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Eagle Butte Woman Sentenced for Firearm Charge

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United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 6, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Carlee Lucia Condon, age 22, was sentenced to time served through August 17, 2020, totaling 4 months in federal prison, 3 years of supervised release, forfeiture of her interest in a handgun, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Condon was indicted by a federal grand jury on January 14, 2020.  She pled guilty on April 6, 2020.

The conviction stemmed from an incident that occurred on July 2, 2019, when Condon, being an unlawful user of and addicted to methamphetamine, knowingly possessed a handgun in Eagle Butte.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN 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.

This case is also part of Project Guardian, the Department of Justice’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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

Condon was immediately remanded to the custody of the U.S. Marshals Service.


Rapid City Man Indicted on Cocaine, Marijuana, and Firearm Charges

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United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Cocaine and Marijuana, and Possession of a Firearm by a Prohibited Person.

Michael Kearney, age 28, was indicted on March 9, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 2, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that beginning on or about the 1st day of January 2017, through the 1st day of March 2018, Kearney knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute cocaine and marijuana.  Further, on July 23, 2017, Kearney, knowing he was an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm.

The charges are merely accusations and Kearney is presumed innocent until and unless proven guilty.

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN 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.

This case is also part of Project Guardian, the Department of Justice’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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Kearney was released on bond pending trial.  A trial date has not been set.

United States Attorney and the Internal Revenue Service Remind Taxpayers of Upcoming Filing Deadline and to Remain Vigilant for Fraud

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U.S. Attorney Ron Parsons, District of South Dakota, and Acting Special Agent in Charge Adam Steiner, IRS Criminal Investigation, St. Louis Field Office, are reminding taxpayers that the tax filing and payment deadline is July 15, and to continue to be on the lookout for scam artists.

Parsons and Steiner made the announcement today to urge people who owe taxes, even if they have a filing extension, to carefully review their situation and pay what they can by July 15 to avoid penalties and interest.

Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. For people facing hardships, including those affected by COVID-19, who cannot pay in full, the IRS has several options available on IRS.gov/payments.

“Taxpayers who are unable to pay their taxes in full should act as quickly as possible since interest and penalties can rapidly accumulate when more time passes,” warned Steiner. “You must pay the taxes you owe by July 15.”

In addition, Parsons and Steiner reminded taxpayers that scammers are hard at work looking for ways to steal your personal information and your money. Stay alert! The IRS will not contact you by phone, email or social media to ask for personal information. It is a scam.

“Please make sure to file your taxes on time and never share your personal or financial information with anyone you do not know and trust,” said U.S. Attorney Parsons.

“IRS Criminal Investigation and the U.S. Attorney’s Office are focusing on bringing to justice criminals that use taxpayer’s personal information as an opportunity to commit a crime, especially those looking to prey on vulnerable taxpayers,” said Steiner.

For official information, go directly and solely to IRS.gov

Camden County Man Admits Trafficking High-Dosage Oxycodone Pills as Part of Camden and Gloucester City Drug Rings

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CAMDEN, N.J. – A Camden County, New Jersey, man today admitted buying and reselling 80 milligram oxycodone pills as part of his role in drug trafficking operations based in Gloucester City and Camden, U.S. Attorney Craig Carpenito announced.

Wayne Muse, 73, of Lindenwold, New Jersey, pleaded guilty by videoconference before U.S. District Judge Renée Marie Bumb to an information charging him with one count of conspiracy to distribute and possess with intent to distribute a quantity of oxycodone and one count of distributing and possessing with intent to distribute a quantity of oxycodone.

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

Muse and others, including Rocco DePoder and Erick Bell, allegedly agreed to distribute oxycodone in South Jersey between January and March 2020. On Feb. 13 and 14, 2020, Muse communicated with DePoder using the telephone – in communications that were intercepted during a wiretap investigation led by the FBI – and arranged to sell DePoder 60 80 mg. oxycodone pills, which Muse planned to purchase from an individual identified as “Seller-1.” On Feb. 14, 2020, DePoder paid Muse $600, and Muse used $300 of that money to buy the 60 oxycodone pills from Seller-1. Muse then provided the 60 oxycodone pills to DePoder, keeping the remaining $300. Between January and March 2020, Muse also sold oxycodone pills to Bell.

Each count of the information carries a maximum prison term of 20 years and a maximum fine of $1 million.

Others, including DePoder and Bell, were charged in criminal complaints in March 2020.  Their cases are pending, and they are presumed innocent unless and until proven guilty.

U.S. Attorney Carpenito credited special agents of FBI Philadelphia Division, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael J. Driscoll; the U.S. Department of Health and Human Services-Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the Camden County Sheriff's Office, under the direction of Sheriff Gilbert L. Wilson; the New Jersey Office of Homeland Security and Preparedness, under the direction of Director Jared M. Maples; the Camden County Police Department, under the direction of Chief Joseph Wysocki; and the U.S. Department of Agriculture-Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins, with the investigation leading to today’s guilty plea. He also thanked the FBI Newark Division, New Jersey State Police, Camden County Prosecutor’s Office, and U.S. Drug Enforcement Administration (DEA) for their assistance.

The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni of the Office’s Camden branch and Sara F. Merin of the Newark Office.

Owner of Virginia Company Pleads Guilty to $2.8 Million Medicaid Fraud

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RICHMOND, Va. – A Texas woman pleaded guilty today to defrauding the Virginia Medicaid Program out of more than $2.8 million.

According to court documents, Katrina Lynch, 39, of Cypress, owned and operated A Tender Heart, LLC, a company based in Midlothian. A Tender Heart was enrolled with the Virginia Medicaid Program as a Service Facilitator, a Medicaid provider that ensures Medicaid recipients receive needed and required services. Between 2011 and 2018, Lynch routinely submitted bills to Medicaid for services that her company never provided. For example, Lynch submitted bills to Medicaid for services supposedly provided to Medicaid recipients that had died, recipients that were hospitalized, recipients that transferred to other Service Facilitators, and recipients that had not been visited by any company employees for months. 

Lynch pleaded guilty to one count of health care fraud, and faces a maximum penalty of 20 years in prison when sentenced on December 1. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after U.S. District Judge David J. Novak accepted the plea. Assistant U.S. Attorney Katherine Lee Martin is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-174.

Federal Judge Declines to Extend Injunction to "Lower-Risk" Immigration Detainees Held at Strafford County House of Corrections

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            CONCORD - United States Attorney Scott W. Murray announced that on July 1, 2020, Chief Judge Landya B. McCafferty of the United States District Court for the District of New Hampshire declined to grant preliminary injunctive relief to “lower-risk” immigration detainees arrested by Immigration and Customs Enforcement (“ICE”) and held at the Strafford County House of Corrections (“SCHOC”).

            ICE detains individuals who have criminal convictions or previously have been ordered to be removed from the United States.  Under federal law, these individuals often are required to be detained pending the resolution of any legal claims challenging their removal from the United States. 

            In the wake of the COVID-19 pandemic, a class action was filed on behalf of detainees in ICE custody at SCHOC.  The lawsuit sought the release of ICE detainees from custody. 

            On May 4, 2020, the court ordered preliminary relief, including providing bail hearings for ICE detainees with high-risk medical conditions.  As a result of these hearings, the Court released approximately ten high-risk inmates from custody.  The Court also denied bail for approximately five high-risk inmates.

            The Court conducted remote evidentiary hearings to determine whether detainees with lower medical risks also were entitled to relief.  In a 22-page order, the Court declined to grant bail hearings to lower-risk detainees, finding that these detainees had failed to demonstrate a likelihood of success on their claims that ICE or the Strafford County House of Corrections had been deliberately indifferent to their medical needs.

            The Court’s order noted that authorities had taken multiple steps to address COVID-19 risks at the facility, including: drastically reducing visits from outsiders; screening of employees; providing masks to staff, inmates, and visitors; requiring a 14-day quarantine for new inmates, and halting transfers of ICE detainees from facilities with known infections.  The facility limited “tier time” of inmates outside their cells, increased the amount of cleaning inside the facility, and increased inmate access to cleaning and hygiene supplies.  ICE also reduced enforcement actions to diminish the number of detainees so that SCHOC was well below its maximum capacity.  Because of these and other measures, the Court concluded that while conditions at SCHOC were not perfect, the petitioners failed to show that government officials “recklessly failed to act with reasonable care to mitigate the risk COVID-19 presents to lower-risk detainees at Strafford.”

            The court will conduct further proceedings as the matter proceeds to a final conclusion on the merits. 

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University Park, Illinois Man Sentenced To 153 Months Imprisonment

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HAMMOND – Bernard Anthony Graham, age 27, of University Park, Illinois, was sentenced by U.S. District Court Senior Judge James T. Moody upon his plea of guilty to assaulting a federal officer and for discharging a firearm during crime of violence, announced United States Attorney Thomas L. Kirsch, II.

“My Office is dedicated to working with our federal, state and local law enforcement partners to bring offenders like this to justice,” said U.S. Attorney Thomas L. Kirsch II.  “Law enforcement officers put their lives on the line every day to bring criminals to justice.  Their work is extraordinarily dangerous, and we are grateful for it.  A law enforcement officer was shot and multiple lives were affected by reckless criminal actions that won’t be tolerated and will be aggressively prosecuted.”

“The sentence imposed today reflects the seriousness of this crime while also providing closure for the law enforcement community,” commented ATF Special Agent in Charge Kristen deTineo Chicago Field Division. “Each and every day, law enforcement risks their safety while protecting the communities they serve, and we thank the United States Attorney’s office for their continued partnership in the fight against violent criminals.”

According to documents in this case, on June 7, 2018, in Gary, Indiana, the defendant, co-defendant Blake King, and Raymon Truitt pretended to sell guns to customers but they really planned to rob the customers. The defendant’s role in the robbery was to provide security as Raymon Truitt negotiated with the customers and King presented the “buyers” with a bag supposedly containing firearms but actually only contained pots and pans. While this was occurring, Raymon Truitt utilized a firearm to rob the buyers, who were in fact ATF federal law enforcement agents, of $1,550 of United States currency. During this robbery, Truitt and Graham both opened fire on the agents, and an ATF agent was shot, placing his life in jeopardy.

Blake King was previously sentenced to 120 months imprisonment in December 2019.  Raymon Truitt is deceased. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of Lake County High Intensity Drug Trafficking Area officers and agents, the Indiana State Police, and the Lake County Prosecutor’s Office.  The case was prosecuted by Assistant United States Attorneys Thomas McGrath, Thomas Mahoney, and Nicholas Padilla. 

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Former Air Force Employee Facing Federal Indictment for Stealing More Than $774,000 in Government Funds

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Greenbelt, Maryland – A federal grand jury has indicted Eddie Ray Johnson, Jr., age 59, of Brandywine, Maryland, on federal charges of theft of government property and money laundering.  The indictment was returned on July 6, 2020.

The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Lt. General James C. “Jim” Slife of the Air Force Office of Special Investigations (OSI); Special Agent in Charge Robert E. Craig, Jr. of the Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office; and Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service - Criminal Investigation (IRS-CI), Washington, D.C. Field Office.

According to the indictment, from January 2003 to February 2018, Johnson was a civilian Air Force employee, most recently as a travel coordinator in the Secretary of the Air Force, Office of Legislative Liaison, where he planned congressional travel and reviewed and approved accounting packages submitted by trip escorts, among other duties.  The indictment alleges that from March 2014 through September 2017, Johnson used his government-issued travel credit card to obtain more than $1.1 million in cash advances, at least $774,000 of which he diverted to his own personal use.

According to the indictment, Johnson frequently deposited the stolen funds into a non-interest bearing account opened in his name at a bank branch in the Pentagon.  Employees in the Office of Legislative Liaison were instructed to open such accounts so that they could more easily deposit and withdraw government funds for official use without accruing interest.  After depositing the stolen funds, Johnson allegedly wrote checks to himself, which he deposited into his personal bank accounts, as well as expended the money for his personal use.

If convicted, Johnson faces a maximum sentence of 10 years in federal prison for theft of government property and a maximum of 20 years in federal prison for money laundering.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.  An initial appearance in U.S. District Court in Greenbelt has not yet been scheduled.

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

United States Attorney Robert K. Hur commended the Air Force OSI, the DCIS, and the IRS-CI for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Dana J. Brusca and Elizabeth G. Wright, who are prosecuting the case.

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Volga Man Sentenced to Probation for Disturbing Protected Wetlands of the United States

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United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Volga, South Dakota, man convicted of Disturbing Protected Wetlands of the United States on July 6, 2020.

Kevin Jay Mast, age 63, was sentenced to 1 year unsupervised probation, a $100 fine, and $10 to the Federal Crime Victims Fund.  Mast was also ordered to comply with the restoration of the protected wetlands on his land.

Mast was indicted for Disturbing Protected Wetlands of the United States by a federal grand jury on September 6, 2017.  A jury convicted him of the violation on January 18, 2018.  

However, Mast appealed the conviction to the Eighth Circuit Court of Appeals.  The appellate court agreed with Mast, and the case was remanded for trial.  Following a court trial on February 5, 2020, Mast was found guilty on May 21, 2020.

On January 19, 1973, an easement was voluntarily sold to the United States for waterfowl management rights.  The easement prohibited the drainage of any wetland areas on the property.  In 2010, U.S. Fish and  Wildlife notified Mast that his plan to install drain tile conflicted with the protected wetlands and would not be permitted.  Despite the warning, Mast installed the drain tile in the fall of 2013.  Judge Schreier’s verdict concluded that Mast disturbed, injured, and destroyed the wetland areas protected by the easement, and did not have the authority and permission of the United States of America.

This case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.

Jefferson City Business Owner Pleads Guilty to Tax Evasion

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JEFFERSON CITY, Mo. – A Jefferson City, Missouri, business owner pleaded guilty in federal court today to tax evasion after failing to pay taxes on more than $600,000 in income over three years.

Ryan M. Phegley, 39, pleaded guilty before U.S. Magistrate Judge Willie J. Epps Jr., to one count of tax evasion.

Phegley was the owner and operator of Phoenix Freight Lines, Inc., from 2010 to 2014. Phoenix provided truck transportation services, in which it leased trucks, hired drivers, and obtained contracts for transporting goods.

By pleading guilty today, Phegley admitted that he never filed state or federal individual income tax returns or state or federal business income tax returns for Phoenix for the years 2011-2013, despite earning a total of $642,344 in unreported taxable income during those years.

Phegley also admitted that, from January 2011 through April 15, 2012, he willfully attempted to evade income tax owed for the year 2011 by using the Phoenix bank account to pay his personal expenses, such as residential mortgage and utilities, personal vehicles, and remodeling his residence.

Under the terms of today’s plea agreement, Phegley must pay $152,570 in restitution to the Internal Revenue Service and $31,604 to the Missouri Department of Revenue.

Under federal statutes, Phegley is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by IRS-Criminal Investigation.

Jury Convicts KC Man of Illegal Firearm, Meth

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KANSAS CITY, Mo. – A Kansas City, Missouri, man was convicted by a federal jury today of illegally possessing a firearm and methamphetamine.

Anthony E. Myers, 39, was found guilty of being a felon in possession of a firearm and of possessing methamphetamine.

Myers was arrested on April 1, 2018, when Kansas City police officers responded at 1:53 a.m. to a reported disturbance in the 5100 block of E. 24th Street. A witness reported that Myers was walking in the middle of the street when he pulled out a gun and fired into the air. When officers contacted Myers, he initially refused to follow their commands and walked away from the officers. He was taken to the ground as he continued to resist.

After Myers was detained, the officers seized a loaded Taurus Millennium 9mm handgun that was sticking out of the pocket of his Carhartt jacket and a gun holster. A glass pipe with residue fell out of his pocket, and officers found a second glass pipe and a plastic bag that contained almost six grams of methamphetamine in an inside pocket of Myers’s jacket. Investigators viewed a surveillance video that showed Myers in the street, and recovered two shell casings in the middle of the street. The head stamps on the two shell casings matched the head stamps on the two rounds of ammunition in the firearm.

Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition. Myers has prior felony convictions for robbery, domestic assault, and possessing a controlled substance with the intent to distribute.

Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for two hours before returning the guilty verdict to U.S. Chief District Judge Beth Phillips, ending a trial that began Monday, July 6.

Under federal statutes, Myers is subject to a mandatory minimum sentence of 15 years in federal prison without parole for the firearm conviction and up to one year in federal prison without parole for the drug possession. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorneys Emily A. Morgan and Mary Kate Butterfield. It was investigated by the Kansas City, Mo., Police Department, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

Two Charged with Knowingly Selling Stolen Merchandise

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JOHNSTOWN, Pa. - Two residents of Windber and Johnstown, Pa., were indicted by a federal grand jury in Johnstown on charges of conspiracy and interstate transportation of stolen property, United States Attorney Scott W. Brady announced today.

The Indictment named Bradley J. Charlton, 37, of Windber, Pa., and John P. Stuart, 38, of Johnstown, Pa.

According to the Indictment presented to the court, from Aug. 1, 2016, to Oct. 3, 2018, the named defendants conspired with one another, and with others, to commit certain offenses against the United States, that is, to unlawfully transport, transmit and transfer in interstate commerce goods, wares and merchandise knowing the same to have been stolen, converted, and taken by fraud.

It was part of the conspiracy that the defendants operated a retail plea market "Value-It" in Richland Township between 2016 and 2018. It was further part of the conspiracy that customers would bring stolen new merchandise to Value-It for purchase by the defendants. It was further part of the conspiracy that the defendants would purchase the stolen new merchandise, knowing it had been stolen. It was further part of the conspiracy that the stolen merchandise that had been purchased from the customers by Value-It was thereafter sold by Value-It at the store or over the Internet on websites such as Ebay. It was further part of the conspiracy that Value-It would receive monetary payments for the stolen merchandise that had been sold over the Internet.

Assistant U.S. Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, Laurel Highlands Resident Agency, the Cambria County Detective Bureau, and the Richland Township Police Department conducted the investigation leading to the Indictment in this case.

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

Altoona Man Indicted for Receiving and Possessing Images and Videos Showing the Sexual Exploitation of Minors

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JOHNSTOWN, Pa. – On July 7, a resident of Altoona, Pa. was indicted by a federal grand jury in Johnstown on charges of receipt and possession of material depicting the sexual exploitation of minors, United States Attorney Scott W. Brady announced today.

The two-count Indictment named Matthew Michael Walter, 33, as the sole defendant.

According to the Indictment, on or about August 21, 2019 and August 22, 2019, Walter received images of minors engaged in sexually explicit conduct. The Indictment further alleges that on another occasion,Walter knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. All computer graphic files were shipped or transported in interstate or foreign commerce.

The law provides for a maximum total sentence of 30 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.

Homeland Security Investigations conducted the investigation leading to the Indictment in this case.

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

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

Man Indicted by Federal Grand Jury for Attempting to Burn Down Metropolitan Police Department Station

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            WASHINGTON – Jerritt Jeremy Pace, 39, of Washington, D.C., was indicted today by a federal grand jury, charging him with multiple offenses related to his attempt to burn down a police precinct, announced Acting U.S. Attorney Michael R. Sherwin; Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Ashan M. Benedict; and Chief of the Metropolitan Police Department (MPD) Peter Newsham.

            Pace was arrested on May 29, 2020. On June 11, 2020, Pace was charged by Criminal Complaint with receiving an explosive in interstate commerce, using an instrumentality of interstate commerce to threaten the use of explosives, and attempted arson. On June 12, 2020, the Honorable U.S. Magistrate Judge Robin M. Meriweather held Pace without bond pending trial. Today, a federal grand jury returned an Indictment against Pace charging him with three federal arson and explosives offenses.

            The Criminal Complaint and Indictment stem from an incident on or about May 29, 2020, when Pace announced on social media his intent to burn down a police station. Pace encouraged rioting against law enforcement and suggested that his followers go to MPD’s Fourth District Station, located at 6001 Georgia Avenue N.W., Washington, D.C., to burn the station and “riot with the rest of the nation.” That morning, around 6 o’clock, Pace filled a plastic laundry detergent container with gasoline and a wick and ignited it in front of the Fourth District Station. Although the physical building remained unharmed and no one was injured, the container exploded and burned on the sidewalk. Pace was immediately apprehended by an off-duty detective and police officer.

            Both the Criminal Complaint and the Indictment are formal accusations of criminal conduct, not evidence of guilt. A defendant is presumed innocent unless proven guilty.  If convicted, Pace faces a maximum sentence of 10 years in prison for each count, a fine of up to $250,000, and three years of supervised release.

            “While the United States Attorney’s Office for the District of Columbia acknowledges the First Amendment right of individuals to protest peacefully, conduct that poses a grave risk to law enforcement, peaceful protestors, and community members alike will be prosecuted,” said Acting U.S. Attorney Michael R. Sherwin. “The quick investigative efforts of ATF and MPD thwarted a dangerous person’s attempt to use a makeshift gasoline bomb to potentially cause – in addition to property damage – serious bodily harm or death to law enforcement officers and members of our community.”

            “Today’s indictment is a testament to the dedicated investigative work of the ATF/DC Arson & Explosives Task Force, in partnership with the Metropolitan Police Department and DC Fire Department. Swift identification of violent offenders is key to stopping criminal acts that can destroy property, harm people, and take lives,” said ATF Washington Special Agent in Charge Ashan Benedict. “ATF will continue to work closely with our law enforcement partners to ensure the safety of our communities and the officers who serve them.”

            In announcing the Indictment, Acting U.S. Attorney Sherwin, Special Agent in Charge Benedict, and Chief Newsham commended the work of those who investigated the case. Finally, they cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys James B. Nelson and Christopher A. Berridge, Paralegal Specialist Candace Battle, and Legal Assistants Peter Gaboton and Teesha Tobias.

Orange County Man Indicted on Charges that He Stole Boeing Employees’ Identities, Siphoned Money from Their Retirement Plan

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          LOS ANGELES– A federal grand jury today indicted an Orange County man on charges that he fraudulently obtained access to Boeing employees’ retirement accounts and siphoned their money by making hundreds of thousands of dollars’ worth of fraudulent money transfers to himself.

          Hoa Vo, 30, whose aliases include “Hoa Thanh Tran Vo” and “Andy Vo,” of Santa Ana, is charged with three counts of bank fraud and one count of aggravated identity theft.

          According to the indictment, from January 2019 to June 2019, Vo obtained the personal identifying information of Boeing employees, along with information about their retirement accounts, known as Voluntary Investment Plan (VIP) accounts. Vo then allegedly made fraudulent withdrawal requests for checks and electronic money transfers totaling hundreds of thousands of dollars from the VIP accounts of various Boeing employees.

          Knowing that notifications and checks related to these fraudulent requests would be mailed out, Vo placed holds on the Boeing employees’ mail with the United States Postal Service, the indictment further alleges. Once the mail was held, Vo allegedly intercepted the mail by presenting to a postal employee a fraudulent California driver’s license with a Boeing employee’s personal identifying information, and a fraudulent note purportedly written or signed by the Boeing employee authorizing Vo to pick up the employee’s mail.

          Vo allegedly then deposited the stolen checks into a bank account that had been fraudulently opened in a Boeing employee’s name. Vo also cashed checks written to himself from the fraudulently opened bank account by using the Boeing employee’s forged signature, and endorsed the checks himself, according to the indictment.

          In total, Vo attempted to obtain approximately $783,328 from Boeing employees’ VIP accounts, and actually obtained approximately $360,847, the indictment alleges.

          An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

          If convicted of all charges, Vo would face a statutory maximum sentence of 92 years in federal prison.

          This matter was investigated by the United States Secret Service, the Huntington Beach Police Department, the Irvine Police Department, and the Westminster Police Department.

          This case is being prosecuted by Assistant United States Attorney Daniel S. Lim of the Santa Ana Branch Office.


Middlesex County Man Charged with Stealing and Altering U.S. Treasury Check

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NEWARK, N.J. – A Middlesex County, New Jersey, man has been charged with bank fraud, theft, and identity theft U.S. Attorney Craig Carpenito announced today.

Bernard Lopez, 40, of Sayreville, New Jersey, is charged by complaint with one count of bank fraud, one count of theft of government funds, and one count of aggravated identity theft. He was arrested on July 6, 2020, appeared today by teleconference before U.S. Magistrate Judge Lauren F. Louis in the Southern District of Florida, and is expected to appear by videoconference before U.S. Magistrate Judge Leda Dunn Wettre later this week.

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

On Oct. 5, 2019, Lopez used a victim’s Social Security number and business documents pertaining to a sham business that he had created to open a fraudulent bank account in that business’ name.  Lopez then fraudulently obtained a U.S. Treasury check, which was fraudulently altered to be made payable to the sham business in the amount of $211,887 and deposited it into the account. Lopez then either withdraw or transfer the stolen proceeds from the fraudulent business bank account before anyone could detect the fraud.

The bank fraud charge carries a maximum penalty of 30 years in prison and a fine of the greatest of $1 million or twice the gain derived from, or loss caused by, the offense. The theft of government funds charge carries a maximum penalty of 10 years in prison and a fine of the greatest of $250,000 or twice the gain derived from, or loss caused by, the offense. The aggravated identity theft charge carries a mandatory term of imprisonment of two years, which must run consecutively to any other term of imprisonment imposed.

U.S. Attorney Carpenito credited special agents and task force officers of the U.S. Department of the Treasury-Office of Inspector General, under the direction of Assistant Inspector General for Investigations Sally D. Luttrell, with the investigation leading to the charges. He also thanked the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, for assistance in the investigation.

The government is represented by Assistant U.S. Attorney Perry Farhat of the Government Fraud 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 defendant is presumed innocent unless and until proven guilty.

Montana Psychiatrist Sentenced for Unlawful Possession of an Opioid

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Helena—A Montana psychiatrist who admitted to unlawfully prescribing and abusing an opioid was sentenced today to five years of probation and ordered to pay a fine of $4,000, U.S. Attorney Kurt Alme said.  In addition, as part of his sentence the psychiatrist cannot prescribe any controlled substance during his five years of probation. 

Richard E. Mitchell, 35, pleaded guilty in March to unlawful possession of a controlled substance. 

U.S. District Judge Sam E. Haddon presided. 

In court documents filed in the case, the prosecution said that Mitchell is a physician who was previously employed as a psychiatrist at the VA Medical Center at Fort Harrison near Helena.  On April 24, 2019, Mitchell wrote a prescription for Norco, which contains the opioid Hydrocodone and is a controlled substance, for a woman who was not a patient of the VA Medical Center.  Mitchell was with the woman at the pharmacy when she filled the prescription, where the pharmacist recognized Mitchell and noted his unusual behavior.  After obtaining the prescription, Mitchell and the woman later crushed some of the opioid pills and snorted them. 

Law enforcement was notified by the pharmacist who filled the opioid prescription of Mitchell’s erratic behavior while at the pharmacy.  When questioned by law enforcement, Mitchell admitted that he was in a romantic relationship with the woman and that they had crushed and snorted some pills containing Hydrocodone. 

Assistant U.S. Attorney Michael A. Kakuk and former Assistant U.S. Attorney Megan Dishong prosecuted the case, which was investigated by the Department of Veterans Affairs and the Drug Enforcement Administration. 

Department of Justice Awards $2.2 Million for Innovative Community Policing Projects

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NEWARK, N.J. – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. 

In the District of New Jersey, the state Department of Law and Public Safety is receiving a $34,350 grant for its Officer Safety and Wellness Program and Howell Township is receiving a $93,357 grant for its Youth Engagement Program.

“These funds will provide additional resources for the development of policing strategies that will improve the way law enforcement interacts with the people they are sworn to protect,” U.S. Attorney Carpenito said. “This comes at a crucial time, as we work to refine and enhance community policing strategies.”

“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” Director Keith said. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”

CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:

  • Human Trafficking
  • Meeting Rural Law Enforcement Challenges
  • Officer Safety and Wellness
  • Recruitment, Hiring, and Retention
  • School Safety
  • Staffing and Allocation Studies
  • Victim-Centered Approaches
  • Violent Crime
  • Youth Engagement

Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.

The complete list of awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

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.

Woman from Farmington, New Mexico sentenced to 110 months in federal prison for running over federal officer

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           ALBUQUERQUE, N.M. – Nakrista Saiz, 33, of Farmington, New Mexico was sentenced in federal court in Albuquerque today to 110 months in prison for assault on a federal officer involving use of a deadly weapon and infliction of bodily injury.

           According to Saiz’s plea agreement, she committed these offenses on Aug. 27, 2018 in San Juan County, New Mexico. Saiz was driving a car with her husband in the passenger seat.  Deputies from the U.S. Marshals Service and San Juan County Sheriff’s Office tried to pull her car over to arrest her and her husband on warrants.  The deputies got out of their car, drew their guns and ordered Saiz and her husband to get out of their vehicle. Saiz disobeyed the deputies’ orders and assaulted the deputies.  She rammed their car head-on and ran over the deputy marshal’s leg while trying to drive away.  The deputy needed treatment at the hospital for his injuries, including knee and back pain, scratches and sore ribs.  

           Saiz must also serve a three-year supervised release term after completing her sentence. 

           The United States Marshal Service and San Juan County Sheriff’s Office investigated this case. Assistant U.S. Attorney Sammy Hurtado prosecuted the case.

Navajo woman sentenced to 33 months in federal prison for conspiracy to distribute heroin in Indian Country

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           ALBUQUERQUE, N.M. – Savannah Secatero, 37, of Alamo, New Mexico was sentenced today in federal court in Albuquerque to 33 months in prison followed by 3 years of supervised release for conspiracy to distribute heroin.

          Secatero previously pled guilty to this offense on Dec. 11, 2019.  According to her plea agreement, Secatero admitted receiving weekly shipments of heroin at her home on the Navajo Nation Alamo Reservation from August to December 2017.  Secatero sold the heroin locally.  On Dec. 18, 2017, Secatero possessed a handgun, drug ledger, and drug packaging at her residence while waiting for more heroin to arrive. 

          The Federal Bureau of Investigation and the Navajo Nation Police Department investigated this case.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

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