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Former CEO of Two Bellevue IT Companies Sentenced To 7+ Years in Prison for Mail Fraud and Failure to Pay more than $1 Million in Employment Taxes

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          The former CEO of two Bellevue, Washington information-technology (IT) firms was sentenced today in U.S. District Court in Seattle to 87 months in prison for mail fraud and tax crimes related to a multi-year visa-fraud scheme, announced U.S. Attorney Brian T. Moran.  PRADYUMNA KUMAR SAMAL, 50, a citizen of India, was arrested in August 2018 when he arrived on an international flight at Sea-Tac Airport.  Prior to the arrest, SAMAL had fled the U.S. in the midst of the visa fraud investigation.  He has been in custody since his arrest last year.  At the sentencing hearing U.S. District Judge James L. Robart said “Based on your time in the U.S. you have basically defrauded everyone you could defraud…. It is clear you have not followed the law since you came to this country. You engaged in an extensive scheme…. This was driven by greed: nothing more, nothing less.” 

            “This was the largest and most sophisticated H-1B visa fraud scheme we have prosecuted in Western Washington,” said U.S. Attorney Brian Moran.  “The fraud harmed the workers who wound up far from home, essentially “benched” by the company, with no pay and no job.  It harmed foreign workers who legitimately sought, but could not get visas, and it harmed U.S. workers who were excluded from employment opportunities.”

          According to records filed in the case, two companies incorporated by SAMAL in 2010 and 2011, engaged in a scheme sometimes referred to as a “bench-and-switch” scheme, to exploit foreign-national workers, compete unlawfully in the market, and defraud the U.S. government.  According to the investigation that began in 2015, SAMAL served as the Chief Executive Officer of ‘Divensi’ and ‘Azimetry.’  Both companies were in the business of providing information-technology workers, such as Software Development Engineers, to major corporate clients.  SAMAL submitted, and directed his employees to submit, forged and false application materials to the United States government, making it appear as if foreign-national employees named in the petitions had been earmarked for projects contracted to SAMAL’s companies by end clients.  In fact, these project assignments were fictitious.  The forged documents included forged letters and fraudulent statements of work, which appeared as if they had been signed by senior executives at SAMAL’s clients.  After USCIS relied on the false representations and approved the applications, SAMAL’s companies “benched” the foreign nationals – i.e., the companies left those foreign nationals unpaid, and forced them to submit phony sick and annual leave requests – until and unless they were able to place those employees at actual end clients. 

          More than 250 workers were brought in under the phony applications.  The employees were forced to pay SAMAL’s companies a partially-refundable “security deposit” of as much as $5,000 for the visa filings, regardless of whether they were assigned to any projects that provided them with income.

                "This sentence punishes a sophisticated offender who fraudulently manipulated the U.S. visa process to exploit foreign-national workers, compete unlawfully in the market, and defraud the U.S. government,” said Matthew Perlman, Special Agent in Charge, U.S. Department of State’s Diplomatic Security Service, San Francisco Field Office.  “The Diplomatic Security Service is committed to ensuring the integrity of the visa process, securing the homeland, and protecting the American work force.”

          Not only did SAMAL’s companies fail to pay the clients, it failed to pay more than $1 million in employment taxes.  SAMAL has agreed to pay restitution of $1,119,867 for the tax loss.  In addition Judge Robart imposed a $10,000 fine.

            “Mr. Samal exploited foreign nationals for personal gain while also stealing $1.1 million from his employees' payroll withholdings to fund his luxury car, his mortgage, and his personal accounts in India,” said IRS-Criminal Investigation Special Agent in Charge Justin Campbell. “IRS-Criminal Investigation continues to prioritize employment tax fraud in order to protect hard-working employees and serve honest taxpayers.”

            The case was investigated by the U.S. State Department’s Diplomatic Security Service (DSS), Homeland Security Investigations (HSI) and the Internal Revenue Service Criminal Investigation (IRS-CI).  The case is being prosecuted by Assistant United States Attorneys Siddharth Velamoor and Michael Dion.


Gunman Gets 8 Years for Aurora Post Office Robbery

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DENVER – United States Attorney Jason R. Dunn announces that Willie Dewayne Phillip was sentenced to 96 months in federal prison for holding two postal clerks at gunpoint and stealing cash from the registers.  The defendant was sentenced this week in Denver by United States District Court Judge R. Brooke Jackson.  At the conclusion of his prison sentence, Phillip will serve 5 years of supervised release.   

According to the plea agreement and facts presented at sentencing, Phillip robbed a Post Office in Aurora on November 8, 2018.  While wearing a balaclava and gloves, he pointed a handgun at two postal clerks and then pointed the weapon at a postal customer.  Phillip ordered the clerks to lie down and tie their hands together with zip ties.  One clerk froze, while the other complied with the order.  Phillip then opened the clerks’ registers and emptied more than $5,000 into a bag.  He then checked the Post Office safe and fled the scene on foot.

Following the robbery, officers recovered the balaclava and gloves and sent them to the Colorado Bureau of Investigation’s Denver Forensic Science Laboratory for processing.  Forensic examination revealed Phillip’s DNA on both items.  After a swift investigation by Postal Inspectors, Phillip was indicted on December 4, 2018.  He evaded law enforcement for about a month until Postal Inspectors, with the assistance of ATF personnel, tracked Phillip to a residence in Denver, where Phillip barricaded himself inside.  Phillip surrendered to officers with the Denver Police Department’s Fugitive Location and Apprehension Group, Metro/SWAT/K9 Section, who had surrounded the home.

“Thanks to the diligent work of our the Postal Inspectors and our law enforcement partners, a dangerous criminal is off the street,” said United States Attorney Jason R. Dunn.  “My office will work tirelessly to hold violent criminals accountable, especially when they threaten public servants.” 

“Anyone who chooses to endanger USPS employees or our customers will bring to bear the full power of the U.S. Postal Inspection Service,” said Bill Hedrick, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service.  “This investigation was a shining example of how Postal Inspectors utilized our strong working relationships with our federal, state and local law enforcement partners to bring a swift resolution to this case.  Protection of USPS employees and customers is an integral part of our mission, and we are pleased to see justice was served with today’s sentence,” said Hedrick.

This case was investigated by the U.S. Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Aurora Police Department, Colorado Bureau of Investigation, Colorado Bureau of Investigation – Denver Forensic Science Laboratory, and the Denver Police Department.

Assistant United States Attorneys Rebecca Weber and Sarah H. Weiss prosecuted this case.

CASE NO.  18-cr-0556

Rochester Man Pleads Guilty To Firearms Charge

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United States Attorney Erica H. MacDonald today announced the guilty plea of LORENZO EUGENE HEARD JR., 38, to one count of felon in possession of a firearm. HEARD entered his guilty plea on September 19, 2019, before Judge David S. Doty, in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea and documents filed in court, on May 1, 2018, while driving in Rochester, HEARD crashed his vehicle and fled the scene, leaving a loaded Cobra semiautomatic .380 caliber pistol in the vehicle. HEARD has been previously convicted of multiple violent offenses, including armed robbery, assault and drug charges, which prohibit him, under federal law, from owning or possessing a firearm.

This case is the result of an investigation conducted by the Rochester Police Department and the ATF.

This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state, and local law enforcement to combat violent crime.

Assistant United States Attorney Bradley M. Endicott is prosecuting the case. 

Defendant Information:

LORENZO EUGENE HEARD JR., 38

Rochester, Minn.

Convicted:

  • Felon in Possession of a Firearm, 1 count

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

 

 

 

Attorney General Barr Appoints U.S. Attorney Nicholas Trutanich To Attorney General's Advisory Committee

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LAS VEGAS, Nev.– Attorney General William P. Barr today announced the appointment of Nicholas A. Trutanich, U.S. Attorney for the District of Nevada, along with eight other U.S. Attorneys, to serve on the Attorney General’s Advisory Committee (AGAC). The following eight U.S. Attorneys were also named to serve on the AGAC: David Anderson, Northern District of California; Scott Brady, Western District of Pennsylvania; Maria Chapa Lopez, Middle District of Florida; Halsey Frank, District of Maine; Erica MacDonald, District of Minnesota; Christina Nolan, District of Vermont; Zach Terwilliger, Eastern District of Virginia; and Tom Kirsch, Northern District of Indiana.

“I am pleased to appoint these nine outstanding U.S. Attorneys to this key advisory committee. I am confident that they will serve with distinction,” Attorney General William P. Barr said. “The U.S. Attorneys who comprise the Attorney General’s Advisory Committee play a critical role in carrying out the Department of Justice’s important work, including its efforts to reduce violent crime, combat the opioid crisis, protect the most vulnerable, and enforce the rule of law.”

The AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management, and operational issues impacting the 93 U.S. Attorneys’ Offices across the nation.

The bios of all U.S. Attorneys are available here.

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Long-Time Private Investigator Sentenced for Practice of Making Pretextual Phone Calls

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     PHOENIX, Ariz. – On September 9, 2019, Keven Lawrence Cody McCleve, 61, of Scottsdale, Arizona, was sentenced by U.S. District Judge Susan M. Brnovich to three years’ probation and ordered to pay a $5,000 fine.  McCleve was also ordered to give up all professional licenses and not acquire any professional license while on probation.

     McCleve worked as a licensed private investigator for over 30 years.  During this time period, he developed a practice of making phone calls to banks and other financial institutions and lying about his identity.  He made pretextual calls in an attempt to obtain personal banking information about individuals he was investigating. McCleve often provided a bank with an individual’s social security number, date of birth, and other personally identifiable information in an effort to convince the bank McCleve was that particular individual.  In response, banks then frequently provided personal information about the individual’s bank accounts, including account balances, and recent withdrawals and deposits. 

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Andy Stone, Assistant U.S. Attorney, District of Arizona, Phoenix

U.S. Attorney Erin Nealy Cox Named Vice Chair of Attorney General’s Advisory Committee

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U.S. Attorney General William P. Barr has named U.S. Attorney Erin Nealy Cox Vice Chair of the Attorney General’s Advisory Committee, the U.S. Attorney’s Office for the Northern District of Texas announced today.

The AGAC – chaired by U.S. Attorney for the District of Columbia Jessie Liu– represents the voice of federal prosecutors across the nation and provides advice and counsel to the Attorney General on policy, management and operational issues impacting the Offices of U.S. Attorneys.  The AGAC priorities include combating the opioid crisis, reducing violent crime, protecting the most vulnerable and enforcing the rule of law.

U.S. Attorney Nealy Cox is replacing outgoing AGAC Vice Chair John Huber, U.S. Attorney for the District of Utah, who is rotating off the AGAC after several years of service.

“John’s departure leaves me with big shoes to fill,” said U.S. Attorney Nealy Cox. “I’m passionate about serving the Department of Justice and enforcing the rule of law in this country.  I am honored by General Barr’s request to continue to serve the AGAC, now as Vice Chair.”

The Hon. Nealy Cox also chairs the AGAC’s Domestic Violence Working Group and sits on its White Collar Fraud and Cyber Crime Subcommittees.

She looks forward to joining U.S. Attorney Liu in presiding over the AGAC’s United States Attorneys, including the nine U.S. Attorneys just appointed to the AGAC today.

Former Scottsdale Resident Sentenced to 42 Months for Securities Fraud

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     PHOENIX – This week, U.S. District Judge Diane J. Humetewa sentenced William “Lance” Mullins, 50, formerly of Scottsdale, Ariz., to 42 months in prison and three years of supervised release. The Court also ordered Mullins to pay more than $2.8 million in restitution to 125 victim shareholders.  Mullins had previously pleaded guilty to engaging in fraudulent interstate securities transactions.

     Mullins was involved with a Tempe, Ariz.-based technology company called Xhibit Corporation, whose stock was publicly traded on the over-the-counter market and which merged with the airplane catalog SkyMall in May 2013.  In 2012 and 2013, before the SkyMall merger, Mullins and others made misrepresentations about the company when recruiting investors.  They also engaged in manipulative trading of Xhibit stock that is prohibited by U.S. securities laws and regulations.  Their prohibited trading activities artificially inflated Xhibit’s stock price and made it falsely appear that there was more demand for the stock.  Because of these actions and other events, Xhibit’s stock price rose sharply, from less than a dollar in early 2012 to a peak of more than seven dollars in May 2013, and then fell just as quickly.  Mullins made more than $1 million from selling much of his own stock before the stock price dramatically fell, while unknowing shareholders lost millions. 

     Two others pleaded guilty to conspiracy to commit securities fraud in related cases and were sentenced in June 2019.  Nicolas Russo, Jr., 72, of Fountain Hills, Arizona, and Larry Eiteljorg, 70, of Scottsdale, Arizona, were sentenced to probation and ordered to pay restitution after cooperating with the government’s investigation.

     “Mr. Mullins was the mastermind of this market manipulation scheme and the 42-month prison sentence Mullins received should send a strong message of deterrence to criminals committing securities fraud in Arizona,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Division. “We are pleased that all defendants have been ordered to pay restitution to the victims. The FBI will continue to work aggressively with our law enforcement partners to investigate those who commit complex financial crimes. We thank the Arizona U.S. Attorney’s office for their work in prosecuting this case.” 

     The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Bridget Minder and Peter Sexton, Assistant United States Attorneys, District of Arizona, Phoenix.

Bisbee Bank Robber Sentenced to Nearly 9 Years in Prison

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     TUCSON, Ariz. – This week, Gilbert Salaz, 52, of Benson, Arizona, was sentenced by U.S. District Judge Jennifer G. Zippsto 105 months in prison followed by five years of supervised release. Salaz previously pleaded guilty to one count of Armed Bank Robbery.

     On April 28, 2017, Salaz walked into the Washington Federal Bank in downtown Bisbee, Ariz., pointed a gun at a teller and demanded money.  Salaz fled the bank after the armed bank robbery, but was apprehended within 24 hours.  

     The investigation in this case was conducted by the Federal Bureau of Investigations and the prosecution was handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.


Domestic Abuser Sentenced to 7 Years in Prison

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     TUCSON, Ariz. – This week, Jose Moreno, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 84 months of imprisonment and 5 years of supervised release.  Moreno had previously pleaded guilty to kidnapping and domestic assault by a habitual offender.

     On August 11, 2017, Moreno physically prevented the victim, his domestic partner, from leaving their residence, and threatened harm if the victim did try to leave. On that date, and again between August 24 and 27, 2017, Moreno assaulted the victim, by striking and beating the victim. Moreno had previously been convicted of two domestic violence assaults involving other victims. The assault in this case occurred at a home in Tucson, on the Pascua Yaqui Indian Reservation. Moreno is an enrolled member of the Tohono O’odham Nation, and the victim is an enrolled member of the Pascua Yaqui Tribe.

     The investigation in this case was conducted by the Federal Bureau of Investigation, and the Pascua Yaqui Police Department. The prosecution was handled by Assistant U.S. Attorneys Micah Schmit and Adam D. Rossi, District of Arizona, Tucson.

Three Members Of Modesto Hells Angels, Including Vice President And Secretary, Indicted For Firearm And Drug Offenses

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FRESNO, Calif. — Three members of the Modesto Hells Angels Motorcycle Club, including the Club's Vice President and Secretary, were charged yesterday in four separate indictments, U.S. Attorney McGregor W. Scott announced. Hell's Angels Vice President Michael Shafer, 31, of Modesto, was charged with conspiring to distribute marijuana, conspiring to distribute heroin, distribution of marijuana, and two counts of use of a communication facility to facilitate a drug trafficking offense. Hells Angels Secretary Patrick Gonzales, 31, of Modesto, was charged with being a felon in possession of firearm and ammunition. Hells Angels member Ricky Blackwell was charged with possession of cocaine with intent to distribute, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm after suffering a misdemeanor domestic violence conviction.

In conjunction with the charges, officers executed search warrants at the residences of Shafer and Gonzales, along with other locations. According to court documents, at Gonzales’s residence officers found the Hells Angels Motorcycle Club World Rules, the rulebook that governs all Hells Angels Motorcycle Clubs. Officers also found the rules for the Modesto Charter of the Hells Angels, minutes of club meetings, membership information, and membership agreements.

This case was the result of a months-long investigation into the Modesto Hells Angels Chapter. Earlier this year, Modesto Hells Angels President Randy Picchi was charged with conspiring to distribute methamphetamine for leading a drug conspiracy that involved his wife, Tina Picchi, Michael Mize, and Hell's Angels member Michael Pack. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service, Modesto Police Department, Turlock Police Department, the Stanislaus County District Attorney’s Office, the California Department of Corrections and Rehabilitation, and the California Highway Patrol. Assistant United States Attorneys Ross Pearson and Laurel Montoya are prosecuting the case.

If convicted, Shafer faces a maximum statutory penalty of 40 years in prison, a mandatory minimum 5 years in prison, and a $5,000,000 fine. Gonzales faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Blackwell faces a maximum penalty of life in prison, a mandatory minimum 5 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

Three Canyon County Residents Sentenced for Check Forgery Scheme

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BOISE – This week, Senior U.S. District Judge Edward J. Lodge sentenced three of five defendants in a long-term check forgery scheme, U.S. Attorney Bart M. Davis announced.  On September 18, 2019, Chul Gibbs, 33, of Canyon County, was sentenced to 48 months in prison for his role in organizing the scheme.  Also on September 18, 2019, Tiffany Junge, 29, of Canyon County, was sentenced to 21 months in prison.  On September 19, 2019, Alexandra Boyd, 31, of Nampa, was sentenced to 21 months in prison.  All defendants sentenced this week will serve three years of supervised release upon their release from custody.

On August 22, 2019, their co-defendant, Jimmy Marley, 49, of Lubbock, Texas, was sentenced to 30 months in prison, to be followed by three years of supervised release.

The final defendant, Angelina Robles, 46, of Meridian, is scheduled to be sentenced on October 22, 2019 in front of U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.

All defendants except for Robles pleaded guilty to bank fraud and aggravated identity theft charges.  Robles pleaded guilty to bank fraud only.  According to the defendants’ plea agreements, over a substantial portion of 2018, the group stole checks that residents and business had placed in the mail.  The defendants then forged the checks so that they were made payable to themselves, often in higher amounts.  The defendants then attempted to cash the checks at banks.  Over the course of their scheme, the defendants’ collectively caused a loss of approximately $32,000.

This case was investigated by the United States Postal Inspection Service, the Nampa, Caldwell, Boise, and Meridian Police Departments, and the Ada County Sheriff’s Office.

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Phoenix Tax Preparer Sentenced to Prison for Stealing His Clients’ Tax Refunds

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     PHOENIX – This week, U.S. District Judge Diane J. Humetewa sentenced Erik Allen Ketelaar, 35, of Phoenix, Ariz., to 36 months in prison and three years of supervised release. The Court also ordered Ketelaar to pay $573,000 in restitution to the Internal Revenue Service, third party processors, and individual taxpayers. Ketelaar had previously pleaded guilty to wire fraud.

     In 2013 and 2014, Ketelaar owned and operated a tax preparation business called Tio Sams (“Uncle Sam”) Taxes, with five offices in Phoenix and Mesa, Arizona. He hired and trained Spanish-speaking staff, and marketed his tax services to nonresident and resident aliens living in Hispanic communities in the Phoenix Metropolitan Area. Ketelaar controlled how all tax returns were completed, and had most of the client tax refunds directed to bank accounts or addresses he owned and managed. After he gained control of these tax refunds, he stole more than a half million dollars in refunds from many of his tax clients.

     The investigation in this case was conducted by the Internal Revenue Service - Criminal Investigation. The prosecution was handled by Fred Battista and Peter Sexton, Assistant United States Attorneys, District of Arizona, Phoenix.

Attorney General Barr Appoints Nine New U.S. Attorneys to Advisory Committee

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Attorney General William P. Barr today announced the appointment of the following nine U.S. Attorneys to serve on the Attorney General’s Advisory Committee (AGAC): David Anderson, Northern District of California; Scott Brady, Western District of Pennsylvania; Maria Chapa Lopez, Middle District of Florida; Halsey Frank, District of Maine; Erica MacDonald, District of Minnesota; Christina Nolan, District of Vermont; Zach Terwilliger, Eastern District of Virginia; Tom Kirsch, Northern District of Indiana; and Nicholas Trutanich, District of Nevada.

“I am pleased to appoint these nine outstanding U.S. Attorneys to this key advisory committee. I am confident that they will serve with distinction,” Attorney General William P. Barr said. “The U.S. Attorneys who comprise the Attorney General’s Advisory Committee play a critical role in carrying out the Department of Justice’s important work, including its efforts to reduce violent crime, combat the opioid crisis, protect the most vulnerable, and enforce the rule of law.”

U.S. Attorney Trent Shores and five other U.S. Attorneys will continue serving on the committee.

“I am honored to continue to serve on the Attorney General’s Advisory Committee. Attorney General Barr is a dynamic leader with an unshakeable devotion to justice and the rule of law,” said U.S. Attorney Shores. “I will strive to represent with honor and integrity the Northern District of Oklahoma, as well as all of my U.S. Attorney colleagues in the Tenth Circuit. From reducing violent crime to combating elder fraud to confronting the opioid epidemic, the Attorney General’s priorities are my priorities. Together, we will do all we can to pursue justice for the American people.”

The Attorney General also thanked the following U.S. Attorneys who have completed their terms and are rotating off the committee: Louis Franklin, Middle District of Alabama; Robert Higdon, Eastern District of North Carolina; John Huber, District of Utah; Rob Hur, District of Maryland; Jeff Jensen, Eastern District of Missouri; Andrew Lelling, District of Massachusetts; Joshua Minkler, Southern District of Indiana; Richard Moore, Southern District of Alabama; Bryan Schroder, District of Alaska; and David Weiss, District of Delaware.  

Attorney General Barr also announced that U.S. Attorney for the Northern District of Texas Erin Nealy Cox, a current member, will replace U.S. Attorney John Huber as the Vice Chair of the AGAC.

Chaired by U.S Attorney for the District of Columbia, Jessie K. Liu, the AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management, and operational issues impacting U.S. Attorneys’ Offices.

The bios of all U.S. Attorneys are available here.

Container Ship Crewmembers Sentenced For Conspiring To Import Over Three Tons of Cocaine

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NEW ORLEANS – On September 19, 2019 United States District Judge Barry Ashe sentenced two Colombians, JHONNY RODRIGUEZ ALVAREZ, age 36, and ARIEL CALVO HENAO, age 52, two Ecuadorians, HECTOR RAFAEL GOMEZ LIMONES, age 38, VICENTE LOPEZ MERO, age 61, and four Peruvians JESUS JUSTO TASA CERVANTES, age 65, BORIS WISMARK VERGARA MONCADA, age 54, WALTER REYNALDO VIERA SULLON, age 45 and EDISON OMAR OTERO CRUZ, age 26, for conspiring to import 3,400 kilograms of cocaine into the United States.  The sentencings took place over the last several weeks, with the final defendant being sentenced today.

All of the defendants were crewmembers aboard a container vessel that was traveling from Chimbote, Peru to Ensenada, Mexico, which is near the border with the United States.  The U.S. Coast Guard interdicted the vessel in international waters south of Costa Rica.  After extensive searching, law enforcement found a hidden compartment inside a ballast tank on the vessel.  Inside the hidden compartment, law enforcement located approximately 3,400 kilograms of cocaine.

As part of the plea agreement, the crewmembers all acknowledged that after the vessel left port in Peru, it met up at sea with speedboats sent from near the Colombia/Ecuador border.  The vessel crew used an onboard crane to load the tons of cocaine off of the speedboats and onto the deck of the container vessel.  The crewmembers then moved the cocaine into a secret compartment that had been constructed specifically to hide the cocaine.  The sophisticated compartment was secured with headless screws and covered with putty so that it was virtually impossible to detect. 

Pursuant to the plea agreement with the United States, the crewmembers, many of whom claimed they were forced into participating in the smuggling operation by the individuals who organized the shipment, faced a statutory maximum sentence of sixty months.  District Judge Ashe sentenced each of them to the statutory maximum term, as well as one year of supervised release.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Drug Enforcement Administration, with assistance from the United States Coast Guard. This case is being prosecuted by Assistant United States Attorney David Haller.

 

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Kalispell man, two California residents charged with methamphetamine trafficking

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MISSOULA--The U.S. Attorney’s Office announced today that a Kalispell man and two persons from California appeared before U.S. Magistrate Judge Kathleen L. DeSoto on criminal complaints charging them with methamphetamine trafficking crimes.

John Patrick Figueroa Araujo, 53, of Kalispell, Kristal Patricia Leonard, 34, of Huntington Beach, CA, and John Murray Barry, 39, of Palmdale, CA, are charged with conspiracy to distribute methamphetamine and with possession with intent to distribute. If convicted of the most serious crime, the defendants face a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. All defendants were detained pending further proceedings.

The charging documents are merely accusations and defendants are presumed innocent until proven guilty.

Court documents filed in the case said investigators arrested the defendants on Sept. 18 as they were driving separately and that search warrants executed on their vehicles revealed approximately 31.5 pounds of methamphetamine.

The case was investigated by the Northwest Montana Drug Task Force, Homeland Security Investigations, Missoula High Intensity Drug Trafficking Area Task Force, Montana Highway Patrol, Missoula County Sheriff’s Office, Lake County Sheriff’s Office, Polson Police Department, Confederated Salish and Kootenai Tribes’ Police Department, Flathead County Sheriff’s Office, Kalispell Police Department, Drug Enforcement Administration, U.S. Border Patrol and Two Bear Air.Pacer case reference. 19-61.

If this case is of interest to your media organization and the community it serves, we encourage you to monitor the progress of it through the U.S. District Court calendar and the PACER system.

To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 XXX


Federal, State, Local, and Tribal Law Enforcement Conduct “Operation Fall Clean Up” to Clear Warrants for Violent Offenses as Part of Project Safe Neighborhoods

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67 violent felony fugitives arrested in weeklong operation

More than 650 guns taken off the streets in Rapid City since January 2018

Gun-related prosecutions have increased 50 percent District-wide

Shootings in Rapid City have declined dramatically since January 2018

RAPID CITY, SD – United States Attorney Ron Parsons and United States Marshal Dan Mosteller today announced a multi-agency law enforcement operation that resulted in dozens of arrests in the Rapid City area as part of the District of South Dakota’s renewed Project Safe Neighborhoods program.

For the past week, the U.S. Marshals have been working in collaboration with law enforcement officers from the Bureau of Alcohol, Tobacco and Firearms (ATF), Drug Enforcement Administration, Rapid City Police Department, Pennington County Sheriff’s Office, South Dakota Highway Patrol, Oglala Sioux Tribe Department of Public Safety, Bureau of Indian Affairs, National Park Service, and South Dakota Division of Criminal Investigation to track down and apprehend some of the Rapid City area’s most violent and persistent offenders with outstanding state and federal felony warrants for violent crimes, drug trafficking, and sex offenses.

The objective of "Operation Fall Clean Up," as designated by the U.S. Marshals Service, was to clear as many outstanding warrants for violent offenses from federal and state rolls as possible in order to make a positive impact on public safety for the entire Black Hills region.

The operation began in the early morning of Monday, September 16, 2019, and continued until the afternoon of Friday, September 20, 2019. By the end of the operation, deputy marshals and other law enforcement officers on the fugitive task force teams arrested 67 targeted fugitives with state or federal felony warrants for violent crimes, drugs, and sex offenses. And an additional 10 felony warrants were cleared for collateral subjects who were not initially targeted by the operation.

In all 77 federal and state felony warrants were cleared. The arrestees are among the most violent and active offenders in the Rapid City area. Investigations are currently underway to determine how many of those arrested in this operation will be charged in state or federal court with additional crimes.

"The resounding success of this operation is a testament to the courage, professionalism, and dedication of law enforcement officers at every level here in our state," said U.S. Attorney Parsons. "I want to thank all of the officers and agencies involved for removing these violent offenders from our communities and placing them in custody where they belong."

"This operation is an excellent example of what people can accomplish when they work together. In this endeavor, law enforcement has banded together to arrest the worst of the worst in our communities. They are locked up where they can no longer continue to commit violent crimes against our families, and especially our children," said U.S. Marshal Mosteller.

This warrant operation was conducted as part of Project Safe Neighborhoods, 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. The Department of Justice reinvigorated Project Safe Neighborhoods in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

At the beginning of 2018, U.S. Attorney Parsons designated Rapid City and the surrounding communities as the initial target area for the Department of Justice’s reinvigoration of Project Safe Neighborhoods in the District of South Dakota. Since that time, federal prosecutions of gun-related crimes in the District of South Dakota have increased by approximately fifty percent, with most of that increase coming from the District’s Western Division. The collective efforts of our law enforcement partners under Project Safe Neighborhoods have taken more than 650 guns off the streets in Rapid City alone since the beginning of 2018.

This focus on gun-related crimes has produced results. From 2017 to 2018, shootings in the Rapid City area declined significantly. According to the Rapid City Police Department, in 2017, there were a total of 50 non-fatal shootings in the Rapid City area. In 2018, that number decreased to less than 20, with the vast majority of those coming in the first quarter of 2018, when the Project Safe Neighborhoods initiative was reinvigorated in Rapid City with the help of Rapid City Police Chief Karl Jegeris, Pennington County Sheriff Kevin Thom, and Pennington County State’s Attorney Mark Vargo. In the last three quarters of 2018, there were only five such shootings. This favorable trend has continued into 2019.

Law enforcement representatives at today’s Project Safe Neighborhoods press conference, held at the Public Safety Building in Rapid City, included:

Ron Parsons: U.S. Attorney, District of South Dakota

Dan Mosteller: U.S. Marshal, District of South Dakota

Jason Ravnsborg: Attorney General, State of South Dakota

Don Hedrick: Assistant Police Chief - Rapid City Police Department

Jeromey Smith: Pennington County Sheriff’s Office

Mark Vargo: Pennington County State’s Attorney

Jonathan Ortiz: ATF Assistant Special Agent in Charge

Brett Garland: South Dakota Division of Criminal Investigation

Brian Swets: Sergeant – South Dakota Highway Patrol

Leonard Her Many Horses: Lt. Oglala Sioux Tribe Department of Public Safety

St. Croix Man Sentenced to 36 Months for Possession of a Firearm While Under Indictment for Assault Third Degree and Possession of a Firearm During a Crime of Violence

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St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced today that Sergio Rijo-Feliz, 27, of St. Croix, was sentenced to 36 months of incarceration for possession of a firearm while under indictment by District Court Judge Wilma A. Lewis on September 19, 2019. Judge Lewis also ordered Rijo-Feliz to pay a fine in the amount of $1,000.00, to supervised release for three years and to pay a special assessment of $100.00.

According to a plea agreement, and documents filed with the court, on October 2, 2018 Rijo-Feliz’ mother entered the Marshal Command Police Station, Christiansted, St. Croix, and reported that she found a firearm in his backpack which was in her car. She had just dropped Rijo-Feliz off at the Superior Court in Kingshill to sign in with the Probation Office. After discovering the firearm, she drove away while Rijo-Feliz was still at the courthouse. A subsequent search of the backpack revealed a 9mm Sturm Ruger handgun with one live round in the chamber and twenty live rounds in the attached magazine. An extended magazine with thirty 9mm live cartridges was also found inside the backpack along with a black ski mask, black wallet with a driver’s license and other ID’s belonging to Rijo-Feliz. Subsequent to his arrest, Rijo-Feliz admitted ownership and possession of the firearm.

At the time of the search, Rijo-Feliz was facing charges of Assault Third Degree and Possession of a Firearm During a Violent Crime in the Superior Court of the Virgin Islands. He had no license to possess a firearm in the Virgin Islands.

The case was investigated by the Virgin Islands Police Department and the U.S. Department of Homeland Security, Homeland Security Investigations. It was prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.

Virgin Islands Police Officer Indicted for Bank Fraud and Identity Theft

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St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today the unsealing of an indictment charging V.I.P.D. Officer Yomont King with a variety of offenses, including bank fraud, aggravated identity theft, and forgery. King made his initial appearance in federal court today in St. Croix.

According to the indictment, King defrauded one bank by depositing a $10,990 loan check intended for a third party into his own personal bank account on multiple occasions. In another instance, according to the charging document, King forged checks totaling $2,800 and deposited them into his own personal bank account.

This case is being investigated by the FBI and the Virgin Islands Police Department Economic Crimes Unit. It is being prosecuted by Assistant United States Attorney Nathan Brooks.

An indictment is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.

Western Iowa Methamphetamine Traffickers Sentenced

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COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on September 19, 2019, Chase Lee Richard, age 34; Brandy Lee Kumpula, age 28; and Jackie Lynn Thielan, age 31, were sentenced for Conspiracy to Distribute Methamphetamine by United States District Court Judge John A. Jarvey. Richard was sentenced to 15 years in prison to be followed by five years of supervised release; Kumpula was sentenced to eight years in prison to be followed by five years of supervised release; and Thielen was sentenced to 10 years in prison to be followed by five years of supervised release.

In late 2017, the Iowa Division of Narcotics Enforcement with the Federal Bureau of Investigation Safe Streets Task Force began investigating a large drug trafficking organization that was transporting large quantities of methamphetamine in and around the Western Iowa and Eastern Nebraska areas. As part of that investigation, law enforcement determined that Jackie Thielen was transporting and distributing large amounts of the methamphetamine to various locations in Shelby County, Iowa. Law enforcement determined that Thielen was obtaining the methamphetamine from Chase Richard. Law enforcement learned that Richard was also providing large quantities of methamphetamine to multiple people including Brandy Kumpula, who was selling methamphetamine to individuals in Council Bluffs and Omaha.

Previously sentenced in this case were Jessica Snavely to a prison term of ten years and William LaBenz to a prison term of five years. Four additional defendants are pending sentencing.

The case was investigated by the Iowa Division of Narcotics Enforcement, Federal Bureau of Investigation’s Safe Streets Task Force, Omaha Police Department, Southwest Iowa Narcotics Task Force, Council Bluffs Police Department, Harlan Police Department and the Shelby County Sheriff’s Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

Eight Former SCDC Employees Plead Guilty to Federal Crimes Associated with Accepting Bribes to Smuggle Contraband into SCDC Facilities

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Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Jamal Early, Frank Pridgeon, Miguel Williams,  Catherine Prosser, Holly  Mitchem, Robert Hill, Ebonynisha Casby, and Sharon Johnson Breeland, all former employees of the South Carolina Department of Corrections (SCDC), have pleaded guilty in federal court to offenses associated with accepting bribes to smuggle contraband into SCDC facilities.

“Those who violate the public trust by taking bribes to smuggle dangerous contraband into our prisons endanger inmates, prison staff, and the general public,” said U.S. Attorney Lydon.  “The U.S. Attorney’s Office and our partners at SCDC will not rest until we have rooted out the corruption in our prison system.”

“When a correctional officer brings contraband into an institution, it breaks a public trust and makes the institution and our state unsafe for everyone,” said Bryan Stirling, Director of the South Carolina Department of Corrections. “They deserve to spend time behind bars.”

The specific guilty pleas are as follows:

  • On September 19, 2019, Jamal Early pleaded guilty to Use of an Interstate Facility to Facilitate Bribery.  Facts presented in court showed Early, a former correctional officer at Ridgeland Correctional Institution, accepted bribes to smuggle tobacco and A-PVP (a synthetic narcotic) into prison.  He faces a maximum penalty of five years in federal prison.
  • On September 18, 2019, Frank Pridgeon pleaded guilty to Honest Services Wire Fraud.  Facts presented in court showed Pridgeon, a former correctional officer at Kershaw Correctional Institution, accepted bribes to smuggle cocaine, marijuana, tobacco, and cell phones into prison.  Pridgeon faces a maximum penalty of 20 years in federal prison.On September 13, 2019, Miguel Williams pleaded guilty to Use of an Interstate Facility to Facilitate Bribery.  Facts presented in court showed Williams, a former correctional officer at Perry Correctional Institution, accepted bribes to smuggle tobacco and liquor into prison.  Williams faces a maximum penalty of five years in federal prison.
  • On September 13, 2019, Catherine Prosser pleaded guilty to Possession with Intent to Distribute Marijuana.  Facts presented in court showed Prosser, a former correctional officer at McCormick Correctional Institution, accepted bribes to smuggle marijuana into prison.  Prosser faces a maximum penalty of five years in federal prison.
  • On September 13, 2019, Holly Mitchem pleaded guilty to Use of an Interstate Facility to Facilitate Bribery. Facts presented in court showed Mitchem, a food service worker at Tyger River Correctional Institution, accepted bribes to smuggle tobacco and K2 into prison.  Mitchem and faces a maximum penalty of five years in federal prison.
  • On September 13, 2019, Robert Hill pleaded guilty to Use of an Interstate Facility to Facilitate Bribery.  Facts presented in court showed Hill, a horticulture specialist at Tyger River Correctional Institution, accepted bribes to smuggle marijuana, K2, tobacco, and cell phones into prison.  Hill faces a maximum penalty of five years in federal prison.
  • On September 10, 2019, Ebonynisha Casby pleaded guilty to Use of an Interstate Facility to Facilitate Bribery.  Facts presented in court showed that Casby, a correctional officer at Lieber Correctional Institution, accepted bribes to smuggle a watch and jewelry into prison.  Casby faces a maximum penalty of five years in federal prison.
  • On August 6, 2019, Sharon Johnson Breeland pleaded guilty to Possession with Intent to Distribute Methamphetamine.  Facts presented in court showed that Breeland, a correctional officer at Broad River Correctional Institution, accepted bribes to smuggle methamphetamine into prison.  Breeland faces a maximum penalty of twenty years in federal prison.

 

These guilty pleas are the result of a partnership with the Federal Bureau of Investigation (FBI), the United States Attorney’s Office, and SCDC to investigate the smuggling of contraband into prisons by staff at SCDC. The investigation has uncovered a number of SCDC employees who accepted bribes to smuggle into prison various contraband such as cell phones, narcotics, or tobacco. Previous recent prosecutions by the United States Attorney’s Office of SCDC employees for these types of offenses have resulted in prison time for the offenders.

Assistant United States Attorney William Camden Lewis of the Columbia office is prosecuting the cases.

 

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