LAREDO, Texas – A 31-year-old Mexican national has admitted to conspiring with others to import approximately 25 kilograms of 100% pure meth from Mexico, announced U.S. Attorney Ryan K. Patrick. 

Pablo Xavier Castillo Jaramillo planned to import meth from Mexico on Aug. 22, 2019, along with Edgar Eliud Villarreal Munoz, a 43-year-old Mexican national. On that date, Munoz attempted to cross the border at the Juarez-Lincoln International Bridge in Laredo driving a Chevrolet Silverado 1500 hauling a utility trailer. Upon his arrival, authorities conducted an inspection of the truck’s interior and found packages concealed within the door frame.

The packages were ultimately found to contain approximately 25.04 kilograms of meth.

Jaramillo admitted he was paid 10,000 pesos to build the compartments and conceal the narcotics inside Munoz’s vehicle.

Munoz pleaded guilty Nov. 4, 2019, admitting he expected to be paid $5,000 for importing and transporting the narcotics inside the vehicle.

U.S. District Judge Marina Garcia Marmolejo will set sentencing at a later date. At that time, both men face up to 10 years in federal prison and a possible $10 million maximum fine.

Jaramillo and Munoz have been and will remain in custody pending that hearing.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Border Patrol and Customs and Border Protection. Assistant U.S. Attorney Yoona Lim is prosecuting the case.

John H. Durham, United States Attorney for the District of Connecticut, announced that RAEKWON OVERSTREET, 24, of Waterbury, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 30 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm.

According to court documents and statements made in court, on January 29, 2019, while he was on state parole following a conviction for conspiracy to commit robbery in the first degree, Overstreet attended a Project Safe Neighborhoods (PSN) call-in meeting in Waterbury.  PSN call-in meetings, which in Waterbury are run by the U.S. Attorney’s Office and the Waterbury Police Department, are held monthly for individuals who are recently released from prison.  Speakers from a variety of social service providers and educational institutions offer assistance to the attendees in the form of jobs, mental health treatment, anger management and educational opportunities.  Members of law enforcement also present a firm message that gun possession is unacceptable in light of its direct connection to gun violence, which exacts a heavy toll on the residents of Connecticut’s cities.

On February 19, 2019, as part of a special parole compliance check, law enforcement officials searched Overstreet and found that he had in his possession a loaded Springfield 9mm firearm.  The gun was stolen in Waterbury in 2005.

It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Overstreet has been detained since his arrest on February 19, 2019.  On September 30, 2019, he pleaded guilty to one count of possession of a firearm and ammunition by a convicted felon.

This matter has been investigated by the Bureau of Alcohol, Tobacco Firearms and Explosives and the Waterbury Police Department.  The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.      

This prosecution has been brought through 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.

DUBLIN, GA:  Eight people have been charged in a 12-count federal indictment alleging a brazen drug-trafficking conspiracy in and around Laurens County.

The defendants, named in an indictment returned by a federal grand jury and unsealed in U.S. District Court in Dublin, Ga., on Tuesday, Feb. 4, were taken into federal custody at the culmination of Operation “The Hole,” named for the shack the conspirators used for extensive narcotics distribution, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.

“The Laurens County Sheriff’s Office’s association with the Drug Enforcement Administration (DEA), Ocmulgee Drug Task Force, and numerous local and state law agencies brought this organization down,” said Laurens County Sheriff Larry Dean. “A criminal organization such as this one takes time, teamwork and perseverance to dismantle, and we are thankful to the citizens of Laurens County for their patience during this investigation. My deputies and I will not stop this fight against drugs as long as I am your sheriff.”   

The operation, coordinated by agents of the DEA, along with the Laurens County Sheriff’s Office and the Ocmulgee Drug Task Force, targeted a drug-trafficking ring moving large quantities of methamphetamine, cocaine, crack cocaine and marijuana into the Laurens County starting as early as 2013. The investigation identified a shack called “The Hole” as the “trap house,” or central distribution site, complete with a retail-like service counter for drug transactions, along with other Dublin-area locations.

During the execution of multiple federal search warrants, agents seized significant quantities of narcotics, including pounds of methamphetamine, cocaine and marijuana, along with 24 firearms, nearly $37,000 in cash, gold and silver with an estimated value of $90,000, devices for pressing bricks of cocaine, pill presses, a stolen vehicle, and two stolen generators with lights. Additional drugs, firearms and cash also were discovered during arrests of the defendants.

“Our office is committed to reducing illegal drugs and violent crime in every part of the Southern District, and that includes Dublin and Laurens County,” said U.S. Attorney Christine. “With our law enforcement partners, we will weed out these peddlers of poison who fuel a significant part of every community’s misery.” 

Those named in the indictment are:

• Quaveris Leshaun Mims, a/k/a “Strong,” 48, of Dublin, Ga., charged with  Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; Possession with Intent to Distribute Controlled Substances; Possession of Firearms in Furtherance of a Drug Trafficking Crime; and two counts of Possession of a Firearm by a Convicted Felon;
• Rodney Jarrod Denson, a/k/a “RD,” 43, of Dublin, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; Possession with Intent to Distribute Controlled Substances; Conspiracy to Possess Firearms in Furtherance of a Drug-Trafficking Crime; two counts of Possession of a Firearm in Furtherance of a Drug-Trafficking Crime; and two counts of Possession of a Firearm by a Convicted Felon;
• Anthony Michael Denson, 48, of Dublin, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; Possession with Intent to Distribute Controlled Substances; and, Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime;
• Nicholas Turner, 24, of East Dublin, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; and Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime;
• Brandon Payne, a/k/a “Tre,” 25, of Dublin, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; Possession with Intent to Distribute Controlled Substances; Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime; and Possession of Firearms in Furtherance of a Drug Trafficking Crime;
• Desergio Kates, a/k/a “Serg,” 25, of Dublin, Ga., charged with charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; Possession with Intent to Distribute Controlled Substances; Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime; and Possession of Firearms in Furtherance of a Drug Trafficking Crime;
• Constance Victoria Moore, 32, of Helena, Ga., charged with charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances; and,
• Zandera Finney, 33, of Warner Robins, Ga., charged with charged with charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances.

“RD” Denson and Anthony Michael Denson are brothers; Brandon Payne and Desergio Kates are stepsons of “RD” Denson.  

The charges for Mims, RD Denson, Anthony Michael Denson, Kates and Payne carry penalties of up to life in prison; the charges for Turner, Moore, and Finney carry penalties of up to 20 years in prison on each count. Each of the defendants, if convicted, also would be subject to substantial fines and would serve a period of supervised release after completion of any prison sentence. There is no parole in the federal system.

“These indictments are a direct result of the dedicated efforts between local, state and federal law enforcement and the subsequent prosecution by the U.S. Attorney’s Office,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division. “The distribution of dangerous drugs continues to ravage many communities, but the Dublin community is safer because these defendants have been removed from the streets.”  

Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations. Agencies involved in the investigation include the DEA; the Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF); the FBI; the U.S. Postal Inspection Service; the Laurens County Sheriff’s Office; Ocmulgee Drug Task Force; the Twiggs County Sheriff’s Office; the Wilkinson County Sheriff’s Office; the Baldwin County Sheriff’s Office; the Washington County Sheriff’s Office; the Johnson County Sheriff’s Office; and the Warner Robins Police Department, and is being prosecuted for the United States by Assistant U.S. Attorneys Patricia Rhodes and Henry W. Syms Jr.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

On February 4, 2020, the United States Court of Appeals for the Eighth Circuit rejected Susan Bala’s second attempt to obtain a “certificate of innocence,” based on the Court’s previous decision finding that Bala was “not truly innocent of state criminal gaming law violations.”  United States v. Bala, No. 18-2849 (8th Cir. Feb. 4, 2020); United States v. Racing Servs., Inc., 580 F.3d 710 (8th Cir. 2009).

This matter arose from a jury’s 2005 conviction of Bala for running an illegal gambling operation. In 1989, North Dakota legalized parimutuel wagering on horse races conducted outside of North Dakota and simulcast to a licensed off-track betting operator within the state. State law allowed only licensed charitable organizations to conduct simulcast parimutuel wagering. In 1993, Bala’s company, Racing Services, Inc. (“RSI”), was authorized to simulcast horse races to licensed off-track betting locations in North Dakota. RSI also established and maintained the combined parimutuel pools of North Dakota bets on behalf of licensed off-track betting operators.

North Dakota amended its parimutuel laws in 2001 to permit a form of betting called account wagering, which allowed a bettor to deposit funds in an account and use those funds to pay for parimutuel wagers, either in person, by telephone, or through electronic communication. Parimutuel wagers previously had to be made in person. In the wake of the 2001 amendments, RSI became the sole entity in North Dakota through which parimutuel bettors could conduct account wagering bets. State law required an entity conducting account wagering to pay some portion of the account wagering proceeds to a charitable organization. RSI set up a call center to conduct account wagering at its Fargo headquarters where RSI employees processed bets from bettors with wagering accounts.

In 2002, without notifying state regulators, RSI moved some of its equipment and tellers to an undisclosed call site in Fargo and began conducting account wagering there. Over the course of several months, RSI processed “off book” account wagering bets at the undisclosed site totaling over $99,000,000. Contrary to state law, RSI and Bala paid no part of these wagering proceeds to the state or to the charities licensed as off-track bettor operators. RSI and Bala also hid the gambling occurring at this undisclosed site from the state by not licensing the site and the tellers working there, using a bookkeeping system that disguised the gambling activities occurring there, and omitting those activities from RSI’s required weekly reports of all parimutuel bets placed in North Dakota. After an RSI employee reported to the state that RSI was conducting rogue parimutuel gambling at the undisclosed site, the state shut it down.

The state referred the matter to the Federal Bureau of Investigation. Following an investigation, a federal grand jury indicted Bala on charges of conspiring to conduct an illegal gambling business and to commit money laundering, among others. Bala proceeded to trial. Bala’s co-defendants—a vice president of RSI and the chief financial officer of RSI—acknowledged the illegal nature of the unreported account wagering conducted at the undisclosed site, pleaded guilty, and testified against Bala. The jury convicted Bala, and the district court sentenced her to 27 months in prison. The Eighth Circuit later reversed her convictions on the grounds that, although Bala committed the acts alleged, insufficient evidence supported the guilty verdicts beyond a reasonable doubt. United States v. Bala, 489 F.3d 334 (8th Cir. 2007).

Bala filed her first petition for a certificate of innocence in 2008. To obtain a certificate of innocence, an individual must prove she is actually innocent, a different determination from the Eighth Circuit’s ruling that the evidence of criminality did not support a finding of guilt beyond a reasonable doubt. The district court concluded that Bala could not meet her legal burden and was not actually innocent. The district court reasoned that, not only had Bala likely violated multiple provisions of North Dakota law, but she also brought about her prosecution through her actions. As the district court held, “a certificate [of innocence] . . . is appropriate only when ‘no offense’ was committed and the defendant did not contribute to his or her prosecution. Clearly, this is not the case here.” On appeal, the Eighth Circuit “agree[d] with the [district] court’s assessment” that Bala was not truly innocent of all state law offenses and thus did not qualify for a certificate of innocence. United States v. Racing Servs., Inc., 580 F.3d 710 (8th Cir. 2009); United States v. Racing Servs., Inc., No. 3:03-cr-00112, Doc. 202 (D.N.D. Sept. 19, 2008).

Nine years later, Bala filed another petition for a certificate of innocence, claiming that other parties in ongoing bankruptcy proceedings used her overturned convictions and the denial of a certificate of innocence against her. The district court denied her petition, concluding again that Bala was not actually innocent and that Bala could not revisit the prior denial of a certificate of innocence. United States v. Bala, No. 3:03-cr-00112, Doc. 234 (D.N.D. Aug. 8, 2018).

The Eighth Circuit today agreed, holding that the Court’s prior conclusion that Bala was “not truly innocent of state criminal gaming law violations” barred her second attempt to obtain a certificate of innocence. A certificate of innocence is available only to “the truly innocent, making it necessary to separate from the group of persons whose convictions have been reversed, those few who are in fact innocent of any offense whatever.” The Court rejected Bala’s argument that circumstances had changed since the Court rejected her first petition for a certificate of innocence. The Court thus concluded he legal doctrine of res judicata barred her second petition. 

Assistant United States Attorney Megan A. Healy represented the United States.

John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with the Circle Hotel in Fairfield, to resolve allegations that the hotel was not in compliance with the Americans with Disabilities Act of 1990 (“ADA”).

The settlement agreement resolves an ADA complaint filed by an individual with disabilities alleging that the Circle Hotel was not accessible for individuals with physical disabilities.  The hotel is in the process of making the changes required by the settlement agreement, including designing and constructing accessible guest rooms, an accessible route to the new guest rooms, and a new accessible restroom in the hotel’s lobby area.  The settlement agreement also requires the Circle Hotel to add accessible parking spaces, an accessible route from the new accessible parking spaces to the designated accessible entrance, and accessible seating in the hotel’s lobby, breakfast and patio areas.  The hotel will continue to make improvements over the next two years.

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

U.S. Attorney Durham noted the cooperation of the owners of the Circle Hotel throughout this investigation and applauded their willingness to improve accessibility at their hotel without the need for litigation.

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

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

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

NEWARK, N.J. – Five men from Jersey City, New Jersey have been charged with conspiracy to distribute and possess with intent to distribute narcotics, U.S. Attorney Craig Carpenito announced today.

Jerome Powell, 40, Raheem Rogers, 28, Karee Cunningham, 24, Rafiq Holmes, 40, and Matthew Collier, 36, are charged by criminal complaint with one count of conspiracy to distribute and possess with intent to distribute quantities of both heroin and cocaine. Rogers and Powell were arrested this morning. The other defendants remain at large.

The two defendants appeared on February 4, 2020, before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court. Raheem Rogers was released on bail. Jerome Powell was detained.

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

From in or about August 2019 through on or about February 2, 2020, law enforcement observed Jerome Powell, Raheem Rogers, Karee Cunningham, Rafiq Holmes, and Matthew Collier working together to possess and distribute controlled substances on and around Bartholdi Avenue in Jersey City.

The conspiracy to distribute and possess with intent to distribute heroin and cocaine charge has a maximum sentence of 20 years in prison and a $1 million fine.

U.S. Attorney Carpenito credited special agents and task force officers of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, New Jersey Division; and members of the Jersey City Police Department, under the direction of Chief of Police Michael Kelly, with the investigation leading to the charges.

This investigation was part of the Jersey City Violent Crime Initiative (VCI), where the U.S. Attorney’s Office has partnered with state, federal, county, and local law enforcement to investigate crime in Jersey City.

The government is represented by Assistant U.S. Attorney Tracey Agnew of the Organized Crime and Gangs Unit of the U.S. Attorney’s Office’s Criminal Division in Newark.

The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

A suspected neo-Nazi has pleaded guilty to a gun crime following an investigation by the FBI, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox. 

Aiden Bruce-Umbaugh, 23, pleaded guilty to possession of firearms and ammunition by a prohibited person in Lubbock in January.

Video unsealed by the Court yesterday evening shows the defendant, handcuffed and clad in an orange jumpsuit, telling agents, “I assume you’re here because of my swastika flag and my firearms.”  

According to his plea papers, Mr. Bruce-Umbaugh – who was arrested in November in Post, Texas, dressed in tactical gear – admitted to possessing AR-15 rifle, two AK-47 rifles, a Sig Sauer 9mm pistol, and assorted ammunition while being an unlawful user of a controlled substance. (Federal law prohibits unlawful users of controlled substances to possess firearms.)

Mr. Bruce-Umbaugh admits he and Kaleb Cole were pulled over in a blue Ford Focus on Nov. 4. Inside the vehicle, law enforcement discovered the firearms, a small canister of marijuana, and a vial of THC oil.

Mr. Bruce-Umbaugh – who “avoided eye contact and limited conversation” with law enforcement and denied having anything illegal inside the vehicle during the traffic stop – later admitted that the firearms, marijuana, and THC belonged to him, telling investigators he smoked marijuana on a daily basis, according to plea papers.

“The Northern District of Texas is committed to keeping guns out of the hands of dangerous individuals,” said U.S. Attorney Nealy Cox. “As a drug user, this defendant should never have been allowed to possess firearms. We’re grateful to our law enforcement partners for helpings us keep this defendant, and his guns, off the streets.”

“The amount of weapons and ammunition seized from the defendant could have caused serious harm. Luckily, the FBI and our law enforcement partners successfully intervened before an act of violence could be committed,” said FBI Special Agent in Charge Matthew J. DeSarno. “The FBI will continue working with our partners to protect the communities we serve.”

In a detention hearing in November, prosecutors argued the government had reason to believe Mr. Bruce-Umbaugh is a member of AtomWaffen Division, a neo-Nazi hate group.

In jailhouse phone calls, Mr. Bruce-Umbaugh allegedly referenced his affiliation with “the group,” declared he was “a Nazi,” and discussed a photo taken of him and another AtomWaffen Division member at the Auschwitz concentration camp, prosecutors said at the detention hearing.

Propaganda videos admitted into evidence and released by the Court Monday – which spew hateful rhetoric against Jews – depict members of the AtomWaffen Division at self-described “hate camps” practicing hand-to-hand combat and shooting firearms. 

“Race war now!” they cry, before one displays a Nazi salute.

The defendant now faces a sentence of up to 10 years in federal prison. He is slated to be sentenced on Thursday, April 23.

The Federal Bureau of Investigation’s Lubbock Resident Agency, the Garza County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives conducted the investigation. Assistant U.S. Attorneys Russell Lorfing and Stephen Rancourt are prosecuting the case.

The case was brought under Project Guardian, the Justice Department's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a
prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. 

MIAMI – On February 4, 2020, Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation, Miami Division, and Roland D. Pandolfi, Chief of Police, Miccosukee Police Department, announced the convictions of all eight (8) defendants in United States v. Michel Aleu, et al. Case No. 19-20435-Cr-Gayles. 

Four of the defendants, Michel Aleu, Lester Lavin, Yohander Jorrin Melhen, and Leonardo Betancourt, all former employees and licensees of Miccosukee Gaming, pled guilty and were convicted of conspiracy to steal funds in excess of $1,000 from Miccosukee Gaming, conspiracy to commit computer fraud, and money laundering conspiracy.  Their respective spouses, defendants Maria Del Pilar Aleu, Anisleydi Vergel Hermida, and Milagros Marile Acosta Torres, pled guilty and stand convicted of conspiracy to commit money laundering offenses.  Yohander Jorrin Melhen and Milagros Acosta Torres were the last defendants to plead guilty, when they appeared in Court on Friday, January 31, 2020.

As stated in court documents, from January 2011 to May 2015, Michel Aleu, Lavin, Jorrin Melhen, Betancourt, and other co-conspirators, who were employed in the video game department at the Miccosukee Casino, tampered with the computers in electronic gaming machines, causing those machines to generate false and fraudulent credit vouchers or tickets.  They then enlisted other conspirators to exchange the vouchers for cash at ATMs located on the casino floor, at floor cashiers, or the casino treasury.  Casino records disclose that the defendants and their co-conspirators stole approximately $5.3 million in cash from Miccosukee Gaming.  The defendants used the stolen funds to purchase and maintain residences and investment properties, to purchase vehicles, vessels, and Florida Prepaid College Plans for certain of their children, and to pay for travel and household expenses.

The defendants are now awaiting sentencing before United States District Judge Darrin P. Gayles.  Each defendant faces a maximum term of 20 years’ imprisonment for money laundering conspiracy.  Michel Aleu, Lavin, Jorrin Melhen, and Betancourt face maximum terms of five years on their convictions for conspiracy to steal from Miccosukee Gaming and conspiracy to commit computer fraud.

U.S. Attorney Fajardo-Orshan commended the investigative efforts of FBI and Miccosukee Police Department.  This case was prosecuted by Assistant U.S. Attorney Dwayne Williams and Asset Forfeiture Assistant U.S. Attorney Nicole Grosnoff.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.

Seattle – The suspect in the theft of nearly 40 firearms from two different gun stores pleaded guilty today in U.S. District Court in Seattle to two counts of theft of firearms from a federal firearms licensee, announced U.S. Attorney Brian T. Moran.  39-year-old JOEY A. MAILLET faces up to ten years in prison when sentenced by U.S. District Judge Richard A. Jones on May 8, 2020.

In May 2019, MAILLET was identified as the suspect in the April 13, 2019, burglary of Fred’s Guns in Sequim, Clallam County, and in the May 3, 2019, burglary of All American Armory in Bow, Skagit County.  According to records filed in the case, forensic evidence, including blood and fingerprints, as well as surveillance video, link MAILLET to the crimes.  In Sequim, MAILLET used a backhoe to ram the doors of the store and then broke glass display cases to steal 26 firearms.  MAILLET cut his arm on the glass case and left blood and fingerprints at that scene.  At All American Armory in Bow, surveillance video showed MAILLET used a stolen pick-up truck to back into the doors of the store, shattering them.  MAILLET then used a garbage can, stolen from the neighboring post office, to load up 13 rifles from the store and drove away with them in the stolen pick-up. 

The pick-up truck was ultimately found abandoned in Birch Bay State Park in Whatcom County, Washington.  Shattered glass was in the truck bed, as well as a stolen boat motor and battery.  The truck was reported stolen from an agricultural operation not far from the Bow gun store, and the boat motor and battery were reported stolen by a resident of Ferndale, Washington.

On May 10, 2019, a Ferndale Police Officer encountered MAILLET and arrested him on an outstanding warrant for an Everett, Washington, burglary.  After obtaining a court-authorized search warrant, investigators determined items in MAILLET’s backpack linked him to the thefts at the Bow gun store.  Additionally, video from the boat motor and battery theft clearly showed MAILLET was the thief.

Four of the stolen firearms have been recovered.  All were found in British Columbia, Canada, either at crime scenes or on criminal suspects.

Under the terms of the plea agreement, MAILLET is to pay restitution to both stores for the damages to the buildings and the value of the guns.  MAILLET is also responsible for damages to the businesses from which he stole the truck and backhoe used in the burglaries.  He also will pay restitution to the owner of the stolen boat motor and battery.

Prosecutors have agreed to recommend a sentence of no more than 6 years in prison.  However, the ultimate sentence is up to the judge and could be up to the statutory maximum of 10 years in prison.

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), with assistance from the Clallam County Sheriff’s Office, Sequim Police Department, Washington State Patrol, Skagit County Sheriff’s Office, Ferndale Police Department, and Washington State Parks Rangers.

The case is being prosecuted by Assistant United States Attorney Erin H. Becker.

MARTINSBURG, WEST VIRGINIA – Todd Jason Erwin, of White Post, Virginia, was sentenced today to 33 months incarceration for his involvement in a drug distribution conspiracy, U.S. Attorney Bill Powell announced.

Erwin, age 43, pled guilty to one count of “Conspiracy to Distribute Cocaine Base and Heroin” in September 2019. Erwin admitted to working with others to distribute cocaine base and heroin in October and November 2018 in Berkeley County.

Assistant U.S. Attorney Lara K. Omps-Botteicher, Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, and Assistant U.S Attorney Timothy D. Helman, prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, 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.

Chief U.S. District Judge Gina M. Groh presided.

MARTINSBURG, WEST VIRGINIA – Michael Lee Gray, II, of Marshall, Virginia, was sentenced today to 78 months incarceration for his involvement in a drug distribution conspiracy, U.S. Attorney Bill Powell announced.

Gray, age 29, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in September 2019. Gray admitted to working with others to distribute methamphetamine from August 2017 to June 2018 in Mineral, Hardy, and Hampshire Counties and elsewhere.

Assistant U.S. Attorney Lara Omps-Botteicher prosescuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, The West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated. 

The investigation was funded in part 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.

Chief U.S. District Judge Gina M. Groh presided.

MARTINSBURG, WEST VIRGINIA – Franklin Israel Reyes-Zelaya, a citizen of El Salvador, was sentenced today to time served for a reentry charge, U.S. Attorney Bill Powell announced.

Reyes-Zelaya, age 30, pled guilty to one count of “Reentry of Removed Aliens” in January 2020. Reyes-Zelaya admitted to being in Berkeley County in September 2019 after being removed once before from the United States illegally. 

Assistant U.S. Attorney Timothy D. Helman prosecuted the case on behalf of the government. The Department of Homeland Security Immigration and Customs Enforcement investigated.

Chief U.S. District Judge Gina M. Groh presided.
 

MARTINSBURG, WEST VIRGINIA – Bruce Scott Nicholson, of Martinsburg, West Virginia, was sentenced today to five years probation for his role in a cocaine, heroin, and fentanyl distribution operation, U.S. Attorney Bill Powell announced.

Nicholson, age 53, pled guilty to one count of “Aiding and Abetting Travel Act - Promotion” in September 2019. Nicholson admitted to working with another to travel from West Virginia to Pennsylvania to obtain drugs to then distribute those drugs in West Virginia. The crime occurred in October 2018.

Assistant U.S. Attorney Lara K. Omps-Botteicher, Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, and Assistant U.S Attorney Timothy D. Helman, prosecuted the case on behalf of the government. The Federal Bureau of Investigation; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Berkeley County Prosecuting Attorney’s Office, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson 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.

Chief U.S. District Judge Gina M. Groh presided.

MARTINSBURG, WEST VIRGINIA – Cassandra Elaine Riggs, of Hedgesville, West Virginia, was sentenced today to 57 months incarceration for a firearms charge, U.S. Attorney Bill Powell announced.

Riggs, age 30, pled guilty to one count of “Unlawful Possession of a Firearm” in September 2019. Riggs, who is prohibited from having a firearm or ammunition because of previous felony convictions, admitted to having a .223 caliber semi-automatic rifle in October 2018 in Berkeley County.

This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.

Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Probation Office investigated. 

Chief U.S. District Judge Gina M. Groh presided.

Knoxville, Tenn. - On February 4, 2020, George Robert Everhart, 31, of Maryville, was sentenced by the Honorable Thomas A. Varlan, in the United States District Court at Knoxville. Everhart will serve 262 months in federal prison for producing and possessing child pornography.  Following his imprisonment, Everhart will be supervised by the United States Probation Office for 10 years and will be required to register with the state sex offender registry in any state in which he lives, works, or attends school.

The investigation began when a tip came in from the National Center for Missing and Exploited Children.  Law enforcement quickly identified Everhart and insured that the victims were no longer in peril. Through the execution of federal search warrants, law enforcement discovered child pornography on Everhart’s phone, computer, and in his online file storage account.

“I want to commend the dedicated investigators and forensic examiners of the Knoxville Police Department who immediately took action to protect children from the defendant.” said J. Douglas Overbey, U.S. Attorney for the Eastern District of Tennessee.  U.S. Attorney Overbey emphasized, “We will continue to work closely with law enforcement to pursue child sexual predators and vigorously prosecute them and protect our children from them.”

The case was investigated by the Knoxville Police Department’s Internet Crimes Against Children Unit, with assistance from the Maryville Police Department. 

Assistant U.S. Attorney Matthew T. Morris represented the United States.

This case was brought forward as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about PSC, please visit www.projectsafechildhood.gov 

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BOSTON - A Brockton man was sentenced yesterday in federal court in Boston for fentanyl distribution.

Jeffrey Oliveira, 24, was sentenced by U.S. District Court William G. Young to 33 months in prison and six years of supervised release. In June 2019, Oliveira pleaded guilty to distributing fentanyl.

In May 2018, a cooperating witness made a controlled purchase of fentanyl from Oliveira. This marks Oliveira’s second federal conviction; in 2016 he was indicted with distributing fentanyl in Brockton, and after pleading guilty was sentenced to 18 months in prison.

This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each of whom had prior convictions for acts of violence, firearm offenses, and/or drug trafficking. It is alleged that many of the Operation Landshark’s targets are among the top 30 criminal offenders responsible for violent acts and firearms in Brockton.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachael Rollins; Boston Police Commissioner William G. Gross; and Brockton Police Chief John Crowley made the announcement. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.

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

MARTINSBURG, WEST VIRGINIA – Alberto Poblano Lopez, of Martinsburg, West Virginia, was sentenced today to five years probation for using a false social security number to obtain a driver’s license, U.S. Attorney Bill Powell announced.

Lopez, age 37, pled guilty to one count of “False Representation of a Social Security Number” in September 2019. Lopez admitted to using someone else’s social security number in order to obtain a West Virginia Driver’s License in August 2018 in Jefferson County.

Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The U.S. Department of State, Diplomatic Security Service investigated. 

Chief U.S. District Judge Gina M. Groh presided.
 

SENTENCING – DONNA WOODS

On January 30, Donna Woods was sentenced to 7 years and 3 months in federal custody and to paying $337,951.06 in restitution to the Federal Communications Commission for conspiracy to commit mail and wire fraud, and wire fraud. Woods had approved the granting of a federal telecommunications E-rate contract to a company called ADI Engineering which was owned by Woods’ coconspirator. Woods received $50,000 in exchange for her approval of ADI Engineering, a company known to have a shoddy record. She also falsely reported that ADI had correctly completed their job. This case was investigated by the Federal Bureau of Investigation’s Dallas Field Office and the Federal Communications Commission Office of Inspector General and prosecuted by AUSA Russ Fusco and AUSA Nick Bunch. Click here to read more about this case.

GUILTY PLEA – ARTURO CALDERON

On January 28, Arturo Calderon, 26, pled guilty to making a false statement during the purchase of a firearm. Between February 2018 and February 2019, Calderon purchased numerous firearms from licensed vendors. During the purchase of these firearms, Calderon responded falsely to the question on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Form that asks if the buyer is “the actual transferee/buyer of the firearms(s) listed on this form.” Calderon purchased at least 16 firearms that he then gave to an individual who covered the cost of the firearms, and then additionally compensated Calderon. Calderon faces up to 10 years in federal custody for his crimes. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is prosecuted by AUSA Brian McKay.

SENTENCING – RAFAEL RUBI

On January 29, Rafael Rubi, 24, was sentenced to 17 years in federal custody for possession with the intent to distribute heroin, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. Rubi and his coconspirator were stoppedfor a traffic violation, and officers observed a firearm in plain view. Rubi is a convicted felon and prohibited from possessing a firearm. In the preceding week, Rubi had been involved in multiple drive-by shootings with the intention of extorting payment for damages in a car accident. A search warrant was executed at Rubi’s residence and officers recovered heroin, methamphetamine, cocaine, alprazolam, marijuana, a drug ledger, and two pistols. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and was prosecuted by AUSA Rebekah Ricketts. Please click here to read more about this case.

SENTENCING – CIERA WASHINGTON

On January 27, Ciera Washington, 23, was sentenced to 5 years in federal custody for robbery. Washington waited in a vehicle as an escape driver, while her coconspirators stole 68 packs of cigarettes and $343 from a Valero gas station after striking the store clerk on the head with a firearm. The coconspirators were pursued by the police, and Washington led them on a high-speed chase, until she hit a curb. The coconspirators fled and escaped, however, Washington was apprehended as she was several months pregnant. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Mesquite Police Department, and the Dallas Police Department and is prosecuted by AUSA Cara Pierce.

SENTENCING – JESSE BELL

On January 30, Jesse Bell, 26, was sentenced to 17 years in federal custody for felon in possession of a firearm, interference with commerce by robbery, and brandishing a firearm during a crime of violence. He and his coconspirator robbed a Valero gas station at gun point and struck the store clerk on the head with the pistol. He and his coconspirators then led police on a high-speed chase that eventually ended in Bell’s capture. It was revealed during trial that Bell had also sold firearms to an undercover agent, despite being a convicted felon. This is a Project Guardian case that was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Mesquite Police Department. The case was prosecuted by AUSA Cara Pierce. Click here to read more about this case.

GUILTY PLEA – ELLIS JAY JOHNSON

On January 30, Ellis Jay Johnson, 42, pled guilty to possession with the intent to distribute methamphetamine. A cooperating individual working with the Hunt County Sheriff’s Department went to Johnson’s home and purchased methamphetamine. The individual was wearing a recording device, and the officers used that recording to obtain a warrant. When the warrant was executed, officers found three firearms and methamphetamine. He faces up to 20 years in federal custody for his crimes. This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and the Hunt County Sheriff’s Office and is prosecuted by AUSA Suzanna Etessam.

SENTENCING – JUAN CARLOS FARIAS-LOYA

On January 29, Juan Carlos Farias-Loya, 34, was sentenced to 8 years in federal custody for conspiracy to possess with the intent to distribute methamphetamine. Through a confidential source, the Drug Enforcement Administration learned that Farias-Loya met the individual at both a Marshalls and a residence to sell methamphetamine. Later, Farias-Loya and his coconspirators used a money remitter business to wire proceeds to Mexico. Federal agents executed a search warrant at the residence and found a methamphetamine recrystallization laboratory, 6 kilograms of methamphetamine, receipts for money sent to Mexico, and $180,000 in proceeds. This case was investigated by the Drug Enforcement Administration and prosecuted by AUSA Suzanna Etessam.

WHEELING, WEST VIRGINIA – Gordon Lloyd Swartz, IV, of Jacksonburg, West Virginia, was indicted today on a drug charge, U.S. Attorney Bill Powell announced.

Swartz, age 44, was indicted on one count of “Possession with Intent to Distribute Methamphetamine.” Swartz is accused of having methamphetamine in October 2019 in Tyler County.

The government is also seeking the forfeiture of $36,573 in cash, two 9mm pistols and ammunition, one faux firearm suppressor, and three holsters.

Swartz faces up to 20 years incarceration and a fine of up to $1,000,000.  Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The West Virginia Division of Natural resources-Law Enforcement Section investigated.

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

PHILADELPHIA – United States Attorney William M. McSwain announced that Jonathan Nyce, 70, of Collegeville, PA, was charged by Indictment with wire fraud and the interstate shipment of misbranded animal drugs. The charges arise from a years-long scheme to defraud pet owners of money by falsely claiming to sell canine cancer-curing drugs.

The Indictment alleges that the defendant created several companies beginning in 2012, including “Canine Care,” “ACGT,” and “CAGT,” through which he purported to develop drugs intended to treat cancer in dogs. Using various websites for these companies, the defendant marketed these “cancer-curing” medications to desperate pet owners, using the drug names “Tumexal” and “Naturasone.” The websites made numerous allegedly false and fraudulent claims regarding the safety and efficacy of these supposed drugs, including that “Tumexal is effective against a wide variety of cancers,” and, “[i]n fact, Tumexal will almost always restore a cancer-stricken dog’s appetite, spirit and energy!” As alleged, these drugs were nothing more than a collection of bulk ingredients from various sources, which the defendant blended together himself at a facility on Arcola Road in Collegeville.

Further, through email and telephone conversations, Nyce allegedly induced the owners of terminally ill dogs to pay him hundreds or thousands of dollars for these drugs by touting the effectiveness of his products in treating a host of canine cancers. He also told prospective customers that their pets could become part of clinical trials, but in order to do so, they had to pay him large sums of money. The defendant’s marketing, sale, and shipment of these drugs in interstate commerce is alleged to have violated the Food and Drug Administration’s Federal Food, Drug, and Cosmetic Act because the drugs were not approved by the FDA. The defendant even falsely claimed in promotional materials that his company’s research was “funded in part by the U.S. Food and Drug Administration.” 

“The defendant’s alleged conduct here is shameful,” said U.S. Attorney McSwain. “As any dog owner will tell you – myself included – pets quickly become part of the family. And when they become sick, caring owners look for hope, often doing everything they can to keep their beloved pets alive and well. The defendant is charged with taking advantage of that nurturing instinct in the worst way possible by defrauding pet owners and giving them false hope that they might be able to save their dying pet. That is both cruel and illegal, and now the defendant will face the consequences.”

“American pet owners rely on the FDA to ensure their pets’ drugs are safe and effective,” said Special Agent in Charge Mark McCormack, FDA Office of Criminal Investigations’ Metro Washington Field Office.  “We will continue to investigate and bring to justice those who ignore or attempt to circumvent the law.”

If convicted, the defendant faces a maximum possible sentence of 32 years imprisonment and a fine of up to $1,250,000.

The case was investigated by the Food and Drug Administration’s Office of Criminal Investigation, and is being prosecuted by Assistant United States Attorney Christopher E. Parisi.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.