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Contractor from North Royalton indicted for paying cash bribes to City of Cleveland building official

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A contractor from North Royalton was indicted for paying cash bribes to a City of Cleveland building official.

Martin Fano, 69, was indicted on seven counts of honest services mail and wire fraud.

According to the indictment:

Fano owned and operated ABC Construction LLC, a business that provided demolition and construction services in the Cleveland area. The company did demolition work for the City of Cleveland, the Cuyahoga County Land Bank and private parties.

Fano paid bribes to Rufus Taylor, who served as the City of Cleveland’s Chief of the Demolition Bureau. Fano paid money to Taylor so that Taylor would use his position to ensure work performed by Fano’s company would be quickly inspected after completion and more quickly receive signed permits for work performed.  This took place between June 2016 and January 2017, and this favorable treatment allowed Fano to receive faster payment for demolition jobs

Taylor has pleaded guilty to bribery and extortion charges and is scheduled to be sentenced later this year.

“Bribery is not acceptable, whether you are a contractor paying the bribe or a public official accepting the money,” U.S. Attorney Justin Herdman said. “Rooting out corruption is vital to protecting our public institutions.”

“Bribing a public official is, most assuredly, a bad business practice and against the law,” said FBI Special Agent in Charge Eric B. Smith. “The FBI will continue to root out public corruption and hold those that are stealing from our taxpaying citizens accountable in a court of law.”

Brad Geary, Special Agent in Charge of the U.S. Department of Housing and Urban Development’s Office of Inspector General, said: “The prosecution of Mr. Fano’s conduct should serve as a reminder that the HUD Office of Inspector General will vigorously pursue these individuals and bring them to justice.  We wish to thank the U. S. Attorney’s Office and our federal law enforcement partners for their continued partnership throughout this investigation.”

This case was investigated by the Federal Bureau of Investigation, the Department of Housing and Urban Development’s Office of Inspector General, and the Internal Revenue Service – Criminal Investigations.

It is being prosecuted by Assistant U.S. Attorneys Chelsea S. Rice and Elliot Morrison.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

A charge 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.


Akron man indicted for stamping pills containing fentanyl and other drugs to look like Percocet, as well as firearms charges

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An Akron man was indicted in federal court on fentanyl, firearms and other drug charges, as well as having an illegal pill press.

Donyea Nelson, 42, was indicted on charges including possession of die used to manufacture a counterfeit substance, possession of equipment to manufacture a controlled substance, possession of a firearm in furtherance of drug trafficking, possession with intent to distribute fentanyl, possession with intent to distribute fentanyl analogues and other charges.

According to the nine-count indictment and related court documents:

Law enforcement became aware in December 2018 of several packages sent from China to 1305 Bellows Street in Akron. Some of the shipments were consistent with parts used to press pills.

A search of one of the parcels on January 2, 2019 revealed several parts used to press and stamp pills. The die pieces recovered were designed to print and/or reproduce the trade name and mark of acetaminophen oxycodone hydrochloride, more commonly known as Percocet.

Law enforcement made an undercover controlled delivery of the package the next day. Nelson accepted and signed for the package, which was addressed to a Nelsohn Donnier.

Police entered the home and found numerous powders, capsules, items consistent with a pill press operation, as well as a .45-caliber Blackhawk pistol. The drugs were determined to include fentanyl, methamphetamine, butyrylfentanyl and 4-ANPP.

“This case is a stark reminder that people who buy drugs on the street have no idea what they are putting into their body,” said U.S. Attorney Justin Herdman. “This defendant was pressing pills to look like Percocet but his home was filled with deadly fentanyl, fentanyl analogues and other drugs. I am confident this arrest saved lives.”

“Opioid trafficking continues to be among HSI’s highest investigative priorities,” said Homeland Security Investigations’ Special Agent in Charge Steve Francis. “These deadly drugs pose an extremely serious threat to public safety in our communities. HSI and our partners will be relentless in our effort to bring traffickers of this poison to justice. ”

This case was investigated by Homeland Security Investigations, U.S. Customs and Border Protection and the Akron Police Department. It is being prosecuted by Assistant U.S. Attorney Damoun Delaviz.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

A charge 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.

 

Cuban Citizen Arrested on Charge of Making False Statements on an Application for Lawful Permanent Residence

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Indictment allege series of lies, including failure to disclose membership in the Cuban government’s Department of State Security  

           A Cuban citizen residing in Miami, Florida, was arrested on Feb. 5, by federal agents after being indicted on one count of making false statements in an immigration document.

U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Anthony Salisbury of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office made the announcement. 

            Saul Santos Ferro, 73, was charged in an indictment alleging that Santos made a number of lies and misrepresentations in his application to register as a permanent resident which he knowingly presented to U.S. immigration authorities, ultimately obtaining lawful permanent resident status.  Specifically, the indictment asserts that, when he applied to register as a permanent resident, Santos failed to disclose his membership or affiliation with any organization, falsely stated that he never served in or been a member of a police unit, and falsely stated that he never served in any situation that involved detaining persons. In fact, Santos served as a high-ranking officer in the Cuban government’s Department of State Security or Departamento de Seguridad del Estado (DSE) for decades.  Additionally, Santos falsely stated that he never by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any other immigration benefit.

            “Individuals who make false statements in immigration documents expose themselves to the serious threat of federal prosecution,” said U.S. Attorney Fajardo Orshan.  “Law enforcement in South Florida will continue to work together to prosecute those individuals who knowingly deceive the authorities about their criminal past or foreign ties, in order to fraudulently obtain immigration benefits.”

“Saul Santos Ferro allegedly lied to immigration authorities about his membership in the Cuban government’s internal security force to obtain lawful permanent residence status,” said Assistant Attorney General Benczkowski.  “The Justice Department will continue to aggressively prosecute those who seek to exploit our immigration system through fraud and deceit.”

“The United States has a lawful system of immigration that is necessary for our country to be a prosperous and orderly nation,” said Special Agent in Charge Piro.  “When the system is circumvented, the FBI and our law enforcement partners have a duty to investigate in order to protect our citizens from lawbreakers who may be hiding amongst us.”  

“The arrest of Saul Santos Ferro should send a clear message that we will not tolerate individuals who purposely deceive the government and violate our immigration laws,” said HSI Special Agent in Charge Salisbury.  “HSI is committed to working with our federal law enforcement partners to ensure that these crimes are properly investigated and prosecuted to the fullest extent of the law.”

Santos Ferro had his initial court appearance today before U.S. Magistrate Judge Edwin G. Torres for the Southern District of Florida, who ordered him released to home confinement with GPS monitoring and a $100,000 bond. 

            The charges contained in the indictment are merely allegations and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The case is being investigated by the FBI and HSI.  The case is being jointly prosecuted by Assistant U.S. Attorney Daniel Cervantes of the Southern District of Florida and Trial Attorney Rami S. Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section.

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.

Physician Sentenced to Prison for False Billing Scheme

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BOSTON –  A physician at the now-defunct New England Pain Management Associates Inc. was sentenced today in federal court in Boston for conspiring to falsify patient medical records in order to obtain payments from Medicare and commercial insurers for medical services that were not performed.

Moustafa Moataz Ibrahim Aboshady, 36, of Lake Forest, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 75 monthsin prison, three years of supervised release and ordered to pay restitution in the amount of $1,852,459. In September 2018, a federal jury convicted Aboshady of one count of conspiracy to make false statements in connection with health care benefit programs and two counts of making false statements in connection with health care benefit programs. In March 2018, co-conspirator Dr. Moustafa Moataz Mashali was sentenced to eight years in prison after pleading guilty to 27 counts of health care fraud, one count of conspiracy to commit mail fraud and 16 counts of money laundering.

“Mr. Aboshady helped Dr. Mashali operate one of the most dangerous pain management practices in Massachusetts,” said United States Attorney Andrew E. Lelling. “Dr. Mashali routinely dispensed large quantities of powerful narcotics to addicted patients. Mr. Aboshady assisted Dr. Mashali’s illegal behavior by using his training as a doctor to fabricate patient records, with the goal of duping Medicare and other insurers into paying Dr. Mashali for his fraudulent conduct. Moreover, Aboshady later lied about Mashali’s medical practices to regulatory authorities.”

“Dr. Aboshady engaged in unlawful, unethical, and unprofessional conduct. He used the Medicare system as his own personal ATM, cheating taxpayers and private insurance companies out of thousands of dollars by billing them for medical services that were never performed. The FBI is committed to protecting government and private health care programs and stopping those who steal from them,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.

During the time of the conspiracy, Aboshady was a medical resident in Massachusetts and Rhode Island, employed at New England Wellness & Pain Management, P.C., which was also known as New England Pain Associates, P.C., Greystone Pain Management, Inc., and New England Pain Institute, P.C., or NEPA. NEPA had locations in Massachusetts and Rhode Island, and was operated by Fathallah Mashali, a pain management physician.

Aboshady conspired with Mashali, other members of NEPA, and members of a satellite office in Cairo, Egypt, to falsify medical records and urine drug test results to support claims for payment to Medicare and insurers for services that Mashali did not render.

Part of the conspiracy involved falsification of patient encounter notes. Such false information included, but was not limited to, detailed descriptions of extensive physical examinations and treatment plans, and durations of face-to-face interactions with patients exceeding 20 to 40 minutes per appointment, to create the appearance of lengthy and involved patient encounters, when in fact these services did not take place. Aboshady instructed the Cairo office on how to fake patient encounter notes, how to create false electronic signatures on the encounter notes and how to make the timestamps for those signatures look realistic. 

Aboshady was also responsible, in conjunction with the office in Cairo, for fabricating urine drug test results with false test dates, so that the tests appeared to have been performed within days of specimen collection rather than weeks or months thereafter. This information was necessary to support urine drug test billing codes submitted to Medicare and insurance companies. In fact, NEPA tested patients’ urine weeks and sometimes three months after the specimens had been collected and stored unrefrigerated in large plastic bags and containers. In addition, in response to a subpoena from the State of Rhode Island concerning some of Mashali’s patients, Aboshady helped Mashali falsify patient medical records.

“Healthcare fraud is corrosive, wasting taxpayer dollars, driving up healthcare costs, and undermining the Medicare program,” said Phillip M. Coyne, Special Agent in Charge for the U.S. Department of Health & Human Services, Office of Inspector General. “Aboshady’s falsification and fabrication of medical records to further his healthcare fraud scheme compromised the integrity of our public healthcare system, and we will continue to aggressively investigate such reckless conduct.”

“I hope this sentence sends a message to other medical providers that medical billing fraud is not tolerated in Massachusetts and when caught, you will pay a price,” said Anthony M DiPaolo, Chief of Investigations of the Insurance Fraud Bureau. “This matter also illustrates the commitment of all agencies to combat medical billing fraud which affects all citizens. The Insurance Fraud Bureau of Massachusetts places a high priority on fighting this type of insurance fraud. The collaboration in this matter is unprecedented.”

U.S. Attorney Lelling; Boston FBI SAC Bonavolonta, HHS-OIG SAC Coyne, and Massachusetts IFB Chief of Investigations DiPaolo, made the announcement today. Assistance was also provided by the Internal Revenue Service’s Criminal Investigation in Boston. Assistant U.S. Attorneys Abraham R. George, Senior Litigation Counsel of Lelling’s Civil Division, and David G. Lazarus, Chief of Lelling’s Asset Recovery Unit, prosecuted the case.

New Jersey Residential Loan Company Agrees To Settle Claim It Unlawfully Foreclosed Upon Servicemembers' Homes Without Obtaining Required Court Orders

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WASHINGTON –The Justice Department today announced that PHH Mortgage Corporation (PHH) has agreed to pay $750,000 to six servicemembers to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by unlawfully foreclosing on their homes without obtaining the required court orders.

“The brave men and women who serve in our nation’s armed forces frequently are required to deploy and serve overseas with little notice,” said U.S. Attorney Craig Carpenito. “This Office remains resolute in its commitment to honor their personal sacrifices when they do so by ensuring that servicemembers’ rights will be protected, as the law requires, whenever duty calls. This agreement ensures that servicemembers will be compensated for the damages they suffered when their homes were improperly foreclosed upon while they were serving our country.”

“Our men and women in uniform deserve to be able to focus on their job of keeping our country safe without worrying about losing their home to an unlawful foreclosure,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division is committed to protecting the rights of our servicemembers from unlawful conduct.”

The SCRA prohibits foreclosing on the home of a servicemember during active military service and one year thereafter without a court order if the mortgage originated prior to the servicemember’s period of military service.

PHH is one of the United States’ largest mortgage loan servicers, operating nationwide. The New Jersey-based company also originates, sells and subservices residential mortgage loans.
The Department launched an investigation, which was handled jointly by the U.S. Attorney’s Office for the District of New Jersey and the Department’s Civil Rights Division, after it received a complaint in May 2016 through the Department’s Servicemembers and Veterans Initiative. The Department’s investigation revealed that PHH foreclosed on six homes of SCRA-protected servicemembers in violation of the SCRA between 2010 and 2012.

The agreement resolves a suit filed today by the United States in the U.S. District Court for the District of New Jersey.

The agreement requires PHH to pay $125,000 to each servicemember whose home was unlawfully foreclosed upon. The agreement also requires PHH to provide training to its staff to ensure that servicemembers do not face unlawful foreclosures in the future, and to notify the Department of future complaints regarding servicemembers’ rights.

The Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. The SCRA provides protections for servicemembers in areas such as evictions, rental agreements, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, automobile leases, life insurance, health insurance and income tax payments. Since 2011, the Department has obtained over $468 million in monetary relief for servicemembers through its enforcement of the SCRA. For more information about the Department’s SCRA enforcement, please visit www.servicemembers.gov.

Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil/content/locator.php.

Individuals who believe their civil rights have been violated in the District of New Jersey may also file a complaint with the U.S. Attorney’s Office for the District of New Jersey at: http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or may call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339.

The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Unit, Civil Division; Assistant U.S. Attorney Christopher Amore, Criminal Division; and Trial Attorney Alan Martinson, U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section.

Federal Inmates Indicted for Escaping from Prison

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                BEAUMONT, Texas – Three federal prison inmates have been indicted for escaping from prison announced U.S. Attorney Joseph D. Brown today.

                The three federal inmates were charged with escape in three separate indictments returned by a federal grand jury today.

                According to the indictments on Jan. 12, 2019, the Jefferson County Sheriff’s Office received a call from a citizen near the Bureau of Prison Camp Facility in west Jefferson County  reporting they had witnessed inmates crossing a pasture and getting picked by a vehicle on Hillebrandt Road.  A Jefferson County Sheriff’s Deputy pulled over the vehicle shortly afterwards and found two of the escapees inside.  The inmates were transported back to the prison facility by law enforcement officers.  A third inmate returned to the facility on foot several hours later.  Charged in the indictments are:

  • Juan Carlos Acuna, 37, of Marietta, Georgia.  Acuna was sentenced to 22 years in federal prison in 2006 for possession with intent to distribute over 150 kilos of cocaine.
  • Clemente Valdez, Jr., 36, of Dallas.  Valdez was sentenced to over 17 years in federal prison in 2012 for conspiracy to commit money laundering and conspiracy to distribute cocaine.  Valdez was also convicted of marijuana trafficking in 2003 and served state prison time in North Carolina for that offense.
  • Arnold Troy Crayton, 37, of Fort Worth.  Crayton was sentenced to 5 years in federal prison in 2014 for possession with intent to distribute marijuana.  He has prior felony convictions for conspiracy to distribute cocaine and has been in a federal prison facility since 2002.

If convicted, the defendants each face up to five years in federal prison.

This case is being investigated by the U.S. Bureau of Prisons and Jefferson County Sheriff’s Office and prosecuted by Executive Assistant U.S. Attorney Brit Featherston.

A grand jury indictment is not evidence of guilt.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

 

Red River Army Depot Contractor Sentenced for Assaulting Police Officer

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TEXARKANA, Texas – A 32-year-old Red River Army Depot contractor has been sentenced to federal prison for assaulting a Red River Army Depot Police Officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Dontrell McChester, of Hooks, Texas, pleaded guilty on Nov. 5, 2018, to assault on a federal officer and was sentenced to 13 months in federal prison by U.S. District Judge Robert W. Schroeder, III, on Jan. 30m 2019.  During sentencing, Judge Schroeder found that McChester had recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer.  McChester was also ordered to pay restitution in the amount of $592.36.

                According to information presented in court, on Sep. 11, 2018, McChester attempted to enter the Red River Army Depot in his vehicle when Red River Army Depot Police Officers at the main gate smelled the odor of marijuana coming from his vehicle.  Officers directed McChester to exit the vehicle for further inspection.  While officers were conducting that inspection, McChester ran from officers, re-entered the vehicle, and attempted to drive away.  McChester began kicking an officer, who was struggling with him to stop the vehicle.  While attempting to flee, McChester drove the vehicle in a manner that could have easily killed or seriously injured the officers at the scene.  Officers were finally able to restrain McChester by using pepper spray.  The assaulted officer received injuries and was also pepper sprayed during the altercation.               

                This case was investigated by the Red River Army Depot Police Department and was prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Allen Hurst and Special Assistant U.S. Attorney Ivor Jorgensen.

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Brazilian National Charged with Making False Statements Concerning South Boston School Shooting

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BOSTON – A Brazilian national was arrested today and charged in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018. 

Clebio P. De Lima, 43, a Brazilian national illegally residing in Quincy, was arrested and charged in an indictment unsealed today with two counts of making false statements to federal authorities. De Lima will appear at 11:30 a.m. in federal court in Boston.

According to the charging documents, in February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. It is alleged that the letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.” 

Following an investigation, it was determined that the allegations in the letter were false. During an interview with agents in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS. 

The charging statute provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today.  The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 


New Zealand Man Indicted for Kidnapping and Child Pornography

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RICHMOND, Va. – A federal grand jury returned an indictment today charging a New Zealand man with four counts of production of child pornography and one count of kidnapping and attempted kidnapping.

According to allegations in the indictment, Troy George Skinner, 25, knowingly used a minor child living in Goochland, Virginia, to produce two videos of child pornography and two image files of child pornography. The indictment alleges that these acts occurred on four separate dates in February and March 2018. 

The indictment further alleges that from June 20 to June 22, 2018, Skinner traveled from New Zealand to Virginia, whereupon his arrival he unlawfully and willfully seized and confined the minor victim, and attempted to seize, confine, and kidnap the minor victim for ransom or another reason, and that he also used the Internet in furtherance of this offense.

If convicted of producing child pornography, Skinner faces a mandatory minimum of 15 years in prison and a maximum of 30 years on each count. If convicted of the kidnapping/attempted kidnapping, he faces a mandatory minimum of 25 years in prison and a maximum of life. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and MaryJo Thomas, Acting Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement. Assistant U.S. Attorneys Brian R. Hood and Katherine Lee Martin are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-19.

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.

U.S. Attorney Fallen Law Enforcement Officer Statement of Support

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United States Attorney for the Eastern District of Wisconsin Matthew D. Krueger issued the following statement regarding Milwaukee Police Officer Matthew Rittner, who was shot and killed in the line of duty yesterday: “Our heartfelt condolences go out to Officer Rittner's family, friends, and law enforcement colleagues. Officer Ritter selflessly dedicated himself to protecting the residents of the City of Milwaukee, and his death is a tragic loss for the entire community.  His sacrifice and service will not be forgotten.”

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For Additional Information Contact:

Public Information Officer Kenneth B. Gales – (414) 297-1700

Eastern District of Tennessee U.S. Attorney’s Office Backs the Blue

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Although we are only a little more than a month into 2019, statistics from the Officer Down Memorial Page indicate that across the nation 15 police officers have already been killed in the line of duty.  One officer death is too many.  Fifteen is an outrage! 

These same statistics indicate that in 2018 a total of 150 police officers lost their lives in the line of duty.  The number reaches a staggering total of 811 for the past five years.  Few words are more heart wrenching than “officer down.” This violence against police officers must stop.

Brave members of the law enforcement community put their lives on the line every day to make our neighborhoods safer.  They do this selflessly, not for the money, fanfare, or recognition, but because of a desire and commitment to serve their communities.  They are the foundation of our cities and towns, making sacrifices 24 hours a day, seven days a week, to ensure the safety of their families, friends and complete strangers.  They should never have to sacrifice their lives. They are our first call when we need help…and, that call should never be their last.

In February 2017, just weeks after taking office, President Trump issued an executive order calling on the Department of Justice to back our men and women in blue.  This is exactly what our office has done and will continue to do.  As United States Attorney in the Eastern District of Tennessee, I am personally committed to working in partnership with state and local law enforcement to develop strategies that work in our communities and make the streets safer for everyone, including law enforcement.  Our office will continue to ensure that our laws are enforced and the public is safe.

The considerable number of law enforcement officers injured or killed across the nation in the line of duty over these past few weeks should be a reminder to us all of the hundreds of thousands of men and women in this country who put themselves in harm’s way each day. They, as well as their families, deserve our heartfelt thanks for a job well done.

While we should always surround our law enforcement community with respect and appreciation, this is especially important during the time of these senseless deaths. I challenge each of you in the coming days to make a point simply to stop and say “thank you” to an officer for doing his or her job to keep us, our families and our communities a safer place to live.

J. Douglas Overbey, United States Attorney, Eastern District of Tennessee

North Carolina Man Pleads Guilty to the Armed Robberies of Armored Vehicles in Maryland and North Carolina

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Baltimore, Maryland – Orneth South, age 49, of Charlotte, North Carolina, pleaded guilty late on February 6, 2019, to robberies of two armored vehicles – one in Maryland on January 22, 2018, and one in North Carolina on February 9, 2015.  South has a 2007 armed robbery conviction in the Eastern District of New York.

The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; United States Attorney for the Western District of North Carolina R. Andrew Murray; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Salisbury Police Chief Barbara Duncan.

According to his guilty plea, on January 22, 2018, South and his co-defendants approached the driver of the armored vehicle as he was removing cash cassettes from an ATM machine at a credit union on Mt. Hebron Road in Salisbury, Maryland.  Co-defendant Michael Watts placed a gun to the driver’s head, and disarmed him of his service weapon.  Watts then grabbed the driver by the hair and order him to open the door of the armored vehicle.  After the driver opened the door, South and another co-defendant removed several bags of money from the vehicle, as well as ATM cassettes filled with cash.  Watts then forced the driver into the vehicle, where he used zip ties to secure the driver’s hands.  The robbers then fled with the money, stealing a total of $1,324,288.  The robbers went to the co-defendant’s residence in nearby Princess Anne and divided the stolen money.

On April 20, 1018, South was arrested in Charlotte, North Carolina, on a warrant issued as a result of the robbery.  South agreed to talk to investigators and confessed to the robbery on January 22, 2018.

On January 31, 2019, co-defendant Michael Watts, a/k/a “Turtle,” age 42, of Brooklyn, New York, pleaded guilty to his role in the robbery.  Watts was arrested on May 18, 2018, in Queens, New York on a warrant issued as a result of the robbery.  At the time of his arrest, Watts was wearing approximately $70,000 in jewelry, including a custom turtle pendant, which was purchased with the proceeds of the armored vehicle robbery.  Watts also admitted using his portion of the stolen money to purchase a Mercedes S430 automobile, clothes, two tombstones, and to pay off bills and rent.

At the time of his arrest, South also admitted his involvement in a separate armored vehicle robbery in North Carolina on February 9, 2015.  In that robbery, South and two accomplices pointed a semi-automatic handgun at the guard, stole his handgun and $120,694.25 that had just been retrieved from a nearby restaurant and was in a bag slung over the guard’s shoulder.

As part of their plea agreements, the defendants will be required to pay restitution in the full amount of the loss, which is at least $1,324,288.

South and the government have agreed that if the Court accepts the plea agreement, South will be sentenced to 20 years in prison.  U.S. District Judge Richard D. Bennett has scheduled sentencing for Watts on May 1, 2019 and for South on May 8, 2019, both at 3:00 p.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 make our neighborhoods safer for everyone.  Project Safe Neighborhoods (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.

United States Attorneys Robert K. Hur and R. Andrew Murray commended the FBI’s field offices in Baltimore and Charlotte, the Salisbury Police Department, and the Charlotte-Mecklenburg Police Department for their work in the investigation.  Mr. Hur and Mr. Murray thanked Assistant U.S. Attorneys P. Michael Cunningham and Paul A. Riley, who are prosecuting the Maryland case, and Assistant U.S. Attorney Lambert F. Guinn, who handled the North Carolina case.

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Las Vegas Man Sentenced To 18 Years In Prison For Distribution Of Child Pornography

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LAS VEGAS, Nev. – A Las Vegas man who uploaded child pornography to an instant messaging site was sentenced yesterday to 18 years and one month in federal prison to be followed by a lifetime term of supervised release, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.

Steven Wilson, 35, of Las Vegas, previously pleaded guilty to distribution of child pornography and was sentenced by U.S. District Judge Kent J. Dawson.

In November 2016, Wilson uploaded seven images of child pornography to the Yahoo! messenger application. Law enforcement determined the images were uploaded at an apartment belonging to Wilson. A search warrant was executed at his residence. He admitted to law enforcement that he possessed and distributed child pornography in chat rooms, as well as through Yahoo! messenger. A forensic examination of devices belonging to Wilson revealed over 750 images and videos of child pornography, including 44 images and videos depicting infants and toddlers and numerous images depicting violence.

During the investigation, a minor victim reported that Wilson had sexually abused her.  Wilson subsequently was charged with and pleaded guilty in Clark County District Court to one count of attempted sexual assault.  On January 29, 2019, Wilson was sentenced in connection with that case to five to 15 years in prison.

The case was investigated by the FBI. Assistant U.S. Attorney Christopher Burton prosecuted the case.

If you have information regarding possible child sexual exploitation, make a report to the National Center for Missing and Exploited Children (NCMEC) by calling the 24-hour hotline at 1-800-THE-LOST (1-800-843-5678) or by making a report at www.cybertipline.com.

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 U.S. Attorneys’ Offices and the 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 and for information about internet safety education, please visit www.justice.gov/psc.

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Georgia Man Pleads Guilty To Conspiracy In Connection With A Bribery Scheme Involving Three Former Top Buncombe County Officials

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ASHEVILLE, N.C. – U.S. Attorney Andrew Murray announced that Joseph F. Wiseman, Jr., 58, of Roswell, Georgia, pleaded guilty to a conspiracy charge today, for his role in a bribery scheme involving three former top Buncombe County Officials.

John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Director Robert Schurmeier of the North Carolina State Bureau of Investigation (SBI); and Matthew D. Line, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), join U.S. Attorney Murray in making today’s announcement.

According to documents filed with the court, at various times from the mid-1980s through 2017, Wiseman was the agent and contractor on behalf of three businesses that collectively obtained more than $15 million in contracts with Buncombe County for consulting and engineering services.  Court records show that from at least 2014 through June 30, 2018, Wiseman engaged in a bribery scheme involving three top Buncombe County Officials: former County Manager Wanda Skillington Greene; former Director of the Department of Planning and Development Jon Eugene Creighton; and former Director of the Department of Social Services, Assistant County Manager, and later Buncombe County Manager, Amanda Stone (collectively, “County Officials”).

According to court documents, the plea agreement, and statements made in court, Greene, Creighton, and Stone engaged in the bribery scheme with Wiseman and used their official positions to enrich and benefit themselves by soliciting and accepting gifts, payments, and other things of value from Wiseman, in exchange for awarding Wiseman and the companies he represented with lucrative county contracts and projects.  Court records show that Wiseman understood and agreed that providing the trips, gifts, and other things of value to the three County Officials was a necessary condition for his companies to continue to obtain contracts with the County.

According to court records, prior to 2014, Greene, Creighton, and Stone went on trips that were connected in some way with legitimate county business, but during which Wiseman provided things of value such as meals, wine, tickets to sporting events, and other excursions.  By 2014, the County Officials solicited and accepted valuable gifts from Wiseman that were entirely unrelated to any legitimate County business.  For example, Wiseman paid for pleasure trips to various locations within the United States and abroad, including to Key West, Boston, Martha’s Vineyard, Napa Valley, San Diego, Vienna, Budapest, Cartagena, and Vancouver, among others.  In addition to lodging and airfare, during those trips Wiseman also paid for sightseeing excursions, spa sessions, and gift shop purchases, such as cases of wine from the Napa Valley vineyards that the County Officials visited. To pay for the trips and other incidentals, Wiseman either provided the County Officials with his credit card number, or, as in Creighton’s case, the credit card itself. 

As a result of receiving the above-cited things of value, Greene and Creighton awarded on behalf of Buncombe County multiple contracts worth over $2 million to Wiseman’s company, Environmental Infrastructure Consulting, LLC (EIC).  According to the filed factual basis statement to which Wiseman agreed during the entry of his guilty plea, Wiseman contends that the expenses he incurred by providing these trips, gifts, and other things of value to the County Officials came out of what otherwise would have been part of the his own profit, rather than from any type of “padding” or inflating of the contract amounts.  However, Wiseman did agree that he provided the valuable gifts for the purpose of influencing Greene, Creighton, and Stone’s decision to award the contracts, and, in doing so, Wiseman conspired with the County Officials to deprive the Government and the citizens of Buncombe County of their right to the honest services of those employees.

Wiseman pleaded guilty to conspiracy to commit honest services fraud before U.S. Magistrate Judge Carleton Metcalf. The maximum penalty for the charge is five years in prison and a fine of $250,000.  A sentencing date has not been set.

In making today’s announcement, U.S. Attorney Murray thanked the FBI, IRS-CI and the SBI for their investigation of this case, and noted that the investigation into allegations of criminal activities within the Buncombe County Government is ongoing.

Assistant United States Attorney Richard Edwards of the U.S. Attorney’s Office in Asheville is prosecuting the case.

Jennifer Dwyer Indicted For Embezzling Over $2 Million from Employer

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The Office of the United States Attorney for the District of Vermont stated that Jennifer Dwyer, 48, of St. Johnsbury, Vermont, has been indicted on a charge that she embezzled more than $2 million over a ten-year period from her Lyndonville employer, Northeast Agriculture Sales, Inc. (“NEAG”).  Dwyer was arraigned on the charge by U.S. Magistrate Judge John M. Conroy on January 24, 2019, where Dwyer pled not guilty and was ordered released pending trial.  If convicted, Dwyer faces a maximum possible penalty of 20 years in prison. 

According to the Indictment, NEAG, a family business, was established in 1987 and has locations in Lyndonville and Maine.  Dwyer was NEAG’s bookkeeper from approximately 1998 to 2017.  As bookkeeper, her responsibilities included customer billing, handling company accounts, and managing NEAG’s payroll system.  The Indictment charges that between 2007 and 2017, Dwyer embezzled approximately $2,221,079.47 from her employer through unauthorized electronic transfers of funds from NEAG’s payroll account to her personal checking account.  The government further alleges that Dwyer used the misappropriated funds to engage in on-line gambling and pay personal debts.  The Indictment also contains a Forfeiture Notice notifying Dwyer that it intends to seek forfeiture of any property constituting, or derived from, the proceeds of the alleged fraudulent scheme.          

Dwyer was arrested in Lyndonville by FBI Agents on January 17, 2019.

The United States Attorney’s Office noted that the Indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty.  Any sentence in this case will be advised by the federal Sentencing Guidelines. 

The Federal Bureau of Investigation is conducting the investigation in this matter.   

This prosecution is being handled by First Assistant U.S. Attorney Kevin J. Doyle.  Jennifer Dwyer is represented by John B. St. Francis, Esq. of Burlington.


Department of Justice announces update on combating human trafficking; Montana task force aiding in investigations, prosecutions

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BILLINGS -- Montana, through a multi-agency task force on human trafficking, supports Department of Justice efforts to raise awareness about the activity and to fight this violent crime, U.S. Attorney Kurt Alme said today.

The Department of Justice dedicated January as National Slavery and Human Trafficking Prevention Month, as proclaimed by President Trump in December 2018.

In 2018, the Department of Justice fought human trafficking by investigating and prosecuting traffickers, dismantling transnational human trafficking networks, enhancing victim identification and protection of victims of trafficking and funding and providing domestic and international anti-trafficking programs.

“Human trafficking is a horrible crime against the human dignity of the victims, and it can have no place in our society,” Acting Attorney General Matthew G. Whitaker said. “But the Department of Justice is taking action against the traffickers. In fiscal year 2018, the Department of Justice secured over 500 human trafficking convictions—an increase from the previous year,” Whitaker said.

“Human trafficking, which exploits and enslaves both adults and juvenile victims, is happening in Montana,” U.S. Attorney Alme said. “However, the collaborative work of the Montana task force in sharing and discussing leads, trends and operations is key to bringing human traffickers to justice and to aiding victims. If anyone in Montana sees any evidence of human trafficking they should bring it to the attention of law enforcement right away,” he said.

 In 2018, the Montana Human Trafficking Task Force assisted in the prosecution and convictions of four human trafficking related cases. The cases included Terrance Edwards, who was sentenced to 30 years in federal prison for convictions on sex trafficking and other charges; co-defendant Francine Granados, who was sentenced to two years in federal prison for witness tampering in the Edwards case; and Christina Jackson, who was sentenced to five years of federal probation for conviction of transportation of adults. In Missoula County, Walter Hill is awaiting trial in state district court on charges of promoting prostitution. In 2015, Hill was revoked on violations for a previous conviction for promoting prostitution.

The Montana Human Trafficking Task Force is composed of federal, state and other law enforcement agencies that meet quarterly to discuss trends in human trafficking in the state, operations, tactics and active cases. There are about 20 members, representing the US Attorney’s Office, FBI, Drug Enforcement Administration, Homeland Security Investigations, Bureau of Indian Affairs, IRS, the Montana Department of Justice, representatives from the Fort Peck, Ft. Belknap and Blackfeet tribes and the Missoula Police Department. The task force works in collaboration with numerous private-public task forces throughout the state. The task force was created in 2012 and its membership has evolved.

 Montana communities with regional task forces include Yellowstone, Missoula, Flathead, Gallatin and Cascade counties. Anyone interested in working on community strategies or assisting victims of human trafficking should reach out to their regional task force, U.S. Attorney Alme said.

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California Man Sentenced for Threatening Communications

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United States Attorney Ron Parsons announced that a California man convicted of Interstate Communications of Threats to Injure was sentenced on January 4, 2019, by U.S. District Judge Roberto A. Lange.

Zackary Anthony Mitchell, age 23, was sentenced to time served through February 6, 2019, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. As part of the supervised release plan, he will return to California and be on home confinement to his father’s home for 5 months.

Mitchell was indicted by a federal grand jury on October 16, 2018.  He pled guilty on January 3, 2019.

The conviction stemmed from an incident that occurred between December 23, 2017, and January 14, 2018, when Mitchell repeatedly texted the victim threatening harm and injury to her and threats of killing her family.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

Mitchell was immediately turned over to the custody of the U.S. Marshals Service.

Federal Grand Jury Criminal Indictments Announced

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TULSA, Okla. –United States Attorney Trent Shores announced today the results of the February 2019 Federal Grand Jury. An additional seven sealed indictments were also returned.

The following individuals have been charged with violations of United States law in an indictment returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Benito Alba-Figueroa. Unlawful Reentry of a Removed Alien. Benito Alba-Figueroa, 23, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Aug. 8, 2015, at or near Nogales, Arizona. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Martin Castillo-Vasquez. Unlawful Reentry of a Removed Alien. Martin Castillo-Vasquez, 24, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Jun. 25, 2015, at or near El Paso, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Jesus Ponce Dominguez.Possession of Methamphetamine With Intent to Distribute; Possession of Heroin With Intent to Distribute; Maintaining a Drug-Involved Premises; Possession of Firearms While Present in United States Under Nonimmigrant Visa; and Possession of Firearms in Furtherance of Drug Trafficking Crimes. Dominguez, 29, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; possession with intent to distribute 100 grams or more of a mixture and substance containing heroin; maintaining a place to manufacture and distribute methamphetamine and heroin; possessing firearms while present in the United States while under a nonimmigrant visa; and possessing firearms in furtherance of drug trafficking crimes. Dominguez possessed a combination of seven pistols, one shotgun, and four rifles. The Tulsa Police Department, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.

Adrian Ponce Dominguez. Possession of Methamphetamine With Intent to Distribute; Maintaining a Drug-Involved Premises; and Possession of Firearms in Furtherance of Drug Trafficking Crimes.Dominguez, age unknown, of Tulsa, is charged with possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; maintaining a place to manufacture and distribute methamphetamine; and possessing firearms in furtherance of drug trafficking crimes, including Beretta Nano 9 mm pistol and a Masterpiece Arms Defender 9 mm pistol. The Tulsa Police Department and Drug Enforcement Administration are the investigative agencies.

Christopher Jacob Froehlich. Aggravated Identity Theft and Wire Fraud.Froehlich, 33, of Salisaw, is charged with knowingly possessing and using, without lawful authority, identification belonging to another individual while committing wire fraud, which is a felony. Froehlich used a stolen credit card to make fraudulent purchases at a Walmart, causing a loss of $1,058.29.  The U.S. Secret Service and Broken Arrow Police Department are the investigative agencies.

Gustavo Adrian Lopez-Soria. Unlawful Reentry of a Removed Alien. Lopez-Soria, 26, of Amarillo, Texas, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported March 12, 2018, at Laredo, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Efrain Munguia-Alverez. Unlawful Reentry of a Removed Alien. Munguia-Alverez, 32, of Tulsa, is charged with reentry of a removed alien, having returned to the United States unlawfully after being deported Nov. 28, 2016, at Del Rio, Texas. Immigration and Customs Enforcement’s Homeland Security Investigations is the investigative agency.

Kenneth James Thunderburk. Possession of Methamphetamine with Intent to Distribute.  Thunderburk, 37, of Bernice, is charged with possessing with intent to distribute methamphetamine. The Catoosa Police Department, Bureau of Indian Affairs and Drug Enforcement Administration are the investigative agencies.

Rosebud Man Sentenced for Failure to Register as a Sex Offender

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United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.

Tyrone Steven Andrews, age 26, was sentenced to 15 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Andrews was indicted by a federal grand jury on August 14, 2018.  He pled guilty on December 12, 2018.

Andrews was convicted of Abusive Sexual Contact in July 2016.  As a result of this conviction, he is required to register as a sex offender.  On July 2, 2018, Andrews registered his address as the Union Gospel Mission in Sioux Falls; on July 5, 2018, Andrews absconded from the Union Gospel Mission and failed to update his registration between July 8, 2018, and August 14, 2018.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

Andrews was immediately turned over to the custody of the U.S. Marshals Service.

Oglala Man Sentenced to 16 Years in Deaths of Three Family Members and Unborn Child

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United States Attorney Ron Parsons announced that an Oglala, South Dakota, man convicted of three counts of Involuntary Manslaughter was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Tyler Makes Him First, age 29, was sentenced on February 1, 2019, to 16 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund and $9,300 in restitution.

Makes Him First was charged on May 22, 2018.  The conviction stems from Makes Him First crossing into oncoming traffic on BIA 27 at a high rate of speed while intoxicated, hitting an oncoming car and killing all three occupants, including a one-year old child and a pregnant woman, in November 2017 near Porcupine.

This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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