John H. Durham, United States Attorney for the District of Connecticut, announced that ANDRE JOHNSON, also known as “Cuzz Crip” and “Cuzzy Blue,” 30, of New Haven, pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to one count of possession of a firearm by a convicted felon.

According to court documents and statements made in court, on February 28, 2019, law enforcement conducted a controlled purchase of a handgun an extended magazine from Johnson in exchange for $900.  After the transaction, investigators seized a Taurus model PT 24/7 Pro DS 9mm, a loaded extended magazine and a loaded standard magazine that Johnson transferred during the purchase.

Johnson’s criminal history includes state felony convictions for illegal possession of an assault weapon and possession with intent to distribute a controlled substance.

Johnson has been detained since his arrest on April 11, 2019.

Judge Dooley scheduled sentencing for October 23, 2019, at which time Johnson faces a maximum term of imprisonment of 10 years.

This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, New Haven Police Department and Connecticut Department of Correction.  The case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle and Jocelyn Courtney Kaoutzanis.

This prosecution has been brought though Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.

Gulfport, Miss. – Consuelo Azeneth Garcia Lopez, 39, a legal permanent resident in the United States from Mexico, was sentenced yesterday by U.S. District Judge Sul Ozerden to 60 months in federal prison followed by five years of supervised release, for possessing with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Brad L. Byerley, Special Agent in Charge of the Drug Enforcement Administration’s New Orleans Field Division.

On September 27, 2016, Garcia Lopez was traveling eastbound on Interstate 10 when she was pulled over for a traffic violation by a Gulfport Police Detective. She informed the officer that she was tired, having driven all day, but could not give a location to where she was traveling. Instead, she said she would be told where to go when she arrived in Alabama. The officer learned that Garcia Lopez had several border crossings into and out of Mexico. The officer asked and obtained consent to search the vehicle and located almost 5 kilograms of pure methamphetamine hidden in the vehicle.

Garcia Lopez was legally in the country but is not a U.S. citizen. She pled guilty on April 30, 2019 to one count of possession with intent to distribute methamphetamine

The case was investigated by the Drug Enforcement Administration and the Gulfport Police Department. It was prosecuted by Assistant U.S. Attorney John Meynardie.

RICHMOND, Va. – A Richmond man was sentenced today to nearly five years in prison for his second conviction of being a felon in possession of a firearm.

“With over 30 criminal convictions, Johnson has shown total disregard towards our justice system,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “A convicted felon possessing a loaded gun and drugs is a deadly combination for communities across the Eastern District. Along with our law enforcement partners, we are 100 percent committed to pursuing criminals like Johnson who present a serious danger to the safety of our communities.”

According to court documents, Devonte Johnson, 28, was approached by law enforcement officers on a public sidewalk in Gilpin Court around 2:00 a.m. in January. When one of the officers noticed a bulge in Johnson’s waistband, Johnson turned away and soon thereafter fled from the officers.  While fleeing, Johnson reached into his waistband for a loaded .22 caliber semiautomatic pistol, which was later recovered by law enforcement and found to be fully loaded with ammunition.  After arresting Johnson, officers searched him for contraband, ultimately recovering crack cocaine and heroin. Johnson was previously convicted in Richmond Circuit Court for possessing a firearm after being convicted of a violent felony.

"This case is a great example of the partnership between local, state and federal law enforcement,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office. “The Richmond Violent Crime Initiative, led by the United States Attorney’s Office (USAO), has prioritized violent crime reduction in our city. The FBI is grateful for the partnership with the USAO, as well as with the Bureau of Alcohol, Tobacco and Firearms, the Drug Enforcement Administration, and the City of Richmond Police Department that led to the successful federal prosecution of a convicted felon in possession of a firearm."

This case is part of Project Safe Neighborhoods (PSN), which 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.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorney Kenneth Simon prosecuted 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 are 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-49.

Two men from Northeast Ohio were indicted in federal court for using a firearm while robbing a bank in Richmond Heights last year.

I’ziah Clark, 20, of Shaker Heights, and Joseph Kyle Sanders, 19, of Cleveland, were both indicted on one count of armed bank robbery and one count of using a firearm during a crime of violence.

Clark and Sanders used a firearm on June 1, 2018, when they robbed the Citizens Bank at 690 Richmond Road in Richmond Heights, according to the indictment.

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 records, 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.

The investigation preceding the indictment was conducted by FBI and Richmond Heights Police Department. The case is being prosecuted by Assistant U.S. Attorney Scott Zarzycki.

An indictment is only a charge 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.

A Toledo man was indicted in federal court after he allegedly took cellular phone photos of himself sexually assaulting a 2-year old child and another young girl.

William Robert Collins, 32, was indicted in U.S. District Court on two counts of production of child pornography and one count of receipt and distribution of child pornography.

“This defendant is accused of sexually abusing two very young girls and recording the crimes,” U.S. Attorney Justin E. Herdman said. “The allegations are reprehensible and we will hold this defendant accountable for his crimes.”

"The abuse of a child is incomprehensible,” said FBI Special Agent in Charge Eric B. Smith. “Individuals, such as Mr. Collins, that choose to engage in the despicable taking and sharing of sexually explicit photos of children will face a court of law. Law enforcement will continue efforts to protect our most precious resource, our children.”

Investigators determined earlier this year that a person using the screen name “biggdikkdaddy” was found to be a member of multiple online groups which shared thousands of images of children, including infants and toddlers, being sexually assaulted, according to court documents.

Subsequent subpoenas revealed the username was registered to William Collins of 633 E. Central Ave. in Toledo. It was determined Collins’ most recent address was 3326 Beaumont Drive in Toledo, according to court documents.

Collins posted numerous sexually explicit images of young girls, as well as images of himself holding his penis. The hand in that photo has unique tattoos with a skull on his left thumb and the word “dilligaf” written on his left hand. Subsequent investigation revealed Collins had tattoos matching the tattoos in the photos, according to court documents.

A federal search warrant was executed at 3326 Beaumont Drive in Toledo on July 10. Collins was present and his cell phone was examined. Investigators found approximately six images of child pornography believed to be produced by Collins. The images are depictions of Collins sexually assaulting a two-year-old and include his hand with the district tattoos, according to court documents.

Collins also sexually assaulted an unidentified female child on November 12, 2018 and created visual depictions of the conduct, according to the indictment.

The investigation is ongoing.

If convicted, the defendant’s sentence will be determined by the Court after reviewing 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.

This case was investigated by the FBI and the Ottawa County Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.  

An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

KANSAS CITY, Mo. – The U.S. Attorney’s Office for the Western District of Missouri has filed a notice of intent to seek the death penalty against two men previously charged in two area murders.

Shawn Burkhalter, also known as “Deuce,” 30, of Kansas City, Missouri, and Joshua Nesbitt, also known as “T,” 25, of Crowder, Mississippi, were indicted last year for the murders of Anthony Dwayne Johnson and Danny Lamont Dean. On Tuesday, July 30, the government filed a notice of intent to seek the death penalty against Burkhalter and Nesbitt.

The notice of intent states that the government believes a sentence of death is justified for Johnson’s murder in furtherance of an evidence-tampering conspiracy, for Johnson’s murder as a potential witness, and for Johnson’s murder in furtherance of a drug-trafficking crime. The notice also states that the government believes a sentence of death is justified for Dean’s murder in furtherance of a drug trafficking crime. Each of those four counts of the indictment carry a possible sentence of death.

Murder of Anthony Dwayne Johnson

The federal indictment alleges that Burkhalter and Nesbitt shot and killed Johnson on Oct. 4, 2015, using a Rock River Arms AR-15 5.56-caliber semi-automatic rifle.

Burkhalter and Nesbitt are charged together in one count of murdering a potential witness. The indictment alleges that Johnson’s murder occurred in order to prevent his testimony and to prevent him from communicating with law enforcement.

Burkhalter and Nesbitt also are charged together with participating in a witness- and evidence-tampering conspiracy that resulted in Johnson’s murder. Their objective, the indictment says, was to kill or at least intimidate and threaten Johnson to prevent his testimony and to prevent him from communicating with law enforcement. They also allegedly threatened to kill another person, identified as “Witness #1,” to cause that person to help conceal the AR-15 rifle used to murder Johnson and Dean, so that it could not be used as evidence.

Burkhalter and Nesbitt also are charged together with using a firearm to commit murder during and in relation to a drug-trafficking crime. The indictment alleges that Johnson’s murder occurred during a robbery of marijuana from an apartment.

Murder of Danny Lamont Dean

The indictment alleges that Burkhalter and Nesbitt shot and killed Dean on Sept. 10, 2015, while robbing him of cocaine. They allegedly used the same AR-15 rifle. Burkhalter and Nesbitt are charged together in one count of using a firearm to commit murder during and in relation to a drug-trafficking crime.

Superseding Indictment

Burkhalter and Nesbitt were originally charged in a Feb. 21, 2018, federal indictment. A federal grand jury in Kansas City, Missouri, returned a superseding indictment on Tuesday, July 30, 2019, that contains two additional charges against Burkhalter and Nesbitt. The superseding indictment also charges an additional defendant.

The superseding indictment charges Burkhalter and Nesbitt with evidence tampering (related to the conspiracy) and charges Burkhalter with witness tampering. Burkhalter, while in pretrial detention after his arrest, allegedly threatened a person identified as “Witness #2” by using another detainee to pass a message to Witness #2, who was being held at a different detention facility.

Anthony Peltier, also known as “A-1,” 37, of Lawrence, Kansas, is also charged in the superseding indictment, along with the original co-defendants – Sharika Hooker, 30, and Autry Hines, also known as “Bud,” 28, both of Kansas City, Mo.; Nickayla Jones, also known as “Red,” 24, of Blue Springs, Mo.; and Rachel Ryce, 31, of Raytown, Mo. Co-defendant Joslyn Lee, also known as “Bless,” 27, of Blue Springs, has already pleaded guilty and therefore is not charged in the superseding indictment.

The superseding indictment retains the original charges against several co-defendants. Jones, Hines, and Ryce are charged with participating with Burkhalter and Nesbitt in the witness and evidence-tampering conspiracy that resulted in Johnson’s murder. Jones, Hines, Ryce, Hooker, and Peltier are charged together with being accessories after the fact of Johnson’s murder. The indictment alleges they assisted Burkhalter and Nesbitt by, among other things, taking steps to hide or destroy evidence pertaining to the murder of Johnson. 

Drug-Trafficking Conspiracy

    Six of the seven defendants – Burkhalter, Nesbitt, Jones, Hines, Ryce and Peltier – are charged with participating in a conspiracy to distribute cocaine and marijuana from 2008 to Feb. 20, 2018.

In addition to the conspiracy, Burkhalter and Nesbitt are charged together with one count of possessing cocaine (which they allegedly stole from Dean) with the intent to distribute on Sept. 10, 2015.

Burkhalter and Nesbitt also are charged together with one count of discharging a firearm in furtherance of a drug-trafficking crime, related to the discharge of the AR-15 rifle in furtherance of the drug-traffficking conspiracy and the possession of cocaine to distribute.

Burkhalter, Nesbitt, Jones, Hines and Ryce also are charged together with possessing marijuana with the intent to distribute on Oct. 4, 2015. The indictment alleges that they intended to sell a quantity of the marijuana they robbed from Johnson on that date. They are also charged together in one count of discharging a firearm in furtherance of a drug-trafficking crime.

Armed Robbery

    Burkhalter and Nesbitt are charged together in one count with robbing a Kansas City, Mo., business on Sept. 8, 2015, and in one count with brandishing a firearm (the same AR-15 rifle) in furtherance of a crime of violence. Burkhalter and Nesbitt are also charged together in one count of being felons in possession of a firearm.

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. Attorneys David Raskin and Adam Caine. It was investigated by the FBI and the Kansas City, Mo., Police Department.

John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that KENTWAN ROBINSON, also known as Thomas Robinson, 26, of Ansonia, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to fentanyl and crack cocaine distribution offenses.

According to court documents and statements made in court, in November 2018, the Drug Enforcement Administration received information that Robinson was distributing fentanyl in the Bridgeport area.  On three occasions between November 2018 and January 2019, investigators conducted controlled purchases of fentanyl from Robinson at various locations.  During one of the transactions, Robinson also sold a quantity of crack cocaine.

Robinson was arrested at his Ansonia residence on February 6, 2019.  At the time of his arrest, he possessed approximately 10 grams of fentanyl that he intended to distribute and approximately $1,800 in cash.

Robinson pleaded guilty to two counts of distribution of fentanyl, one count of distribution of fentanyl and cocaine base (“crack”), and one count of possession with intent to distribute fentanyl.  Judge Arterton scheduled sentencing for October 23, 2019, at which time Robinson faces a maximum term of imprisonment of 20 years on each count.

Robinson has been detained since his arrest.

This matter has been investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force and the Bridgeport Police Department.  The Task Force includes personnel from the DEA, Connecticut State Police and Norwalk, Stamford, Stratford, Milford, Bridgeport and Trumbull Police Departments.  The case is being prosecuted by Assistant U.S. Attorney Joseph Vizcarrondo.

ELKINS, WEST VIRGINIA – Jarrud Michael Dixon, of New Market, Maryland, was sentenced today to one year probation for falsifying a record during a gun purchase, United States Attorney Bill Powell announced.

Dixon, age 29, made a false statement on a firearms transaction record to purchase a .223 caliber pistol and an A-15 assault rifle in March 2014. He pled guilty to one count of “False Statement in Firearms Dealer Records” in February 2016.

Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated. 

U.S. District Judge John Preston Bailey presided. 

BOSTON – A law enforcement officer from Texas has been charged in federal court in Worcester for cyberstalking a minor female residing in Worcester County. 

Pasquale T. Salas, 25, a/k/a Gino, a deputy sheriff with the Matagorda County Sheriff’s Office, was arrested in Bay City, Texas, this morning. He will appear in federal court in the Southern District of Texas tomorrow and will appear in federal court in Worcester at a later date.

According to the charging document, Salas met the victim through an online video game website in 2014, when the minor was 12 years old. Salas and the girl communicated on a private chat room and then moved those communications to various other platforms, including text messaging, Skype and Snapchat. Salas repeatedly solicited the minor to transmit sexually explicit images and videos of herself.  

Beginning as early as 2016, it is alleged that Salas intimidated the victim into maintaining contact with him and sending additional sexually explicit material by threatening that he would publish the minor’s sexually explicit images and videos to her family and her friends. As recently as May 2019, when the victim attempted to terminate contact with Salas, he repeatedly sent threatening communications to the victim, using web-based applications to disguise the source of the communications.

Members of the public who have questions, concerns, or information about this case should contact the U.S. Attorney’s Office at 617-748-3274. 

The charge of cyberstalking carries a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Police Chief Nick Miglionico made the announcement today. Valuable assistance was provided by the United States Attorney’s Office for the Southern District of Texas, the Federal Bureau of Investigation, Houston Field Office, the Matagorda (Texas) County Sheriff’s Office, and the Worcester Police Department. Assistant U.S. Attorney Kristen Noto from Lelling’s Worcester Branch Office is prosecuting the case. 

 The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

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

           WASHINGTON – Brian Moore, 45, of Washington, D.C., was sentenced today to eight years in prison on two counts of obstruction of justice and two counts of threatening a D.C. public official on two separate occasions in April and June of 2018, U.S. Attorney Jessie K. Liu announced.

           Moore was found guilty of these offenses on May 31, 2019, following a trial in the District of Columbia Superior Court before the Honorable Milton Lee.

           According to the government’s evidence, on May 30, 2017, Moore was charged with a civil protection order violation in a D.C. Office of the Attorney General (“OAG”) contempt case (“the CPO violation case”). The complainant, R.G., was the OAG prosecutor assigned to that case.

           Moore developed animosity towards R.G. after multiple contested hearings. On April 12, 2018, Moore told his lawyer, J.H., that he intended to shoot R.G. because of her role and actions in the case, during a break in proceedings. J.H. told Moore that he would not tolerate such statements and that J.H. would inform the court if Moore made such statements again, Moore informed J.H. that he was joking and agreed not to threaten R.G. again.

           On June 29, 2018, following another hearing in which R.G. represented the District of Columbia in the CPO case; Moore exited the courtroom and stepped out into the hallway. Speaking with J.H. in the hallway, Moore made a statement to the effect of, “If I lose my job I’m going to bust a cap in that bitch,” referring to complainant prosecutor R.G. After J.H. ordered Moore not to make any further threats regarding R.G., Moore responded with words to the effect of, “Fuck you. Fuck her. I’m going to bust a cap in that bitch.” J.H. directed Moore back into the courtroom, informed the presiding judge about the threats that the defendant had made, and explained to the judge that he believed Moore was serious about the threats. The judge then took Moore into custody, and he was subsequently charged in the instant case.

           After a three-day trial, the jury convicted Moore on each count of the indictment. At sentencing today, Judge Lee sentenced Moore to 48 months in prison for the obstruction of justice and 10 months in prison for threatening a D.C. Public Official on April 12, 2019, concurrent to one another, and 48 months in prison for the obstruction of justice and 10 months in prison for threatening a D.C. Public Official on June 29, 2018, with these offenses running concurrent to one another but consecutive to the April 12offense.

           In announcing the sentence, U.S. Attorney Liu commended the work of those who assisted the case from the U.S. Marshals Service. She also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including paralegal specialist Antoinette Sakamsa, Leif Hickling and Paul Howell from the Litigation Technology Unit, Assistant U.S. Attorney’s Lisa Gabriel, Nick Coleman, and Katherine Kelley from the Appellate Division, former Assistant U.S. Attorney Seth Gilmore who investigated and tried the case and Assistant U.S. Attorney Nicole McClain who handled the case at sentencing.  

Marcello Sozio, the former operator of Andi Hyperbarics LLC, a hyperbaric oxygen chamber business based in Great Neck, New York, and Chicago, Illinois, pleaded guilty earlier today to wire fraud in connection with a scheme to defraud banks and a customer of his business.  The proceeding was held before United States Magistrate Judge Steven I. Locke at the federal courthouse in Central Islip.  When sentenced, Sozio faces up to 20 years in prison.  As part of his guilty plea, Sozio agreed to pay approximately $1.1 million in restitution. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), announced the guilty plea. 

“Sozio committed a fraud trifecta by duping lenders, cheating his business partners and stealing from the parent of a child for treatment he never provided,” stated United States Attorney Donoghue.  “The defendant now faces the consequences for pocketing hundreds of thousands of dollars in unauthorized loans and fraudulent credit card charges.”

“Stealing from anyone is criminal, however stealing from a parent seeking treatment for a child is unconscionable,” stated FBI Assistant Director-in-Charge Sweeney.  “It may often seem as though white collar crimes don’t really impact people because it is mostly about money.  However this case proves the devastating real life consequences criminals can have on their victims, and the FBI works diligently every day to bring justice to everyone who is unfortunately impacted by fraudsters like Mr. Sozio.”

 “Liars, cheats and scammers should know that karma is always a handcuff away. Today’s plea represents the hard work and dedication of law enforcement to follow the facts and the money in investigations like these to ensure there is justice for victims,” stated USPIS Inspector-in-Charge Bartlett.

According to court filings and facts presented at the plea proceeding, between March 2014 and December 2016, Sozio applied for and obtained approximately $770,000 in loans for a business offering hyperbaric oxygen services as a form of medical treatment.  In the applications submitted to lenders, Sozio falsely represented that his business partners had authorized him to apply for these loans on their behalf.  Sozio used the loan proceeds for his personal benefit, leaving his former partners liable for the full amount. 

Additionally, between September 2016 and December 2016, Sozio charged the parent of a minor child, who had received some hyperbaric oxygen treatments, approximately $230,000 for services that he falsely claimed had been provided.     

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Bradley T. King and Madeline M. O’Connor are in charge of the prosecution.

The Defendant:

MARCELLO SOZIO
Age:  62
Huntington, New York

E.D.N.Y. Docket No. 18-CR-58 (DRH)

Kelly Thornton (619) 546-9726    

NEWS RELEASE SUMMARY– July 31, 2019

SAN DIEGO – In the wake of four fentanyl overdose deaths in San Diego County in 24 hours last week, U.S. Attorney Robert Brewer issued a public safety alert today for drug users to be aware that a lethal strain of fentanyl designed to look like oxycodone is being sold on the streets to unwitting buyers and the price may be the buyer’s life.

Brewer also warned that the fentanyl crisis is raging here as border seizures, prosecutions and overdoses are on pace to hit all-time highs in San Diego County at the end of 2019.

“That heroin, that meth, that coke, that oxy you think you are taking? Well, it just might have fentanyl in it, and it just might be the last thing you ever do,” Brewer said. “I cannot be more clear than this: Fentanyl may be the costliest drug you ever do, because you may pay with your life, and you won’t even know you took it.”

Fentanyl-related deaths are rapidly climbing to unprecedented levels. The Medical Examiner’s Office reports 50 confirmed fentanyl-related overdose deaths so far this year, plus another 28 suspected but yet-to-be confirmed cases with four months remaining in the year. Should this trend continue for the remainder of 2019, the death toll could potentially reach 130, which would amount to a 47 percent increase over last year’s total of 90 deaths, and a staggering 787 percent hike over five years ago when there were 15. The victims are overwhelmingly male, and the average age is 36, with the youngest 18 and the oldest 66.

 “Just when we think it can’t get any worse, the latest numbers prove us wrong,” Brewer said.  “I am alarmed by the dramatic surge in trafficking activity and deaths, particularly of young people. San Diego is the fentanyl gateway to the rest of the country, and we are working hard to close that gate with interdiction, prosecution and education.”

Federal authorities, led by U.S. Customs and Border Protection and Homeland Security Investigations, have confiscated an estimated 533 kilograms – or 1,175 pounds – of illicit fentanyl at and near the international border so far this year. That’s more than half a ton. Just four years ago, authorities seized a fraction of that - only 30 kilograms.  In addition, there has been a record number of seizures involving counterfeit blue pills labeled M-30 that contain fentanyl.

“Your dealer, BFF, lover, or classmate may become your murderer and the medical examiner may become your personal physician,” said DEA Special Agent in Charge Karen Flowers.  “Life is precious. Don’t gamble yours away for a quick high that sends you home from the party in a body bag.”

“Homeland Security Investigations (HSI) is committed to pursuing transnational criminal organizations who continue to profit from smuggling and distributing this deadly opioid that threatens our communities,” said Timothy J. Tubbs, Acting Special Agent in Charge for HSI in San Diego.  “HSI will continue to collaborate with our local, state, federal, and international law enforcement partners to protect our communities from dangerous drugs.”

“Fentanyl is a dangerous synthetic drug that poses a deadly risk for people who encounter this opiate,” said CBP Director of Field Operations in San Diego, Pete Flores.  “CBP officers take special safety precautions when handling such substances and taking them off the street is another example of how CBP protects our communities against all threats.”

The DEA is working in conjunction with local law enforcement agencies in San Diego to ensure the most effective overdose death investigations and prosecutions.  DEA is actively investigating fatal overdose deaths that occur in the San Diego County and has established an Overdose Response Group, which consists law enforcement from DEA, SDPD, Homeland Security Investigations, California Department of Health Care Services and FBI.  The goal of this specialized group is to identify the distributors of these deadly drugs that are bringing heartbreak to our communities.

Fentanyl is 30-50 times more powerful than heroin and so dangerous that in its purest form, even a tiny amount touching the skin can be deadly. According to law enforcement reports, the price of fentanyl in 2019 – whether in powder form and pill form – is declining, meaning that both forms are readily available in our community.

Users are also ordering up fentanyl from the so-called “Dark Web” like they would order something from Amazon. The drug is being purchased online and sent directly to customers by mail or express delivery service in the U.S.

Brewer urged users who opt to disregard his dire warning to seek Narcan, a drug that can reverse the effects of opioid overdose and save lives. Narcan is available by prescription and can be purchased at many pharmacies without a prescription.

The law enforcement community has taken this problem very seriously and developed a multi-level strategy that involves a number of approaches from different disciplines.

The U.S. Attorney’s Office and District Attorney’s Office are working closely with the Medical Examiner’s Office, and its law enforcement partners, on overdose cases involving fentanyl to trace the origin of these deadly substances and build possible murder cases against suppliers. So far, the U.S. Attorney’s Office has charged about a dozen alleged dealers.

In November, U.S. Attorney Brewer, DEA, HIDTA and the San Diego Prescription Drug Abuse Task Force are sponsoring a Western States Opioid Summit that will bring together hundreds of professionals from multiple disciplines to provide training and best practices to combat the fentanyl scourge.  Surgeon General Jerome Adams will address the group.

The U.S. Attorney’s Office and its partners created a local Fentanyl Working Group in early 2017, which meets quarterly.  This is a multi-dimensional group that includes local, state and federal investigative agencies, toxicologists, the Medical Examiner’s Office, DEA Lab Chemists, first responders, plus local, county and federal prosecutors. This collaboration is a significant step in working together to promote streamlined investigations. 

The Fentanyl Working Group also held the sixth Fentanyl Forum on July 18, 2019, where hundreds of  local and federal law enforcement officers learned about the dangers of encountering fentanyl in the field; the local smuggling trends from Mexico and China to the U.S.; parcel interdiction cases, prosecution of overdose cases in state and federal courts; and prosecution collaboration with our office and that of the District Attorney.

The Fentanyl Working Group is also committed to arming the community and first responders with the important information they need to stay safe.

Members of the public who encounter suspicious counterfeit blue pills labeled M-30 are urged to dispose of them safely by referring to resources listed at https://www.sandiegorxabusetaskforce.org/community-resources

People who need help with mental health including substance use disorder, suicide prevention, medication needs, and more can call the San Diego County Crisis line at 888-724-7240. It’s open seven days a week, 24 hours a day.

ELKINS, WEST VIRGINIA – Christine Kay Woods, of Elkins, West Virginia, was sentenced today to 46 months incarceration for methamphetamine distribution, United States Attorney Bill Powell announced.

Woods, age 58, pled guilty to one count of “Conspiracy to Distribute More than 5 Grams of Methamphetamine” in January 2019. Woods admitted to distributing more than five grams of methamphetamine in Randolph County from the fall of 2016 to July 2018. 

Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives; the Mountain Region Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the Elkins Police Department investigated.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

U.S. District Judge John Preston Bailey presided.

Memphis, TN –Davoris Polk, 26, has been sentenced to 75 months for being a convicted felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the sentence today.

According to information presented in court, on February 26, 2018, law enforcement with the Covington Police Department responded to the burglary of a marked Tipton County Sheriff's Office vehicle parked at a deputy’s residence in the 100 block of North Maple Street in Covington, TN. As a result of the burglary, the patrol vehicle sustained extensive damage to multiple windows and the interior of the vehicle. During the burglary, a Bushmaster .223-5.56 caliber AR-15 patrol rifle and a Remington Model 870 12-gauge shotgun were stolen. The gun locker which secured the weapons had been destroyed along with the other parts of the unit’s interior. In addition to the vehicle being locked and the weapons being properly secured inside a gun locker, the patrol vehicle was also being actively monitored by a video surveillance system which captured the burglary and theft. The Remington 870 12 gauge shotgun was later recovered during a canvass and search of the area.

The Tipton County Sheriff’s Office identified Polk as the suspect responsible for the auto burglary and theft, and on March 1, 2018, officers located Polk at the Budget Inn on Highway 51 North in Covington, where he was placed under arrest and taken into custody. Polk confessed to the crimes and arranged for the stolen patrol rifle to be returned. Prior to the offense, Polk had been convicted of the felony offenses of Aggravated Burglary and Burglary of a Vehicle, as well as multiple misdemeanor offenses.

On March 21, 2019, the defendant pled guilty to being a felon in possession of a stolen firearm. On July 30, 2019, U.S. District Court Judge Thomas L. Parker sentenced Polk to 75 months imprisonment followed by 3 years supervised release.

U.S. Attorney D. Michael Dunavant said: "Any person who is audacious and brazen enough to target a law enforcement vehicle to commit theft of police firearms is a dangerous offender who has no regard for the law or public safety, and has no respect for law enforcement. Mr. Polk has dedicated his short adult life to felony crimes of burglary, theft, and dishonesty, and will now pay the price for this disturbing crime. Any attack against law enforcement is an attack against the very fabric of our society, and we will not tolerate this lawlessness that endangers our citizens."

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Covington Police Department, and the Tipton County Sheriff’s Office investigated this case.

Assistant U.S. Attorney Neal Oldham prosecuted this case on behalf of the government.

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Earlier today, Eugenio Perez was sentenced before Judge Kiyo A. Matsumoto in U.S. District Court in Brooklyn, New York to 25 years’ imprisonment following his convictions on six counts of deprivation of civil rights under color of law, four counts of aggravated sexual abuse, five counts of sexual abuse in a federal prison, six counts of sexual abuse of a ward, one count of attempted sexual abuse of a ward, and one count of abusive sexual contact.  As part of his sentence, Perez is also required to register as a sex offender.  At the time of the offenses, Perez was a federal correctional officer with the rank of Lieutenant employed by the United States Bureau of Prisons (BOP) at the Metropolitan Detention Center in Brooklyn, New York (MDC).  In January 2017, he was suspended by the BOP after his arrest.  Perez was convicted after a two-week jury trial in May 2018.   

Richard P. Donoghue, United States Attorney for the Eastern District of New York, Guido Modano, Special Agent-in-Charge, United States Department of Justice Office of the Inspector General, New York Field Office (DOJ OIG), and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.

“While serving as a Lieutenant at the MDC, the defendant used force, fear and intimidation to violate his sworn duty and the civil rights of multiple female inmates in his custody through repeated sexual abuse of his victims,” stated United States Attorney Donoghue.  “Today’s sentence appropriately reflects the gravity and seriousness of the defendant’s crimes, and demonstrates our steadfast commitment to hold accountable correctional officers who abuse their positions of authority.” 

“Perez abused his power and took advantage of female inmates under his control and supervision through manipulation and intimidation,” stated DOJ OIG Special Agent-in-Charge Modano.  “He betrayed his duty as an officer of the Department of Justice and used his position of authority to satisfy his own desires by victimizing inmates.  Today’s sentence shows that this kind of abuse will not be tolerated, and those who violate the civil rights of federal inmates, and disgrace the honorable profession of federal correctional officers will sternly be brought to justice.”

 “We are a society governed by law, and we expect and demand that those convicted of crimes receive humane punishment according to the law,” stated FBI Assistant Director-in-Charge Sweeney.  “Correctional officers have a truly difficult job, and most perform their duties with honor and integrity. Today’s sentencing reflects the accountability we demand of those who hold these positions of power. Sexual abuse in correctional facilities will never be tolerated by the FBI or our law enforcement partners.”

Over a three-year period between January 2013 and September 2016, Perez used his position as an officer at the MDC to engage in sexual acts and contact with five female inmates under his supervisory and disciplinary authority.  The victims, identified in the indictment as “Jane Doe #1” through “Jane Doe #5,” testified that Perez lured them into isolated locations, used physical force and intimidation to compel the victims to engage in  sexual acts with him, including oral sex, and used his authority over them to ensure that they did not report the abuse.

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorney Nadia Shihata is in charge of the prosecution.

The Defendant:

EUGENIO PEREZ
Age: 49
Brooklyn, NY

E.D.N.Y. Docket No. 17-CR-280 (KAM)

BOSTON – A Haitian national was charged today in federal court in Boston with illegally possessing a firearm.

Joquentz Constant, 23, a Haitian national residing in Dorchester, was indicted on one count of being a felon in possession of a firearm. Constant was arrested and charged in January 2019 and has been in custody since.

According to court documents, on Aug. 25, 2018, Constant was found to be in possession of a black Regent. 32 caliber revolver bearing obliterated model and serial numbers and containing five rounds of PPU .32 caliber ammunition and one round of WIN .32 caliber ammunition. Due to prior convictions punishable by more than one year in jail, Constant is prohibited from possessing a firearm.

The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Constant will be subject to deportation upon completion of any sentence imposed. 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Suffolk County District Attorney Rachael Rollins; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division 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.

St. Louis, MO – Robert W. Rives, 37, of New Baden, IL, pleaded guilty to one count of carjacking and one count of using a firearm during a crime of violence.  Rives appeared today before U.S. District Judge Rodney W. Sippel who accepted his plea and set his sentencing date for October 25, 2019.

According to the plea agreement, on October 3, 2018 in the City of St. Louis, Rives was a passenger in a Chevy Impala vehicle which had immediately turned in front of a Mitsubishi vehicle and stopped.  Rives exited the passenger side and approached the driver of the Mitsubishi vehicle who was driving for UBER Eats making a delivery.  He produced a firearm and demanded the driver to give him his vehicle.  The victim complied and Rives then entered the victim’s Mitsubishi and drove off following the Impala.  Numerous items in the stolen car included a Rock River AR-15 rifle and two handguns.

Later that day, Rives was arrested in the same type of vehicle he had stolen and officers recovered the AR-15 rifle and handguns. 

Carjacking carries a maximum penalty of 20 years in prison and a fine of $250,000; and the use of a firearm during a crime of violence carries a minimum penalty of five years and a fine of $250,000.

The Saint Louis Metropolitan Police Department and Federal Bureau of Investigation are investigating this case.

KANSAS CITY, Mo. – A Raytown, Missouri, man was sentenced in federal court today for drug trafficking.

Dusty A. McSparran, 44, was sentenced by U.S. District Judge Greg Kays to 19 years and six months in federal prison without parole.

On Nov. 6, 2017, McSparran pleaded guilty to possessing methamphetamine with the intent to distribute.

Independence, Mo., police officers saw McSparran driving a stolen GMC Acadia at a high rate of speed on Sept. 28, 2016. The officers activated their emergency lights and pursued the vehicle, which did not pull over but continued at speeds of up to 100 miles per hour throughout the city. Officers pursued the vehicle to a parking lot near U.S. 24 Highway and Bennington Avenue in Independence. McSparran jumped out of the driver’s seat and began running. Officers pursued McSparran on foot, deploying their Taser in order to stop McSparran and place him under arrest.

After arresting McSparran, officers found a small black bag in his front pocket that contained 2.5 grams of methamphetamine. Officers found a digital scale and a piece of paper that contained 2.5 grams of methamphetamine inside the vehicle. Officers also found a loaded Smith and Wesson 9mm pistol between the driver’s seat and the center console of the vehicle.

On June 26, 2017, a confidential law enforcement source made a controlled purchase of approximately seven grams of methamphetamine from McSparran, who was under court supervision, at his residence. Officers executed a search warrant at McSparran’s residence and found a loaded Jimenez Arms 9mm handgun with a defaced and obliterated serial number, a Hi-Point 9mm rifle, and various rounds of ammunition. According to court documents, the firearms were stolen during a home invasion.

Following McSparran’s detention and preliminary hearings at the Charles Evans Whittaker Courthouse on July 5, 2017, he was taken back to one of the holding cells. He immediately approached another detainee, and began physically assaulting him by striking and beating him. McSparran was removed from the cell and relocated to another cell. While in custody on this case, McSparran was found in possession of a metal shank, engaged in multiple fights, and assaulted a corrections officer.

McSparran has 45 prior convictions, including 11 felony convictions involving property damage, conspiracy to defraud the United States, driving while intoxicated, resisting arrest, domestic assault, and possessing controlled substances.

This case was prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Independence, Mo., Police Department, the U.S. Marshals Service, and the Kansas City, Mo., Police Department.

Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Audrey Strauss, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced that BEVAN COONEY was sentenced today by the U.S. District Judge Ronnie Abrams to 30 months in prison for defrauding a Native American tribal entity and various investment advisory clients of tens of millions of dollars in connection with the issuance of bonds by the tribal entity and the subsequent sale of those bonds through fraudulent and deceptive means.   

Ms. Strauss said:  “Bevan Cooney was part of a conspiracy that orchestrated a complex and corrupt scheme to defraud a Native American community and the clients of two asset management firms.  Today he learned the cost of committing those crimes.  This Office is committed to protecting the investing public by appropriately prosecuting market predators.”

According to the allegations in the charging documents and statements made in court proceedings:

From March 2014 through April 2016, COONEY, John Galanis, Jason Galanis, Gary Hirst, Michelle Morton, Hugh Dunkerley, and others engaged in a fraudulent scheme that involved (a) causing the Wakpamni Lake Community Corporation (“WLCC”), a Native American tribal entity, to issue a series of bonds (the “Tribal Bonds”) through lies and misrepresentations; (b) deceptively causing clients of asset management firms controlled by Hirst, Morton, and others to purchase the Tribal Bonds, which the clients were then unable to redeem or sell because the bonds were illiquid and lacked a ready secondary market; and (c) misappropriating the proceeds resulting from those bond sales.

The WLCC was convinced to issue the Tribal Bonds through false and fraudulent representations by John Galanis.  Simultaneously, Jason Galanis, with the backing of COONEY and others, worked to acquire Hughes Capital Management (“Hughes”), a registered investment adviser.  Morton and Hirst were installed as Hughes’s chief executive officer and chief investment officer, respectively.  Within weeks of taking control of Hughes, Morton and Hirst placed the entire $28 million first series of Tribal Bonds with Hughes clients but failed to disclose material facts about the Tribal Bonds, including the fact that the Tribal Bonds fell outside the investment parameters set forth in the investment advisory contracts of certain Hughes clients.  In addition, Hughes’s clients were not told about substantial conflicts of interest with respect to the issuance and placement of the Tribal Bonds before the Tribal Bonds were purchased on these clients’ behalf. 

The defendants and their co-conspirators then misappropriated the proceeds of first Tribal Bond issuance.  Specifically, although the Tribal Bonds were supposed to be invested in an annuity, Dunkerley, at the direction of Jason Galanis, transferred significant amounts of the bond proceeds to support the defendants’ business and personal interests.  John Galanis, for example, secretly received $2.35 million in proceeds of the first bond issuance, which he spent on a variety of personal expenses and luxury items, including cars, jewelry, and hotel expenses.  Similarly, Jason Galanis used a portion of the proceeds of the first Tribal Bond issuance to finance the purchase of a $10 million luxury apartment in Tribeca.

In addition, after John Galanis induced the WLCC to issue a second round of Tribal Bonds, COONEY and others used $20 million of bond proceeds from the first issuance to buy the entirety of the second issuance.  As a result of the use of recycled proceeds to purchase additional issuances of Tribal Bonds, the face amount of Tribal Bonds outstanding increased and the amount of interest payable by the WLCC increased, but the actual bond proceeds available for investment on behalf of the WLCC did not increase.  The bonds purchased by COONEY and others were then used to meet net capital requirements at two broker dealers in which COONEY and others had interests.  COONEY also obtained a $1.2 million loan based on his purported ownership of the bonds, which he subsequently failed to repay.  In addition, millions of dollars in bond proceeds from the first and second issuances were used finance the acquisition of companies that the defendants and their co-conspirators acquired as part of a strategy to build a financial services conglomerate.

In the spring of 2015, John Galanis induced the WLCC to issue an additional $16 million worth of Tribal Bonds.  Simultaneously, Jason Galanis and others purchased a second investment adviser, Atlantic Asset Management (“Atlantic”), and installed Morton as the chief executive officer.  Within days of obtaining control of Atlantic, Morton placed the entirety of the $16 million Tribal Bond issuance with an Atlantic client, without the client’s consent and without disclosing the fact that the Tribal Bonds were outside the client’s investment parameters and that numerous conflicts of interest existed.  The proceeds of the $16 million issuance were again not invested in an annuity as promised, but instead were diverted to, among other things, finance the defendants’ acquisition of another company in furtherance of their plan to build a financial services conglomerate, to pay $75,000 to COONEY, and make payments to one of the broker dealers in which COONEY and others had interests.

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In addition to the prison term, COONEY, 46, was sentenced to three years of supervised release.  COONEY was also ordered to forfeit $9,527,000 and to make restitution in the amount of $43,785,176.

Jason Galanis, who pled guilty to conspiracy to commit securities fraud, securities fraud, and investment adviser fraud, was sentenced to a term of 173 months in prison on August 11, 2017.  Gary Hirst, who pled guilty to securities fraud, conspiracy to commit securities fraud, investment adviser fraud, and conspiracy to commit investment adviser fraud, was sentenced to 84 months in prison on September 7, 2018.  John Galanis, who was convicted after trial of securities fraud and conspiracy to commit securities fraud, was sentenced to 120 months in prison on March 8, 2019.  Michelle Morton, who pled guilty to conspiracy to commit securities fraud and investment adviser fraud, is awaiting sentencing.  Hugh Dunkerley, who pled guilty to conspiracy to commit securities fraud, two counts of securities fraud, bankruptcy fraud, and falsification of records with the intent to obstruct a government investigation, is also awaiting sentencing. 

Ms. Strauss praised the work of the U.S. Postal Inspection Service and the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorneys Rebecca Mermelstein, Brendan F. Quigley, and Negar Tekeei are in charge of the prosecution.  

United States Attorney Ron Parsons announced that a Norris, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury, Failure to Appear,  and Distribution of a Controlled Substance, was sentenced on July 29, 2019, by U.S. District Judge Roberto A. Lange.

Brandon Jones, age 25, was sentenced to a total of 36 months in federal prison, 3 years of supervised release, $300 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $300.

Jones was indicted by a federal grand jury on November 14, 2017 for the Assault charge, August 13, 2018, for the Failure to Appear Charge, and on January 23, 2019, for the Distribution charge.  He pled guilty to all three charges on March 5, 2019.

The Assault conviction stemmed from an incident on May 6, 2017, when Jones was driving under the influence of methamphetamine at speeds of 100 miles per hour or more, and rear-ended another vehicle causing serious bodily injury to three individuals in the vehicle.

The Failure to Appear conviction stemmed from an incident July 16, 2018, when Jones was summoned to appear before U.S. Magistrate Judge Mark A. Moreno for a scheduled hearing for his Assault charge and failed to appear for the court as directed. 

The Distribution conviction stemmed from an incident on September 10, 2018, when Jones sold 2.1 grams of methamphetamine.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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