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On 500th Day Of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney Positions

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Largest Increase in Decades Allocates Prosecutors to Focus on Violent Crime,
Civil Enforcement and Immigration Crimes.

West Michigan receives four positions--
an increase of over 10% from its current staffing level.

          GRAND RAPIDS, MICHIGAN– On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the Western District of Michigan Andrew Birge announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

          In the largest increase in decades, the Department of Justice is allocating 311 new Assistant U.S. Attorneys (AUSAs) to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

          "Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."

          Attorney General Sessions allocated four new AUSA positions to the Western District of Michigan, which marks an increase of over ten percent of its current allocation of attorney positions. Two of the positions will focus on violent crime, specifically the Project Safe Neighborhoods initiative. Under that initiative, the office partners with federal, state and local law enforcement to bring down violent crime rates, principally by prosecuting the individuals and groups who drive those rates. The third position will be dedicated to affirmative civil enforcement, which includes actions to address health care fraud and other forms of federal program fraud as well as the diversion of drugs from the regulatory stream by health care professionals. The fourth position will focus on prosecuting immigration crimes, including fraudulent identification document production and worksite enforcement.

          U.S. Attorney Birge commented that he is pleased his office received positions to address each of the Department’s three priorities for this roll out. "I look forward to getting these individuals in place to make a positive impact on West Michigan."

END


MS-13 Member Pleads Guilty To Conspiring To Participate in A Violent Racketeering Enterprise

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June 5, 2018                                                                                      

FOR IMMEDIATE RELEASE                              Contact ELIZABETH MORSE
www.justice.gov/usao/md                                        at (410) 209-4885

 

Greenbelt, Maryland - Jeffry Rodriguez, a/k/a “Hyper,” age 22, of Capitol Heights, Maryland pleaded guilty today to his participation in a racketeering enterprise in furtherance of the activities of the gang known as La Mara Salvatrucha, or MS-13, including his participation in a drug robbery intended to support the gang.

United States Attorney Robert K. Hur for the District of Maryland; Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office; Assistant Director in Charge Andrew W. Vale of the FBI Washington Field Office; Acting Special Agent in Charge Scott W. Hoernke of the U.S. Drug Enforcement Administration (DEA) Washington Field Office; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; Chief Douglas Holland of the Hyattsville Police Department; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy made the announcement.

Rodriguez pleaded guilty before the Honorable Paula Xinis, U.S. District Court for the District of Maryland, to conspiracy to participate in a racketeering enterprise.  

“The Department of Justice is focused on dismantling transnational criminal organizations like MS-13, which is one of the most dangerous gangs in America,” said Acting Assistant Attorney General Cronan.  “I want to thank our dedicated federal prosecutors and federal law enforcement officers with Homeland Security Investigations, the DEA, and the FBI, as well as our state and local partners in Prince George’s County and Montgomery County for all of their hard work on this case.  Today’s guilty plea is our next step toward taking the despicable MS-13 off our streets for good.”

United States Attorney for the District of Maryland Robert K. Hur noted “MS-13 is one of the most violent and ruthless gangs on the streets today. Using the tools of our Organized Crime Drug Enforcement Task Forces, we are determined to dismantle this organization to make our communities in Maryland safer.”

According to the plea agreement, MS-13 is a national and international gang composed primarily of immigrants or descendants of immigrants from El Salvador.  Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Prince George’s County and Montgomery County, Maryland.  MS-13 members are required to commit acts of violence within the gang and against rival gangs.  One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.

Pursuant to his plea agreement, Rodriguez admitted that from at least August 2016, he was a member and associate of the Sailors clique of MS-13.  Rodriguez admitted that on August 9, 2016, he and other MS-13 members conspired to rob two individuals of a pound of marijuana, the sale of which would be used to benefit the Sailors clique.

Specifically, on Aug. 9, 2016, Rodriguez and an MS-13 co-conspirator entered a vehicle occupied by the two victims under the guise that they were going to purchase a pound of marijuana from the victims.  Rodriguez and his co-conspirator were armed with a firearm and a knife.  Upon attempting to rob the victims and displaying the firearm, Rodriguez and his co-conspirator became engaged in a violent struggle with the victims.  During the struggle, the victims sustained serious bodily injuries, including gunshot and stab wounds. In addition, both Rodriguez and his co-conspirator sustained gunshot wounds. After being shot, Rodriguez and his co-conspirator ran from the victims’ vehicle, entered another vehicle in which another MS-13 member was waiting, and traveled to a local hospital, where Rodriguez was admitted for treatment.

Eleven of Rodriguez’s co-defendants remain charged in the sixth superseding indictment with various racketeering violations, drug trafficking conspiracy, and extortion conspiracy.  The trial of the 11 remaining defendants is scheduled to commence on March 12, 2019. 

Judge Paula Xinis has scheduled sentencing on August 29, 2018.

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

United States Attorney Robert K. Hur commended the HSI Baltimore Office; the FBI; the DEA, and the Prince George’s County, the Hyattsville, and the Montgomery County Police Departments for their work in the investigation. Hur thanked Assistant U.S. Attorneys William D. Moomau and Daniel C. Gardner and Trial Attorney Catherine K. Dick of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting this Organized Crime Drug Enforcement Task Force Case.

 

Recruiter Charged with Receiving Illegal Kickbacks from Local Pharmacy

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HOUSTON – A 45-year-old Houston resident has been charged with conspiring to violate the federal anti-kickback statute and receiving at least $320,000 in illegal kickback payments from a local Houston pharmacy, announced U.S. Attorney Ryan K. Patrick.

Dontrey Lamon Eason turned himself in to law enforcement agents yesterday. He is expected to make his initial appearance before U.S. Magistrate Judge Nancy K. Johnson at 2:00 p.m. today.  

The criminal information, filed today, alleges Eason and another individual entered into an agreement with Piney Point Pharmacy to receive $5,000 along with 40% of the payments the pharmacy received from the Federal Employees Compensation Act health care benefits program (FECA). Eason allegedly solicited a physician in Corpus Christi to send prescriptions to the pharmacy. Eason also had access to patient and pharmacy records to check the status of referrals, according to the complaint.

Eason allegedly received $320,608 from Piney Point Pharmacy who billed the FECA program $2,082,996 for referred prescriptions.

Conspiracy to pay kickbacks carries a possible sentence of five years as well as a possible $250,000 maximum fine.

Piney Point Pharmacy was charged in January 2018 with numerous violations of federal law, including conspiracy, health care fraud, wire fraud and money laundering. Trial is set for Oct. 15, 2018.

This case was the result of a joint investigation with the U.S. Postal Service – Office of Inspector General (OIG), Department of Labor - OIG, Department of Veterans Affairs – OIG and Department of Homeland Security – OIG. Assistant U.S. Attorney Julie Redlinger is prosecuting the case.

A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

 

Dominican National Pleads Guilty to Illegal Reentry After Deportation

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BOSTON - A Dominican national pleaded guilty yesterday in federal court in Boston to illegally reentering the United States.

Orlando Genoa-Maldonado, 56, pleaded guilty to one count of illegally reentering the United States after being deported. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Aug. 30, 2018.

In February 2000, Genoa-Maldonado was convicted in federal court in Pennsylvania of distributing heroin. Upon completion of his sentence, Genoa-Maldonado was placed into removal proceedings, and on March 10, 2004, he was deported to the Dominican Republic. In May 2016, federal officials encountered Genoa-Maldonado at MCI Cedar Junction. Earlier that year, Genoa-Maldonado had been sentenced to nine-to-10 years for heroin trafficking. During an interview with law enforcement, Genoa-Maldonado admitted his status and prior deportation in 2004.

Genoa-Maldonado faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Todd M. Lyons, Deputy Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

Springfield Man Pleads Guilty to Illegally Possessing Firearms and Ammunition

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BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield to being a felon in possession of firearms and ammunition.

Hector Navarro, 29, pleaded guilty two counts of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 6, 2018.

In September 2016, Navarro possessed a Mossberg, model 500, 12 gauge shotgun, and in October 2016, he possessed a Stoeger, model Cougar 8000, 9mm pistol; an Irwindale Arms Inc., model Automag III, .30 caliber pistol; a Coast to Coast, model CC660, 12 gauge shotgun; 12 rounds of 9mm ammunition; one round of .380 ammunition; and three rounds of .30 caliber ammunition.

Due to a prior conviction of a crime punishable by imprisonment for more than one year, Navarro is prohibited from possessing firearms.

The charge provides for a sentence of no greater than 10 years in prison, at least one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner John Barbieri made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.

Payroll Business Owner Pleads Guilty to Defrauding Ohio Bureau of Workers' Compensation

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COLUMBUS, Ohio – John R. Cacaro, 58, of West Chester, Ohio, pleaded guilty to wire fraud and money laundering as part of a scheme to defraud the Ohio Bureau of Workers’ Compensation for his own personal gain.

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, and Jim Wernecke, Director, Ohio Bureau of Workers’ Compensation special investigations department, announced the guilty plea entered into today before U.S. District Judge Michael H. Watson.

According to court documents, between 2011 and 2013, Cacaro owned Employers Choice Plus, LLC, a company classified by the Ohio BWC as a Professional Employment Organization (PEO). A PEO is generally responsible for processing payroll and remitting insurance premium payments to the Ohio BWC on behalf of their client employers.

Specifically, on a weekly basis, more than 100 client companies would provide Cacaro’s company with payroll information. Employers Choice Plus then computed the amounts owed to employees, taxing authorities and the Ohio BWC. Employers Choice Plus sent weekly invoices to the client companies, who would then pay Employers Choice Plus electronically for Employers Choice Plus to pay the payroll, taxes and workers’ compensation. Cacaro’s company issued the employees’ paychecks, paid the taxing authorities and maintained the workers’ compensation premiums until they were due to be paid semi-annually.

On a semi-annual basis, Cacaro electronically reported to the Ohio BWC the payroll paid by each of his client employers, as well as the amount of workers' compensation premiums due based on the payroll.

Cacaro understated the payroll by millions of dollars, though, which resulted in a lesser amount of premiums owed to the Ohio BWC, despite having collected the correct amounts from its client employers. In total, Cacaro underreported more than $425,000 in workers’ compensation premiums.

Cacaro used the profits of scheme to fund lavish personal purchases, including a second residence in Naples, Fla. and a motor home.

As part of his plea agreement, he has agreed to pay the total amount of $425,246.58 in restitution.

“John Cacaro lined his pockets with the hard-earned money of his clients and systematically defrauded the Ohio BWC,” said Special Agent in Charge Korner. “Now he is a convicted felon and must repay the stolen money.”

“Anyone who cheats BWC to enrich themselves is driving up the cost of the whole system, and that hurts all of us,” said Director Wernecke. “It hurts employers who follow the law and play by the rules, and it hurts the injured workers who rely on us to help them get back to work and back to their lives as soon as safely possible.”

Wire fraud is a federal crime punishable by up to 20 years in prison and money laundering is punishable by up to 10 years in prison.

U.S. Attorney Glassman commended the investigation of this case by IRS Criminal Investigation and the Ohio Bureau of Workers’ Compensation, as well as Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.

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Boston Man and Arizona-Based Supplier Plead Guilty to Distributing Methamphetamine

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BOSTON – A Boston man and his Arizona-based supplier pleaded guilty yesterday in federal court in Boston to federal drug offenses.

Peter Molloy, 39, and Adrian Carlos Maldonado, 38, pleaded guilty to one count of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine. Molloy also pleaded guilty to one count of possession with intent to distribute 50 grams or more of methamphetamine. U.S. Senior District Court Judge Mark L. Wolf scheduled Maldonado’s sentencing for Aug. 29, 2018, and Molloy’s sentencing for Aug. 30, 2018. 

Molloy began distributing methamphetamine in approximately January 2014, originally purchasing methamphetamine from a variety of sources and distributing the drugs to customers in the Boston area. At some point in roughly January 2015, Molloy began purchasing the drugs from Maldonado, who was based in Arizona. Maldonado arranged for the methamphetamine to be transported from Arizona to Massachusetts. 

On Aug. 14, 2017, a search of Molloy’s condominium in South Boston resulted in the seizure of more than 160 grams of methamphetamine, $75,762 in cash and a $1,000 money order. As part of his plea agreement, Molloy agreed to forfeit the seized cash and money order, his interest in the condominium, and a 2014 Hyunda Veloster that he used to facilitate drug dealing. Molloy also agreed to waive claims to other items that were seized, or turned over, to law enforcement during the investigation, including an additional $98,000, a $10,000 cashier’s check and another $1,000 money order. 

Both the charge of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine provide for a minimum sentence of 10 years and up to life in prison, a minimum of five years of supervised release, and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; Commissioner Thomas Turco of the Massachusetts Department of Correction; Reading Police Chief Mark D. Segalla; and Boston Police Commissioner William Evans made the announcement. Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; and the Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments assisted with the investigation. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

Coatesville Man Charged with Wire Fraud in Gift Card Scam

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PHILADELPHIA – A Coatesville, PA man was charged today in connection with a scheme to over-redeem gift cards, U.S. Attorney William M. McSwain announced.

Chad Douglas Broudy, 23, was charged by criminal information with wire fraud.

The information alleges Broudy defrauded an internet e-commerce company by exploiting a software glitch that permitted repeated uses of the same gift card. The information alleges that between October 29, 2016, and January 10, 2017, Broudy intentionally conducted approximately 1100 fraudulent transactions triggering this glitch, and in the process over-redeemed approximately $320,582 from the company’s gift cards.

“The defendant had a choice. He could have reported the glitch. But he chose greed and crime over honesty. He took full advantage of the glitch and exploited it not once or twice, but more than 1100 times, obtaining more than 3,000 items through fraud.”  

If convicted the defendant faces a maximum possible sentence of 40 years imprisonment, 3 years of supervised release, a fine of $500,000, and full restitution.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Albert S. Glenn.

                                                                             


United States Recovers $600,000 in Federal Natural Gas Royalty False Claims Act Settlement

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DENVER - The United States Attorney for the District of Colorado, Bob Troyer, today announces the recovery of $600,000 as settlement of allegations that Great Western Drilling Corporation ("GWD") violated the federal False Claims Act by failing to pay money owed on natural gas produced from federal leases located in New Mexico.

Congress has authorized federal lands to be leased for the production of natural gas in exchange for the payment of royalties on the value of the gas that is produced from those leases.  Each month, companies are required to report to the Department of the Interior's Office of Natural Resources Revenue ("ONRR") the amount of royalty that is due.  While the lessee is permitted to deduct certain post-production costs from its federal royalty payment, the lessee is required to place the gas in marketable condition at no cost to the United States.

The Settlement Agreement resolves contentions by the United States that GWD underreported and underpaid federal royalties due from July 2010 through June 2016.  During this time, GWD received a lower sales price from its third-party purchasers because those purchasers paid the natural gas processer, Enterprise Processing, for the transportation, compression, and processing of GWD's gas.  GWD did not credit the United States for the portion of the price reduction that related to the Enterprise Processing costs to place the gas in marketable condition.  Instead, GWD paid royalties only on the decreased purchase price.  In this way, the United States contends, GWD knowingly underreported and underpaid royalties owed to ONRR.

"We don't tolerate these games, and will continue to purse, and get every dollar due from, companies that underpay royalties," said United States Attorney Bob Troyer.

Ron Gonzales, Special Agent in Charge of the Office of Inspector General's Energy Investigations Unit stated, "This settlement is the result of Federal agencies working collaboratively and diligently to ensure that revenues generated from public resources are accounted for on behalf of the American taxpayers. The OIG is committed to work with DOJ, ONRR, and our Office of the Solicitor to support the Department's revenue collection programs."

Geary Keeton, Program Manager for Enforcement with ONRR stated, "ONRR works closely with the OIG and DOJ to help ensure that we collect every dollar due the American people." 

The United States Attorney's Office acknowledges the cooperation and teamwork demonstrated by governmental entities involved in today's recovery, including the Office of Natural Resources Revenue, the Department of the Interior's Office of the Solicitor, and the Energy Investigations Unit of the Department of the Interior's Office of Inspector General. The United States Attorney's Office in Denver, Colorado works closely with these offices in the pursuit of unpaid or underpaid oil and natural gas revenue, claims for which are processed at the Office of Natural Resources Revenue at the Federal Center in Lakewood.

The United States was represented in this matter by Assistant United States Attorney Andrea Wang of United States Attorney's Office in Denver, Colorado.

United States Attorney’s Office Outreach Programs Reach 15,000

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PROVIDENCE, RI – Approximately 15,000 high school and middle school students, teachers, school administrators and parents across Rhode Island participated in outreach programs this school year presented by the United States Attorney’s Office. The programs focus on opioid and illegal narcotic addiction awareness, the increasing impact on teenagers from e-cigarettes and vaping, and the myths and realities of street gangs and violence.

The programs include 4 Legs to Stand On, a live performance drawing attention to addiction awareness and support presented by cast members of COAAST (Creating Outreach About Addiction Support Together); the powerful documentary Chasing the Dragon - an unscripted, real-life look at the devastation of opioid and heroin addiction; the emerging impact, including addiction, from the use of e-cigarettes and vaping; and Street Smarts, an interactive anti-gang and anti-violence program that delivers a powerful message to teenagers about the myths of getting involved in gangs, drug dealing and guns.

Over the past two school years, between 25,000 and 30,000 middle and high school students across Rhode Island have participated in outreach programs presented by the United States Attorney’s Office, in collaboration with Prevention Coalitions, Rhode Island Student Assistance Services, school administrators and community-based organizations.

“The problems of substance abuse and violent crime cannot be solved through arrest and prosecution alone. Prevention must be part of law enforcement’s response to these significant threats to public health and safety,” commented United States Attorney Stephen G. Dambruch. “Through our outreach programs, the United States Attorney’s Office educates and informs young people about the dangers of substance abuse and violence, providing them the information they need to make smart choices.”

In collaboration with the United States Attorney’s Office, COAAST’s 4 Legs to Stand On was presented to students at high schools in Barrington, Central Falls, Cranston, North Providence, Pawtucket, Portsmouth, Providence and Woonsocket. The play exposes the secrecy that shrouds many families while dealing with addiction or a serious illness. Through humor and realism contrasted against hypocrisy, this story invites the audience to take a seat at the dinner table while the family’s foundation is challenged as one family member struggles with cancer and another struggles with an opioid addiction. The play is followed by an open and thought provoking question and answer session with the performers and the founder of COAAST, they themselves touched in various ways by addiction.

For the second consecutive school year, the United States Attorney’s Office, in collaboration with Prevention Coalitions and school administrators, presented the powerful documentary Chasing the Dragon - an unscripted, real-life look at the devastation of opioid and heroin addiction. The video presentation was followed by the personal story of a local parent who lost her only child to opioid and heroin addiction, and an open and frank discussion with the audience about addiction, treatment and support. The program was presented in schools and in community settings in Coventry, Pawtucket and Warwick.

Additionally, United States Attorney’s Office Investigator David Neill, a retired Rhode Island State Police Major with an extensive background in investigating street level drug trafficking and the impact drug trafficking has on local communities, visited schools across Rhode Island to speak with students, teachers, administrators and parents on the inherent dangers, particularly for teenagers, from the use of e-juices, e-cigarettes and vaping. Mr. Neill provided demonstrations on marketing techniques aimed at teenagers to increase their interest in the use of these products, and the deceptive ways users carry the product, disguised as items such as thumb drives, markers and inhalers. Mr. Neill provided a total of 49 presentations in schools and community settings.

And again this school year, Assistant United States Attorney Richard W. Rose presented his Street Smarts program to high school students. Street Smarts is an interactive program which delivers a powerful message to teenagers about the myths and the realities about becoming involved in street gangs, drug dealing and the use of firearms.

School administrators, community leaders and community based organizations interested in additional information about these and other outreach programs provided by the United States Attorney’s Office, including civil rights, elder justice and crime victim support outreach programs, can contact Outreach Coordinator Jim Martin at (401) 709-5357 or investigator David Neill at (401) 709-5035. 

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Woodbury Restaurant to Make Changes to Comply with Americans with Disabilities Act

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John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with the Good News Restaurant and Bar (“Good News”) in Woodbury to resolve allegations that the restaurant was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”).

The settlement agreement resolves an ADA complaint filed by an individual with physical disabilities alleging that the restaurant did not meet the ADA’s requirements for accessibility.  The restaurant is in the process of making the changes required by the settlement agreement, including ensuring the availability of accessible parking, creating an accessible entrance and providing an accessible entry route to the new accessible entrance, constructing an accessible restroom, increasing accessible seating within the restaurant, bar and patio area, and ensuring that the route to the patio area is accessible.  Good News will continue to make improvements over the next eighteen months.

Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are prohibited from discriminating on the basis of disability.  The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities.  The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.

U.S. Attorney Durham noted that the owners of Good News have worked with the U.S. Attorney’s Office in a collaborative manner to address the ADA issues complained of without the need for litigation.

“Our office is committed to enforcing the ADA, and we appreciate that the Good News Restaurant and Bar has agreed to take the steps outlined in the settlement agreement in order to greatly increase the accessibility of the restaurant,” said U.S. Attorney Durham.

Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.

Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY).  More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.

This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.

Biodiesel Fuel Company Admits Releasing More Than 45,000 Gallons Of Wastewater Into Arthur Kill

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NEWARK, N.J. – An Elizabeth, New Jersey, biodiesel fuel company today admitted discharging more than 45,000 gallons of wastewater from its commercial biodiesel fuel production facility into the Arthur Kill, a narrow waterway that separates New Jersey from Staten Island, New York, U.S Attorney Craig Carpenito and Acting Assistant Attorney General Jeffrey H. Wood announced.

Fuel Bio One LLC pleaded guilty before U.S. Magistrate Judge James B. Clark 3rd to an information charging it with one count of violating the Clean Water Act, a statute that was enacted to prevent, reduce, and eliminate water pollution in the United States.

“Protecting the environment and our natural resources is one of the many ways this office works to keep New Jersey safe for everyone,” U.S. Attorney Carpenito said. “Today’s prosecution and guilty plea ensures that Fuel Bio One will be punished for its past crimes, and the plea agreement puts into place a plan to make sure they don’t pollute our waterways in the future.”

“Staten Island Sound (also known as the Arthur Kill) is a vital waterway running between New Jersey and Staten Island. Once heavily polluted and nearly devoid of marine life, this waterbody is making a comeback and again provides habitat to many species of fish and wildlife,” Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division said. “Illegal dumping of pollution into the Sound not only violates federal law, but also threatens the environmental recovery of this historic marine channel, which is important to New Yorkers and New Jerseyans alike. The Justice Department will continue to work closely with EPA Criminal Investigation Division to prosecute illegal actions like those in this case.”

“Fuel Bio One undercuts a level playing field when they illegally discharge polluted wastewater into the Arthur Kill without any regulatory approval,” Special Agent in Charge Tyler Amon of EPA’s Criminal Investigation Division in New Jersey said. “This judicial action demonstrates EPA’s commitment to protecting New Jersey’s environment and ensuring that all companies play by the rules to keep pollutants from the state’s natural resources.”

According to court documents filed in this case and statements made in court:

Fuel Bio One generated wastewater that included methanol, biodiesel and other contaminants, as a byproduct of its biodiesel fuel production at its Elizabeth, New Jersey, plant. On September 6, 2013, and November 9, 2013, employees of Fuel Bio One released a total of approximately 45,000 gallons of wastewater into a storm water pit at the Elizabeth plant, causing the pump to operate and, as a result, wastewater to be discharged into the Arthur Kill. A representative of Fuel Bio One admitted to this conduct in court today.

Fuel Bio One has agreed, as part of its plea agreement, to pay $100,000 and to be placed on a probationary term of five years. During the probation, the company will be required to provide to the court biannual reports of any waste it generates and the steps taken to properly dispose of such waste. Fuel Bio One will also be required to develop an employee training program to ensure that all storage, treatment and disposal of wastewater complies with the Clean Water Act and any other applicable laws. The company will also be required to provide the U.S. Environmental Protection Agency full access to all offices, warehouses and facilities.

U.S. Attorney Carpenito and Acting Assistant Attorney General Wood credited special agents of the U.S. Environmental Protection Agency, under the direction Special Agent in Charge Amon, with the investigation leading to today’s guilty plea.

The Government is represented by Assistant U.S. Attorney Kathleen P. O'Leary of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark and Adam Cullman of the Environmental Crimes Section of the U.S. Department of Justice.

Defense counsel: Christopher Adams Esq., Roseland, New Jersey

Mexican National Indicted for Immigration Document Fraud, Aggravated Identity Theft

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PROVIDENCE, RI – A federal grand jury in Providence today returned a five-count indictment charging a Mexican national with immigration document fraud and aggravated identity theft.

The indictment charges Eufemio Aguilar, 50, of Providence with four counts of knowingly forging, counterfeiting, altering and falsely making and possessing a Lawful Permanent Residence Card and social security card, and one count of aggravated identity theft.

The return of the grand jury indictment is announced by United States Attorney Stephen G. Dambruch, Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh, Providence Police Chief Colonel Hugh T. Clements, Jr., Central Falls Police Chief Colonel James J. Mendonca and Warwick Police Chief Colonel Stephen M. McCartney.

According to court documents and information presented to the Court at the time of Aguilar’s arrest and detention on May 22, 2018, it is alleged that since at least August 2017, Aguilar has been creating and selling fraudulent federal government documents, such as fraudulent lawful resident cards and social security cards. It is alleged that he created and sold the documents from his Providence residence.

On at least three occasions Homeland Security Investigations agents and Providence Police detectives arranged for the creation and delivery of fraudulent immigration documents and/or social security cards from Aguilar for $100 dollars each.

On May 22, 2018, Homeland Security Investigations agents and Providence Police, with the assistance of Central Falls and Warwick Police, executed a federal court-authorized search warrant at Aguilar’s residence and seized, among other items, five laptop computers, two document producing machines and supplies used in the manufacture of government documents, several fraudulent government documents and $27,000 in cash.

The case is being prosecuted by Assistant U.S. Attorneys Richard W. Rose and John P. McAdams.

An arraignment date has not yet been scheduled. An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

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Ohio County Magistrate indicted on wire fraud, bribery, and tax fraud charges

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WHEELING, WEST VIRGINIA – Ohio County Magistrate Harry A. Radcliffe, III, was indicted today by a federal grand jury on charges involving wire fraud, bribery, and tax fraud, United States Attorney Bill Powell announced.

Radcliffe, age 60, was indicted on one count of “Conspiracy to Commit Wire Fraud, Federal Program Bribery, and Travel Act Bribery,” three counts of “Wire Fraud,” one count of “Federal Program Bribery,” one count of “Travel Act Bribery,” and three counts of “Filing a False Income Tax Return.” 

Radcliffe is accused of soliciting and accepting bribes from American Bonding Company (ABC) of Bellaire, Ohio, concealing said bribes from the State of West Virginia and the IRS, directing defendants and their families to ABC Bonding without offering other options as required, altering bonds to require a bonding company, and collecting said bribes via credit card and interstate travel He is also accused of failing to report $11,000 in income on both his 2013 and 2014 federal income taxes, and failing to report $4,500 in income on his 2015 federal income taxes. The crimes are alleged to have occurred from January 2012 to April 2016 in the Northern District of West Virginia and elsewhere.

The United States is also seeking a money judgement in the amount of $26,500.

Radcliffe faces up to five years incarceration and a fine of up to $250,000 for the conspiracy count, up to 20 years incarceration and a fine of up to $250,000 for each of the wire fraud counts, up to 10 years incarceration and a fine of up to $250,000 for federal bribery count, up to five years incarceration and a fine of up to $250,000 for the travel act count, and up to three years incarceration and fine of up to $250,000 for each of the false income tax return counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

In addition, William W. Seelbach, owner of ABC, of North Fort Meyers, Florida, was charged in a two-count information today. Seelbach, age 68, is facing one count of “Conspiracy to Defraud the United States—Impede the Internal Revenue Service,” and one count of “Failure to File Individual Income Tax Return for Tax Year 2012.” Seelbach is accused of impeding the IRS in its collection of taxes, and failing to file a federal income tax return for 2012 to report $144,030 in income to the IRS.

Jolynn Gilchrist, former employee of ABC, of Wheeling, West Virginia, was charged in an information today with one count of “False Tax Return.” Gilchrist, age 49, is accused of filing an inaccurate federal tax return for the 2015 tax year.

Assistant U.S. Attorneys Jarod J. Douglas and Shawn M. Adkins are prosecuting the cases on behalf of the government. The Federal Bureau of Investigation, the Internal Revenue Service, the West Virginia Commission on Special Investigations, and the West Virginia State Police investigated. 
 
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

Delaware County Convicted Murderer and Opioid Dealer Sentenced to Life in Prison

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PHILADELPHIA – U.S. Attorney William M. McSwain announced that his office secured a life sentence today in a case involving a Delaware County man convicted of murder through the use of a firearm and conspiracy to distribute oxycodone. Anthony Vetri, 30, of Essington, was sentenced by U.S. District Judge Gerald J. Pappert. Vetri and Michael Vandergrift, 31, of Chester, were convicted of conspiracy to distribute oxycodone from 2008 until June 4, 2013. During the conspiracy, Vetri obtained large sums of oxycodone from a registered pharmacist, Mitesh Patel, who owned and operated three pharmacies in the greater Philadelphia area. Vetri then supplied Vandergrift with oxycodone, and both distributed the drugs throughout Delaware and Philadelphia Counties. During the course of the conspiracy, Vetri received and distributed in excess of 100,000 oxycodone tablets, earning him hundreds of thousands of dollars in drug proceeds.  

During the drug conspiracy, Patel illegally provided oxycodone to others, including his business partner, Gbolahan Olabode. Beginning in the fall of 2011, Vetri and Vandergrift conspired to eliminate Olabode as a competitor to boost Vetri and Vandergrift’s oxycodone supply from Patel. Vetri and Vandergrift ultimately decided to murder Olabode, and Vandergrift recruited Michael Mangold and Allen Carter to assist. On January 4, 2012, Vandergrift, Mangold, and Carter went to Olabode’s residence in Lansdowne, Pennsylvania and waited for Olabode to return home. When Olabode returned, Vandergrift and Mangold each used a firearm to fire 27 shots at Olabode as he carried groceries into his home. The assailants struck the victim 13 times in his head and body, causing Olabode’s death. Following Olabode’s murder, Vetri celebrated Olabode’s death and continued to illegally distribute oxycodone that he obtained from Patel. 

“The depravity of Vetri’s crimes knows no bounds. For years, the defendant poisoned his own community by fueling the opioid crisis in the Eastern District of Pennsylvania. Vetri’s distribution of over 100,000 oxycodone pills helped ruin people’s lives, and I have no doubt that many of Vetri’s customers continue to battle opioid abuse and addiction,” said U.S. Attorney McSwain. “The defendant is a violent drug trafficker who brought terror to the streets when he senselessly plotted the ambush and brutal murder of one of his rivals. Vetri has no respect for the law and no respect for human life. The defendant has never expressed remorse, nor has he accepted any responsibility for his actions. We are grateful that the Court held the defendant accountable for his violent and destructive conduct.”

Patel, Mangold, and Carter all previously pleaded guilty to charges for their respective involvement in drug distribution, the murder of Olabode, and other offenses, and are currently awaiting sentencing.

"For years, this defendant took advantage of addicts' misery, flooding the streets with pills and fueling the opioid crisis in our community," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "As he and his co-conspirator cashed in, they devised a brutal business plan: get more drugs and make more money by murdering the competition. Vetri is a danger to society on many levels, and this sentence is richly deserved." 

The case was investigated by the Federal Bureau of Investigation, the U.S. Drug Enforcement Administration, the Internal Revenue Service’s Criminal Investigation Division, the Philadelphia Police Department, the Organized Crime Drug Enforcement Task Force, the Lansdowne Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Jonathan B. Ortiz and David. E. Troyer are prosecuting the case.

 


Henderson Man Sentenced to 78 Months in Federal Prison in Heroin Distribution and Firearms Case

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NEW BERN - United States Attorney Robert J. Higdon, Jr. announced that today, QUA’MORIA RONDE’ DAVIS, 20, of Henderson was sentenced by United States District Judge Louise W. Flanagan to 78 months imprisonment followed by 3 years’ supervised release.

DAVIS was named in an eight-count Superseding Indictment on November 29, 2017.  On January 16, 2018, DAVIS pled guilty to Receipt of a Firearm and Ammunition by a Person under Indictment and Possession with Intent to Distribute a Quantity of Heroin.

The investigation was conducted by the Henderson Police Department (HPD) in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  From January of 2016 to approximately July of 2017, DAVIS was arrested multiple times for drug and firearms offenses.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative.  This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

Investigation of this case was conducted by the Henderson Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Vance County Sheriff’s Office.  Assistant United States Attorney S. Katherine Burnette prosecuted this case.

Colorado Man Indicted for Attempted Sexual Exploitation of a Minor

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KANSAS CITY, Mo. – A Colorado man was indicted by a federal grand jury today after traveling to Kansas City, Mo., to meet an undercover FBI agent, whom he believed to be a mother with her 7-year-old daughter, for sex.

Ryan Edward Mausner, 42, of Basalt, Colo., was charged in a two-count indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a federal criminal complaint that was filed against Mausner on May 25, 2018.

The federal indictment charges Mausner with one count of attempting to entice a minor to engage in illegal sexual activity, and one count of traveling across state lines with the intent to engage in illicit sexual conduct with a minor.

According to an affidavit filed in support of the original criminal complaint, Mausner was actually communicating (via the Kik messaging application and texts) with an undercover FBI agent, who portrayed a single mother with a 5-year-old son and a 7-year-old daughter. Mausner allegedly engaged the undercover agent in several private chat sessions in which he said he wanted to engage in sexual activity with the mother and daughter.

In the course of these chats, the affidavit says, Mausner made numerous sexually suggestive or overtly sexually explicit comments including BDSM terminology about the mother and daughter.

Mausner traveled from Denver, Colo., to Kansas City, Mo., on May 25, 2018, and arrived at Kansas City International Airport at about 5 p.m.

The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Assistant U.S. Attorney Patrick D. Daly. It was investigated by the FBI.

Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
 

Defendant in Tax Fraud Scheme Involving Stolen Identities of Children Sentenced to 120 Months in Prison

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            PHILADELPHIA – A Darby, PA tax preparer, who used the identities of disabled children and children in foster care to file false federal income tax returns, was sentenced in federal court today to 120 months in prison and $83,870 restitution, announced U.S. Attorney William M. McSwain. Musa Turay, 44, was sentenced by U.S. District Judge Harvey Bartle III.

            Turay was a partner at Medmans Financial Services, a tax preparation business which operated two offices in Philadelphia. Turay and defendant Mohamed Mansaray, the other partner of the illegal business, ran the tax preparation business at 1869 S. 65th Street in Philadelphia.

Turay conspired to defraud the Internal Revenue Service by falsifying information on income tax returns to generate fraudulent refunds. The defendant prepared and filed federal income tax returns for clients of his tax preparation business. These returns included intentional false deductions, fake credits, and fictitious dependents using the names and Social Security numbers of children who were unrelated to the taxpayers, some of whom were in the foster care system.

            Turay prepared over 1,000 fraudulent tax returns, and the IRS estimated that the loss caused by the returns prepared by the defendant was approximately $8,000,000. The defendant also falsified his own personal income tax returns by falsely adding dependents to the returns. Additionally, he fled the country after the government filed a motion to revoke his bail. The defendant absconded for nine months, until he was ultimately apprehended and is currently being held in jail.

         “As U.S. Supreme Court Justice Oliver Wendell Holmes, Jr., noted, ‘Taxes are what we pay for civilized society,’” said U.S. Attorney McSwain. “Our tax laws are in place for a reason. When they are ignored, especially to this extent, we all lose. The defendant not only violated the tax laws, but he victimized innocent children by using their information to further his criminal scheme. This was a long-running conspiracy, and our investigators and prosecutors were determined to ensure that the defendant was held accountable for his actions. This sentence should send a message to anyone who thinks he can flout the law and target vulnerable victims without consequence.”

Turay is the last of 11 defendants prosecuted in this investigation to be sentenced for their roles in the preparation of thousands of false tax returns. The total loss to the government caused by all the tax preparers who worked at Medmans Financial Services was more than $30,000,000. The harm done to the children who were the victims of the tax fraud, however, cannot be quantified. These children will forever be at risk for the improper use of their identity information. Many of the parents and legal guardians of the children who were victimized in this case found themselves unable to file their own tax returns and claim their own children as dependents, because their children already had been falsely claimed as dependents on fraudulent returns.

          “Today's sentence exemplifies IRS Special Agents' intense focus on the rigorous pursuit of identity theft and refund fraud,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Musa Turay and his co-conspirators perpetuated an elaborate scheme driven by insatiable greed and a blatant disregard for the tremendous damage inflicted on innocent victims. Be assured that IRS Criminal Investigation, together with our partners at the U.S. Attorney's Office, will hold those who engage in similar behavior fully accountable.”

          The case was investigated by the Internal Revenue Service Criminal Investigation, the City of Philadelphia Office of Inspector General, and the Social Security Administration Office of Inspector General Office of Investigations. It is being prosecuted by Assistant United States Attorney Frank Costello.

 

Illegal alien indicted for misuse of a social security number

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WHEELING, WEST VIRGINIA – A citizen of Mexico was indicted today by a federal grand jury on a fraud charge, United States Attorney Bill Powell announced.

Irineo Aroldo Matias-Gomez, age 30, is charged with one count of “Misuse of a Social Security Number.” Matias-Gomez is accused of using a social security number that isn’t his to open a bank account in Berkeley County in October 2017.

Matias-Gomez faces up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The United States Immigration and Customs Enforcement investigated.

An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

Five People Indicted for Compromising Target’s Gift Card System and Defrauding Victims Out of Nearly $800,000

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          Five members of a fraud ring charged with compromising the internal gift card system of major national retailer, Target Corporation, and defrauding the retailer and its legitimate customers of almost $800,000 have been indicted on wire fraud charges by a federal grand jury in Seattle, announced U.S. Attorney Annette L. Hayes.  JEFFERY DOUGLAS MANN, 29, of Marysville, Washington, and JOSHUA NEWMAN, 33, of Kirkland, Washington will appear in U.S. District Court in Seattle at 2:00 today.

          A third defendant, COREY MOSEY, 30, of Lynnwood, Washington is in Washington state custody on unrelated charges.  The two remaining defendants KENNADY WESTON, 22, and DERRICK QUINTANA, 26, both of Everett, Washington, are being sought by law enforcement.

            According to the indictment unsealed today, between May 2017 and December 2017, the ring allegedly stole gift card balances worth more than $785,000, and often sold illegally purchased goods or store gift cards for bitcoin on an internet marketplace.  The co-conspirators allegedly used a special algorithm to reverse-engineer and identify unique bar code numbers of thousands of authentic gift cards sold by Target to legitimate customers.  Members of the scheme then used the retailer’s automated customer service telephone system to verify balances linked to the various stolen gift card numbers.  They then loaded active gift card numbers onto a mobile or electronic wallet app on their phones, which the co-conspirators used to purchase merchandise and legitimate gift cards at various Target store locations across at least five states: Washington, Oregon, California, Nevada and Colorado.  For example, on one occasion in November 2017, JEFFERY DOUGLAS MANN, KENNADY WESTON, DERRICK QUINTANA, and others used roughly 180 compromised gift card numbers to make $6,900 in purchases at the Southcenter Mall Target store in Tukwila, Washington. 

          When the actual cardholders later tried to use their gift cards, they discovered that they had zero balance.  In December 2017, Target modified its gift card system in response to the fraud, putting an end to the scheme.

                The charges contained in the indictment are only allegations.  A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.

            Wire fraud is punishable by up to 20 years in prison.

            The case is being investigated by the U.S. Secret Service, with assistance from the Kirkland, Lynnwood, and West Linn (OR) Police Departments, and is being prosecuted by Assistant United States Attorney Steven Masada and Special Assistant United States Attorney Benjamin Diggs.  Mr. Diggs is an attorney with the Social Security Administration specially designated to prosecute fraud cases in federal court.

 

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