggressively at customers was sentenced to serve 84 months in prison. Selma Oliver-Smith, 45, of Macon, was sentenced to serve 84 months in prison to be followed by three years of supervised release by U.S. District Judge Tilman E. “Tripp” Self III on July 10. Oliver-Smith was convicted on April 11 of illegal possession of a firearm by a convicted felon following a two-day trial that began on April 10. “We are thankful that no shots were fired, and no one was hurt when Selma Oliver-Smith—a convicted felon—brandished a firearm inside a Macon store, terrifying customers and employees,” said U.S. Attorney Peter D. Leary. “The penalty is steep for convicted felons who illegally carry guns.” “When offenders such as this use firearms to threaten individuals, ATF takes this very seriously,” said ATF Assistant Special Agent in Charge Beau Kolodka. “ATF remains on the frontline of preventing violent crime along with our law enforcement partners and will continue to pursue those who violate the law.” “Selma Oliver-Smith’s arrest, conviction and sentencing shows that the justice system will not tolerate dangerous career criminals using a firearm to menace innocent shoppers in a busy Walmart,” said Bibb County Sheriff David Davis. According to court documents and evidence presented at trial, Bibb County Sheriff’s Office deputies responded to a call from the Walmart on Harrison Road in Macon on Aug. 17, 2021, about a man aggressively waving a gun at people who approached him inside the store. Because of Oliver-Smith’s criminal record, he was known to officers, and he was located thereafter at a nearby motel. Oliver-Smith was found inside his hotel room, where officers found two firearms hidden inside the toilet bowl tank. One of the firearms, a Jennings Firearms Bryco .380, looked identical to the one in the photo provided by Walmart. Oliver-Smith has a lengthy criminal history to include convictions for burglary, theft by taking and second-degree criminal damage. It is illegal for a convicted felon to possess a firearm. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. The case was investigated by the Bibb County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorneys Sean S. Deitrick and Sonja Profit prosecuted the case for the Government.


title: Detroit Man Pleads Guilty to Conspiring with Former State Contractor to Steal $550,000 in Unemployment Insurance Benefits

component: USAO - Michigan, Eastern

body_text: DETROIT – A Detroit resident pleaded guilty today to engaging in an extensive unemployment fraud conspiracy with a former State of Michigan Unemployment Insurance Agency contract employee, whereby they stole over $550,000 in public funds, announced United States Attorney Dawn N. Ison. Joining in the announcement were Irene Lindow, Special Agent-in-Charge, Great Lakes Region, U.S. Department of Labor-Office of Inspector General; Devin Kowalski, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Detroit Field Office; and Julia Dale, Director of the State of Michigan Unemployment Insurance Agency. William Haynes, 26, pleaded guilty today before United States District Judge Mark A. Goldsmith. Haynes admitted to engaging in a criminal conspiracy with Autumn Mims, a former contract Unemployment Insurance Examiner for the State of Michigan. Mims’s duties included reviewing, processing, and verifying the legitimacy of unemployment insurance claims. Mims previously pleaded guilty to the same charge and is currently awaiting sentencing before Judge Goldsmith. According to court records, shortly after Mims began working with the Michigan Unemployment Insurance Agency in August 2020, she began using her insider access to fraudulently process claims in the names of third parties without their knowledge or authorization. As part of the scheme, Haynes (1) altered direct deposit information for third-party unemployment insurance assistance; (2) accessed third-party unemployment insurance assistance claim information without authorization; (3) completed false and fraudulent certifications for third-party unemployment insurance assistance benefits; (4) opened unauthorized bank accounts in the names of third parties; (5) provided stolen personal identifying information to his co-conspirator, Mims; (6) conducted cash withdrawals of unemployment insurance assistance issued in the names of third parties; (7) conducted financial transactions utilizing unemployment insurance assistance funds issued in the names of third parties; and (8) received non-cash benefits from his involvement in the conspiracy, including rent payments made by his co-conspirator Mims. According to court records, as a result of the conspiracy, over $550,000 in fraudulent unemployment assistance payments were made by the State of Michigan. Haynes has agreed to be held accountable for $448,614 in restitution. Sentencing is set for November 28, 2023, before Judge Goldsmith. Haynes faces up to 20 years’ imprisonment. “We are committed to prosecuting those who engage in schemes to steal public funds,” stated U.S. Attorney Ison. “We will continue working with our law enforcement partners to bring them to justice, whether they are insiders who abuse their positions of trust or outsiders who enable that abuse.” "William Haynes conspired with former Michigan Unemployment Insurance Agency Examiner Autumn Mims to defraud the state of Michigan. Haynes worked with Mims to certify Pandemic Unemployment Assistance (PUA) unemployment insurance (UI) claims he knew were fraudulent. The proceeds from the fraudulent claims were deposited into bank accounts that Haynes and Mims controlled. We will continue to work with our law enforcement partners and state workforce agencies to protect the integrity of the UI system," stated Special Agent-in-Charge Irene Lindow, Great Lakes Region, U.S. Department of Labor, Office of Inspector General. “Haynes used his co-defendant’s official position at the Michigan Unemployment Insurance Agency to steal money from people who were struggling through pandemic-related economic challenges,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “The FBI will continue working alongside our state and federal partners to investigate this type of scheme and bring to justice those who defraud the unemployment system.” “Add William Haynes to the growing list of fraudsters that UIA’s investigators have identified as brazenly violating the trust Michiganders put in an unemployment system that is their lifeline when they lost work,” said Julia Dale, Director of the Michigan Unemployment Insurance Agency. “That Mr. Haynes found a willing accomplice within the UIA to help carry out his devious scheme is also appalling. Today’s guilty plea should put bad actors on notice that the UIA won’t tolerate the theft of public funds. Our nearly 50 convictions so far prove they won’t get away with defrauding taxpayers.” The case is being prosecuted by Assistant United States Attorney Andrew J. Yahkind. The investigation is being conducted jointly by the Department of Labor, Office of Inspector General, Federal Bureau of Investigation, and the Unemployment Insurance Agency, Michigan Department of Labor and Economic Opportunity.


title: Rochester Man Going To Prison On Drug And Gun Charges

component: USAO - New York, Western

body_text: ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Janard D. Warnick, 30, of Rochester, NY, who was convicted of conspiracy to distribute cocaine and possession of firearms in furtherance of a drug trafficking crime, was sentenced to serve 72 months in prison by U.S. District Judge Frank P. Geraci, Jr. Assistant U.S. Attorney Cassie Kocher, who handled the case, stated that Warnick sold cocaine for profit and maintained a Clifford Avenue residence for the purposes of his drug trafficking activities. On February 23, 2022, investigators executed a search warrant at the residence and recovered approximately 61 grams of cocaine, 1.8 grams of fentanyl and acetyl fentanyl, 2 grams of crack cocaine, and drug paraphernalia. In addition, three firearms and a variety of ammunition were also recovered. The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino. # # # #


title: Springfield Man Sentenced to 15 Years for Sexual Exploitation of a Child

component: USAO - Missouri, Western

body_text: SPRINGFIELD, Mo. – A Springfield, Mo., man was sentenced in federal court today for the sexual exploitation of a 14-year-old victim. Jared Neal Gonzales, 26, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years in federal prison without parole. The court also sentenced Gonzales to 10 years of supervised release following incarceration. Gonzales will be required to register as a sex offender upon his release from prison and will be subject to federal and state sex offender registration requirements, which may apply throughout his life. On Nov. 8, 2022, Gonzales pleaded guilty to one count of using a minor to produce child pornography. Gonzales admitted he was in a sexual relationship with a 14-year-old girl. Gonzalez also admitted they used a cell phone to record themselves having sexual intercourse. On at least two occasions, at Gonzales’s request, the child victim used her cell phone to send him videos of the couple engaged in sexual intercourse. Gonzales has also been charged in the Circuit Court of Greene County, Mo., for sexual misconduct involving a child and attempted statutory sodomy in the second degree in relation to this conduct. This case was prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the FBI and the Springfield, Mo., Police Department. Project Safe Childhood This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."


title: Dover-Area Drug Trafficking Organization Charged by Federal Indictment Following State’s Largest Fentanyl Seizure

component: Drug Enforcement Administration (DEA)

body_text: WILMINGTON, Del. – A federal grand jury returned a superseding indictment last week charging three Dover residents and one Middletown resident with conspiring to distribute cocaine, methamphetamine and fentanyl, along with various other drug and gun crimes. The amount of fentanyl seized from this organization represents the largest known fentanyl seizure in Delaware history. According to the superseding indictment, Dwayne Fountain, 51, William Warren, 47, Martin Fountain, 47, and Durell Patton, 44, conspired to distribute drugs from January through May 2023. With respect to Dwayne Fountain, the conspiracy involved more than five kilograms of cocaine, more than 400 grams of fentanyl, and more than five hundred grams of methamphetamine. The superseding indictment also alleges that all four defendants possessed various drugs with intent to distribute. Finally, the superseding indictment charges Dwayne Fountain and Durell Patton with possessing guns on May 17, 2023, despite past criminal convictions which prohibit them from doing so. According to documents filed in court, this case was the result of a long-term investigation spearheaded by the Drug Enforcement Administration, Delaware State Police, and Dover Police Department. Search warrants executed in the case led to the seizure of over 7.5 kilograms of fentanyl, 10 kilograms of powder cocaine, over a kilogram of crack cocaine, about 280 grams of methamphetamine, and 300 grams of xylazine, commonly referred to as “tranq,” an additive commonly mixed with fentanyl. “The threat to public health and safety found in these cases is something that requires policing organizations to share information and resources, in order to protect the vulnerable,” noted Dover Police Chief Thomas A. Johnson, Jr. “It bears repeating that the amount of illicit drugs seized in this operation was enough to potentially kill close to 400,000 people, or, stated another way, roughly 4 in 10 Delawareans. It was great to be a part of such an effective collaboration between Local, State, and Federal law enforcement agencies.” If convicted, Dwayne Fountain faces a mandatory minimum of ten years and a maximum of life in prison. William Warren faces a mandatory minimum of five years and a maximum of forty years in prison. Martin Fountain and Durell Patton face a maximum of twenty years in prison. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. David C. Weiss, U.S. Attorney for the District of Delaware, Thomas Hodnett, Special Agent in Charge for DEA’s Philadelphia Division, and Thomas A. Johnson, Jr., Chief, Dover Police Department made the announcement. Assistant U.S. Attorneys Jennifer K. Welsh and Samuel Frey are prosecuting the case. A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case Nos. 23-46 and 23-49 (CFC). An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.


title: Tax preparer gets 12 years for illegally filing tax returns

body_text: HOUSTON – A local woman has been ordered to federal prison following her convictions on 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. Today, U.S. District Judge David Hittner ordered her to serve 144 months in federal prison to be immediately followed by one year of supervised release. She was also ordered to pay restitution of $71,180. At the hearing, the court heard additional evidence describing her history of failing to pay her own personal taxes, civil fraud penalties associated with them and penalties for failing to use due diligence in preparing tax returns. The total amount Kissentaner owes to the United States from her criminal and civil cases is in excess of $1.9 million. She used some of the monies accrued from the scheme to purchase a Bentley and Maserati as well as for cosmetic surgery. In addition, the court also heard about Kissentaner’s violation of her conditions of release and her failure to cooperate with pre-trial services. “Kissentaner was convicted by a jury for preparing fraudulent tax returns on behalf of her clients and will now spend significant time behind bars,” said Assistant Special Agent-in-Charge Lucy Tan, of IRS Criminal Investigation’s (IRS-CI) Houston Field Office. “She criminally abused her role as a tax return preparer and violated the trust that the American taxpayers have bestowed upon her. We all pay our taxes, but when you decide to cheat, remember, we have a 100-percent conviction rate in our office for criminal tax cases over the past 20 years.” 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, 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. She has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman and Tyler White prosecuted the case.


title: Lee’s Summit Man Pleads Guilty to Stealing $340,000

body_text: KANSAS CITY, Mo. – A Lee’s Summit, Mo., man pleaded guilty in federal court today to stealing more than $340,000 by continuing to collect his grandmother’s veteran survivor benefits following her death almost 30 years ago. Jeffrey L. Tyler, 67, waived his right to a grand jury and pleaded guilty before U.S. District Judge Roseann Ketchmark to a federal information that charges him with one count of the theft of government property. By pleading guilty today, Tyler admitted that he spent $340,934 in veteran survivor benefits from his grandmother’s bank account on his own personal expenses. Tyler’s grandmother received veteran survivor benefits based on her husband’s military service. She died on Nov. 26, 1993, but the benefits continued to be deposited into her bank account. The account received $1,110 per month, a total of $13,320 per year. Tyler was also on his grandmother’s bank account. The bank records show that the money was spent on personal expenses for Tyler, including hundreds of signed checks by Tyler for such items as water and electric bills. The total amount of benefits converted by Tyler was approximately $338,316. Under the terms of today’s plea agreement, Tyler must pay $340,934 in restitution to the government. Under federal statutes, Tyler is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office. This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General – Criminal Investigations Division.


title: Yakima Man Sentenced to 300 Months Imprisonment and Lifetime Supervised Release for Production and Attempted Production of Child Pornography and Possession of Child Pornography

component: USAO - Washington, Eastern

body_text: Yakima, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced today that Miguel Urbina, age 38 of Yakima, Washington was sentenced after pleading guilty to two counts of Production and Attempted Production of Child Pornography and one count of Possession of Child Pornography. United States District Judge Mary K. Dimke imposed a sentence of 300 months imprisonment to be followed by a life term of supervised release. Urbina will also be required to register as a sex offender. According to Court documents, Urbina and another person produced child pornography in February 2007, by surreptitiously making an audio/video recording with a digital video camera concealed in a woman’s purse that was placed inside a bathroom in the Union Gap Mall. This camera captured explicit images and video of minor children using the bathroom. These images and videos were saved to Urbina’s computer hard drive. Then, between November 2008 and November 2009, Urbina, produced and attempted to produce child pornography with an individual who was under the age of eighteen. On April 23, 2020, FBI agents executed a federal search warrant on Urbina’s residence in Yakima, Washington and seized a hard drive containing thousands of images of child pornography. The search warrant also recovered the audio/video recording from the device that was placed inside the bathroom at the Union Gap Mall as well as the explicit recordings Urbina made in 2008 and 2009. “Mr. Urbina’s exploitation of minor children spanned two decades, warranting the strict sentence the Court imposed today,” stated U.S. Attorney Vanessa R. Waldref. “Mr. Urbina surreptitiously recorded unsuspecting children and preserved those materials for his own gratification. Later, he exploited another child, making sexually explicit recordings of that child. I am grateful for the FBI’s intervention and for the incredible efforts of investigators and prosecutors, who devote their careers to keeping children in Eastern Washington safe from those who would prey on the most vulnerable members of our community.” “As a parent and as a law enforcement officer, I am horrified at Mr. Urbina’s blatant pattern of exploiting and victimizing children,” said Richard A. Collodi, Special Agent in Charge of the FBI Seattle field office. “His crimes, which dated back for years, included the use of a concealed camera to produce and store thousands of child sexual abuse images. The digital images child predators create are as lasting as the harm they cause, and we continue to fight with the hope that the consequences will deter a future offender.” This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components: Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children; Participation of PSC partners in coordinated national initiatives; Increased federal enforcement in child pornography and enticement cases; Training of federal, state, and local law enforcement agents; and Community awareness and educational programs. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.” This case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Michael Murphy, Assistant U.S. Attorney for the Eastern District of Washington. 1:20-CR-2049-MKD


title: Walter Pierluisi Isern, Eduardo Pierluisi Isern, and  American Management and Administration Corporation Sentenced for Federal Program Theft in Excess of $3.7 Million

body_text: SAN JUAN, Puerto Rico –Today, United States District Court Judge Camille Vélez Rivé sentenced Walter Pierluisi Isern, Eduardo Pierluisi Isern, and American Management and Administration Corporation (AMAC). The defendants pleaded guilty in April to one count of Theft of Federal Program Funds in relation to the misappropriation of operational funds provided by the United States Department of Housing and Urban Development (HUD) for the administration of public housing projects (PHPs) in Puerto Rico. Defendant Walter Pierluisi Isern was sentenced to serve 43 months of imprisonment, two years of supervised release, and to pay the restitution amount of $2,035,498.86, jointly and severally with AMAC. Defendant Eduardo Pierluisi Isern was sentenced to serve 24 months of imprisonment, two years of supervised release, and to pay the restitution amount of $363,202.28, jointly and severally with AMAC. Defendant AMAC was sentenced to 3 years on probation and to pay the restitution amount of $3,712,000.00, jointly and severally with the co-defendants. All restitution amounts are to be paid to the United States. According to court documents, the defendants were convicted of knowingly and intentionally stealing money from HUD federal assistance programs from 2014 to August 2022 for their own use and the use of others. The total amount of theft was approximately $3,712,000.00. The defendants admitted in their plea agreements that despite AMAC’s fiduciary obligations, Walter Pierluisi Isern and Eduardo Pierluisi Isern used their executive positions within AMAC to operate a fraudulent scheme designed to circumvent that prohibition. In furtherance of that scheme, they illegally caused operational funds from the federal assistance programs to be routed via corporations and individuals they controlled, all to personally enrich themselves. As detailed in the proceedings, Walter Pierluisi Isern created contracts for FiveStar Pest Control, Inc. (FiveStar) and CoolBreeze Air Conditioning, Inc. (CoolBreeze) to provide services to PHPs under AMAC’s management. He then caused multiple payments to be made by FiveStar and CoolBreeze to funnel money to Docu Warehouse, Pier Property, and XY Enterprises, companies controlled and owned by Walter Pierluisi Isern. Through this scheme, Walter Pierluisi Isern illegally obtained approximately $2,035,498.86 in HUD funding that was earmarked for PHP operational expenses. The admissions included the recognition that Eduardo Pierluisi Isern caused checks from FiveStar and CoolBreez to be issued to the names of others, which he then cashed and deposited into his personal bank account for his personal use and benefit. Through this scheme, Eduardo Pierluisi Isern illegally obtained approximately $363,202.28 in HUD funding that was earmarked for PHP operational expenses. AMAC, through its executives and officials, was convicted of illegally diverting a total of $3,712,000 in HUD funding that was earmarked for PHP operational expenses. “As today’s sentences demonstrate, those who attempt to defraud federal programs will be held accountable,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The defendants and their company harmed the integrity of a program designed to help underprivileged homeowners. Today’s sentences send a clear message that any time federal dollars are misused and regardless of who steals taxpayer monies, we will work tirelessly to pursue justice.” “Safeguarding taxpayer funded programs and resources that benefit low-income families in our communities is vital to the success of HUD’s programs,” said HUD OIG Special Agent in Charge, Jerome Winkle. “HUD OIG remains steadfast in its commitment to work closely with Federal prosecutors and law enforcement agencies and state and local partners to aggressively investigate those who threaten HUD programs.” “When unscrupulous individuals scheme to create a contract monopoly, everyone loses,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “The federal government loses because the money, destined to better communities in need, ends up in the pockets of criminals with inflated contract rates. The local government loses because every time federal funds are stolen in this manner; more stringent measures must be implemented to avoid future fraud. But the saddest of losses is the one suffered by the honest entrepreneur. The hard worker with a small maintenance company who puts his savings and the sweat of his brow into his business and doesn’t even get a chance to compete against these criminals for a government contract. The FBI will not allow this to happen without consequence. No one is above the law.” Their co-defendant, David Vélez Hernández, former Director of Finance for AMAC, is scheduled to be sentenced on August 28, 2023. The United States Department of Housing and Urban Development Office of Inspector General investigated this case with the assistance of the Federal Bureau of Investigation. Assistant U.S. Attorney Marie Christine Amy is prosecuting the case. ###


title: West L.A. Man Charged with Running Decade-Long $4.5 Million Timeshare Telemarketing Scheme that Scammed Elderly Victims

component: USAO - California, Central

body_text: LOS ANGELES – A federal grand jury today returned an indictment against a West Los Angeles man who allegedly ran a decade-long telemarketing scam primarily targeting elderly victims that fraudulently obtained more than $4.5 million via false promises to help victims sell or rent their timeshare properties. Michael Alexai Dragunov, 44, whose aliases include “Michael Anthony Farole,” “Michael LeFleur,” “Victor Romano,” and “James Logan,” is charged in the 10-count indictment along with Christopher Michael Lang, 42, of Hays, Kansas, whose aliases include “Scott Graham,” “Don Lewis,” and “Jack Morgan.” Both defendants are charged with one count of conspiracy to commit wire fraud and nine counts of wire fraud in connection with telemarketing and email marketing targeting the elderly. Dragunov was arrested on a federal criminal complaint in this matter on June 28 and was ordered jailed without bond. His arraignment is scheduled for July 18 in United States District Court in downtown Los Angeles. Lang was arrested in Kansas on June 28 and is expected to be arraigned in Los Angeles in the coming weeks. According to the indictment, from August 2013 to June 2023, Dragunov and Lang purported to represent companies that provided advertising and other services to current or former timeshare owners. The companies included Premier Marketing LLC, CML Marketing Specialists Inc., Condo Rental Associates LLC, and Paramount Media LLC. Dragunov and Lang allegedly contacted victims, many of whom were elderly, and, to conceal the fraudulent scheme and their true identities, the defendants also used Skype messaging service phone numbers and used aliases instead of their true names. Victims allegedly were induced to enter into agreements with the defendants’ telemarketing companies – agreements that were formalized in documents that were faxed or sent electronically – by falsely representing that the telemarketing companies would assist the victims with selling or renting their timeshare properties for a “one time” advertising fee. Despite the recurring fees that each victim paid, often reaching the hundreds of thousands over several years, no victim received the timeshare-related services or proceeds promised, the indictment alleges. To dupe victims into sending them more money, Dragunov and Lang allegedly told their victims a series of lies, including that the fees being requested would be refunded or reimbursed to the victims upon completion of the sale or rental of the victims’ timeshare, that the victims still owed taxes on the timeshare properties, and if the victims tried to dispute their payments to the telemarketing companies, the victims would automatically lose their disputes and lose all funds paid and any proceeds from a sale or rental of their timeshares. To create the false impression that the telemarketing companies were legitimate, Dragunov and Lang pretended to be the companies’ customers and engaged in hundreds of phony small transactions with the companies’ payment processing accounts, according to the indictment. Dragunov and Lang also allegedly concealed material facts from the victims, including the fact that their money was being used to personally enrich themselves. If convicted of all charges, Dragunov and Lang would face a statutory maximum sentence of 30 years in federal prison for each count. An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. The FBI and IRS Criminal Investigation are investigating this matter. The Los Angeles County Sheriff’s Department; the Henry County (Ohio) Sheriff’s Department; Hays (Kansas) Police Department; and United States Marshals Service provided substantial assistance. Assistant United States Attorney Julia Hu of the Major Frauds Section is prosecuting this case. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 3 a.m. to 8 p.m. Pacific Time. English, Spanish, and other languages are available. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice .


title: California Man Pleads Guilty to Conspiracy to Distribute Meth by Mail

component: USAO - Iowa, Northern

body_text: A California man, who conspired to distribute methamphetamine by mail pled guilty June 28, 2023, in federal court in Sioux City. James Dean Sterner, age 65, from Tustin, California, was convicted of conspiracy to distribute 500 grams or more of methamphetamine, which contained 50 grams or more of pure methamphetamine. In a plea agreement, Sterner admitted that from August 2019 to October 2019 he conspired to distribute methamphetamine in and around Sioux City, Iowa after receiving the meth via the mail from California. In October 2019, law enforcement found a package mailed to a resident in Sioux City from Sterner containing approximately 319 grams of pure methamphetamine. Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Sterner remains in custody of the United States Marshal pending sentencing. Sterner faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of up to life imprisonment, a $10,000,000 fine, and 5 years up to life of supervised release following any imprisonment. The case is being prosecuted by Assistant United States Attorneys Ron Timmons and Mikala Purdy-Steenholdt, and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl . The case file number is 20-4088. Follow us on Twitter @USAO_NDIA.


title: Ohio Resident Sentenced to 60 Months in Prison for Conspiring to Distribute Cocaine

component: USAO - Pennsylvania, Western

body_text: PITTSBURGH, PA – Kaylor Brown was sentenced to 60 months in prison for conspiring to distribute at least 500 grams of cocaine, United States Attorney Eric G. Olshan announced today. Brown, age 31 of Warren, Ohio, was sentenced by United States District Judge Marilyn J. Horan. Judge Horan ordered that Brown serve four years of supervised release following his prison sentence. Judge Horan also ordered that Brown’s 60-month federal prison sentence be served consecutively to the federal prison sentence he was serving at the time he committed the crime for which he was sentenced in this case. Brown was convicted in this case for conspiring to distribute at least 500 grams of cocaine between January 2020 and January 2021. He committed this cocaine trafficking crime from a federal prison. He was in federal prison as a result of a 70-month sentence that was imposed in 2018 in the Eastern District of Michigan for a prior cocaine trafficking crime. Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States. The Farrell Police Department, the Mercer Police Department, the Federal Bureau of Investigation, the Pennsylvania Attorney General’s Office, and the federal Bureau of Prisons led the investigation that resulted in the conviction and sentence in this case.


title: Cedar Rapids Man Pleads Guilty to Being a Prohibited Person in Possession of a Firearm

body_text: A prohibited person who possessed a firearm pled guilty today in federal court in Cedar Rapids, Iowa. Ethan Porter, age 33, of Cedar Rapids, was convicted of one count of being a prohibited person in possession of a firearm. At the plea hearing, Porter admitted that, in June 2022, he possessed a Taurus pistol while being an unlawful drug user and after having been convicted of three felonies and a misdemeanor crime of domestic violence. Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Porter remains in custody of the United States Marshal pending sentencing. Porter faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment. This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the High Risk Unit of the Sixth Judicial District Department of Correctional Services, the Cedar Rapids Police Department, the Iowa Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl . The case file number is CR 23-6. Follow us on Twitter @USAO_NDIA.


title: Federal Jury Convicts Charleston Man of  Drug and Gun Crimes

component: USAO - West Virginia, Southern

body_text: CHARLESTON, W.Va. – After two days of trial, a federal jury convicted Samuel Pierre Joseph, 40, of Charleston, today of one count of possession with intent to distribute 50 grams or more of a mixture containing methamphetamine, one count of possession of firearms in furtherance of a drug trafficking crime, one count of being a felon in possession of a firearm, one count of possession with intent to distribute 50 grams or more of methamphetamine and a quantity of fentanyl, and one count of possession with intent to distribute 500 grams or more of a mixture containing methamphetamine and 40 grams or more of a mixture containing fentanyl. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Joseph was prohibited from possessing a firearm because of his prior felony conviction for possession of marijuana, fourth offense, in the Second Judicial District Court for the Parish of Bienville, Louisiana, on April 14, 2015. Evidence at trial proved that on December 27, 2021, law enforcement officers encountered Joseph as he left his room at the Knights Inn on MacCorkle Avenue in Charleston. Joseph dropped a black duffel bag he was carrying and attempted to flee. Officers apprehended Joseph and found approximately 267 grams of methamphetamine, drug paraphernalia and two firearms, a Smith & Wesson Model Bodyguard .380-caliber semi-automatic pistol and a Ruger model LC9s 9mm semi-automatic pistol, in the duffel bag. Officers also found $1,355 on Joseph’s person. On March 17, 2022, Joseph was a passenger of a vehicle pulled over by law enforcement officers in a Dudley Avenue parking lot in Parkersburg. During the traffic stop, officers found approximately 152 grams of methamphetamine and 12.9 grams of a mixture containing fentanyl and heroin on Joseph’s person. Officers arrested Joseph and took him to the Parkersburg Police Department. While at the police department, Joseph attempted to dispose of a business card from a Charleston storage unit rental facility that included the number of a storage unit that Joseph rented at the facility. Officers recovered the card and obtained a search warrant for the rented storage unit. Officers found approximately 896.8 grams of methamphetamine and 83.6 grams of fentanyl in the rented storage unit when they executed the search warrant. “I commend the law enforcement agencies that investigated this case as well as Assistant United States Attorneys Jeremy Wolfe and Troy Adams,” said United States Attorney Will Thompson. “I credit the work of the entire trial team for securing guilty verdicts against the defendant on all five counts.” Joseph is scheduled to be sentenced on December 13, 2023, and faces a mandatory minimum of 15 years and up to life in prison. The Metropolitan Drug Enforcement Network Team (MDENT) and the Parkersburg Police Department conducted the investigation with assistance provided by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Charleston Police Department. Chief United States District Judge Thomas E. Johnston presided over the jury trial. A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-93. ###


title: Parkersburg Man Sentenced to Prison for Federal Gun Crime

body_text: CHARLESTON, W.Va. – Shawn David White, 41, of Parkersburg, was sentenced today to three years and 10 months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm. According to court documents and statements made in court, on November 8, 2018, law enforcement officers visited White’s residence while investigating a firearm theft and found a Winchester Model 12, 12-gauge shotgun, in White’s bedroom. White admitted to the officers that he possessed the shotgun. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. White is prohibited from possessing a firearm because of his convictions for grand larceny and driving while his license was suspended or revoked for DUI-third offense in Wood County Circuit Court on February 10, 2017. United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Joshua Hanks prosecuted the case. A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-150. ###


title: Lynnwood, Washington, man sentenced to 30 months in prison for tech support of dark web drug dealing

component: USAO - Washington, Western

body_text: Seattle – A 39-year-old Lynnwood, Washington, man was sentenced today in U.S. District Court in Seattle to 30 months in prison for conspiracy to distribute controlled substances, announced Acting U.S. Attorney Tessa M. Gorman. Jonathan E. Williams handled the technology side of the darknet drug dealing operation while co-defendants Linus Lee and Joyce Oldrich were involved in packaging and mailing packets of LSD and MDMA. At the sentencing hearing U.S. District Judge James L. Robart noted that "MDMA, in the court's experience, is specifically marketed to young people," -- the drugs could end up in the hands of vulnerable people. “Mr. Williams used his computer skills to make dangerous drugs available to anyone with a computer,” said Acting U.S. Attorney Gorman. “He may have physically kept his hands off the drugs but, using his computer keyboard, he enriched himself while putting others at risk.” According to records filed in the case, the three defendants in this case were indicted in July 2022, following an investigation by the FBI and U.S. Postal Inspection Service of dark web drug dealing. Working on the dark web, investigators placed online orders for drugs. Based on the packages they received, investigators first identified 70-year-old Joyce Oldrich of Marysville, Washington as the person who had mailed the drugs. Tracking Oldrich, investigators identified 51-year-old Linus Lee of Shoreline, Washington. When law enforcement served a search warrant on Lee’s home, they seized more than 5,000 tabs of LSD, and more than four kilos of MDMA. Some of the drugs were already in parcels ready for mailing. Information on Lee’s and Oldrich’s cell phones led investigators to Williams. In various encrypted messages, Lee and Williams discussed the market price for their drugs. When Williams’ residence was searched, law enforcement found no drugs, but linked $21,000 in cash to his drug selling activity. On Williams’ phone, they found evidence of his role managing the drug business on the dark web. Both Lee and Williams have now been sentenced to 30 months in prison with three years of supervised release to follow. Oldrich was sentenced to a time served sentence, with three years of supervised release. The case was investigated by the FBI and U.S. Postal Inspection Service (USPIS). The case was prosecuted by Assistant United States Attorney Yunah Chung.


title: Violent York Home Invasion Lands Hooksett, NH Man in Federal Prison for 12 Years

component: Federal Bureau of Investigation (FBI)

body_text: PORTLAND, Maine: A Hooksett, New Hampshire man was sentenced in U.S. District Court in Portland today for conspiracy to commit Hobbs Act robbery and interference with commerce by violence. The charges stemmed from a violent home invasion in York, Maine. Chief U.S. District Judge Jon D. Levy sentenced Derek DaPrato, 35, to 144 months in prison followed by three years of supervised release. DaPrato pleaded guilty on December 28, 2022. According to court records, in August 2019, DaPrato and three other co-conspirators met in Hooksett and planned a home invasion of a York residence to rob marijuana and marijuana sale proceeds from the home’s resident. The group traveled to the York residence where two co-conspirators, armed with handguns and wearing masks, waited in the woods for the victim to return home. When the victim arrived, accompanied by two others, a violent physical altercation ensued. During the fight, a firearm was discharged, and a bullet struck the victim in the lower abdomen. The two co-conspirators fled. Police arrived approximately 15 minutes later, and the victim was rushed to the hospital where he underwent surgery to remove a .45 caliber bullet from his lower abdomen. FOUR CONSPIRATORS SENTENCED TO A TOTAL OF 44+ YEARS: On March 27, 2023, Jason Candelario , 34, was sentenced to 175 months in prison and Luis Carpio , 33, was sentenced to 120 months for their roles in the home invasion. On March 17, 2023, the fourth co-conspirator, Andrew Soboleski , 30, was sentenced to 96 months for his role in the crime. All four men resided in New Hampshire. The FBI, in conjunction with the York Police Department and the York County Sheriff’s Office, investigated the case. # # #


title: Kanawha County Man Pleads Guilty to Federal Gun Crime

body_text: CHARLESTON, W.Va. – Trellae Nellum-Toney, 29, of St. Albans, pleaded guilty today to being a felon in possession of a firearm. According to court documents and statements made in court, on September 22, 2022, law enforcement officers conducted a traffic stop of a vehicle driven by Nellum-Toney in St. Albans. Nellum-Toney admitted that he got out of his vehicle and threw a Raven Arms, model P-25, .25-caliber semi-automatic pistol and a baggie of suspected heroin onto the ground. Officers recovered the firearm and controlled substance. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Nellum-Toney knew he was prohibited from possessing a firearm because of his prior felony conviction for first-degree robbery in Kanawha County Circuit Court on August 26, 2014. Nellum-Toney further admitted to possessing two firearms found by officers following a January 24, 2023 traffic stop of a vehicle he was driving in the Scott Depot area of Putnam County. Officers found a Taurus, model 709 Slim, 9mm semi-automatic pistol under the driver’s seat and a Savage, model Stevens 320, 20-gauge shotgun in the vehicle’s trunk. Nellum-Toney admitted that he now knows the 9mm pistol was reported stolen from a St. Albans residence on September 26, 2021. Nellum-Toney is scheduled to be sentenced on October 3, 2023, and faces a maximum penalty of 15 years in prison, three years of supervised release, and a $250,000 fine. United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Office, and the Putnam County Sheriff’s Office. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Troy Adams is prosecuting the case. A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-34. ###


title: Operation Smoke and Mirrors Update: Two Kanawha County Men Plead Guilty to Role in Methamphetamine Trafficking Organization

body_text: CHARLESTON, W.Va. – Michael Allen Roberts Jr., 40, of St. Albans, pleaded guilty today to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, and Les Van Bumpus, 34, of Charleston, pleaded guilty to conspiracy to distribute fentanyl. Roberts and Bumpus each admitted to their roles in a drug trafficking organization (DTO) that operated in the Charleston area. According to court documents and statements made in court, between November 2022 and March 15, 2023, Roberts conspired with other individuals to distribute quantities of methamphetamine. Roberts admitted to purchasing methamphetamine from a co-defendant who often fronted the methamphetamine to him and allowed Roberts to pay him back after he sold it. Roberts further admitted that he typically paid $2,000 for a pound of methamphetamine, and used his cell phone to arrange transactions with the co-defendant. Roberts admitted that this co-defendant delivered 50 pounds of methamphetamine to Roberts’ residence a couple of weeks prior to March 15, 2023. Roberts further admitted that he intended to sell this methamphetamine to other people. On March 15, 2023, law enforcement officers searched a property on Smith Street in St. Albans and seized approximately 44 pounds of methamphetamine. Roberts admitted that he had placed the methamphetamine at the property a day or two before the search. Between December 2022 and March 22, 2023, Bumpus was living in Dunbar and conspired with others to distribute what he believed was heroin but now knows was fentanyl. Bumpus admitted to purchasing fentanyl from a co-defendant who often fronted the fentanyl to him and allowed Bumpus to pay him back after he sold it. On March 22, 2023, law enforcement officers executed a search warrant at Bumpus’ Dunbar residence and found approximately 89 grams of fentanyl and a loaded Smith & Wesson .40-caliber pistol. Roberts is scheduled to be sentenced on November 8, 2023, and faces a mandatory minimum of 10 years and up to life in prison, five years to a lifetime of supervised release, and a $10 million fine. Bumpus is scheduled to be sentenced on November 6, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine. Roberts and Bumpus are among 30 individuals indicted as a result of Operation Smoke and Mirrors, a major drug trafficking investigation that has yielded the largest methamphetamine seizure in West Virginia history. Law enforcement has seized of well over 200 pounds of methamphetamine as well as 28 pounds of cocaine, 20 pounds of fentanyl, 18 firearms and $747,000 in cash. More than a dozen of the defendants have pleaded guilty. Indictments against the other defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department. Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case. The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States. A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-31. ###