PENSACOLA, FLORIDA– United States Attorney Lawrence Keefe, of the Northern District of Florida, yesterday announced that Pensacola resident Howell E. Camp, 58, pled guilty to carrying a concealed firearm and possession of firearms on federal property, stemming from a May 6 incident at the Department of Veterans Affairs (VA) Joint Ambulatory Care Clinic in Pensacola. Camp admitted that he illegally possessed a 5.56 millimeter Del-Ton Incorporated rifle and a 9 millimeter Smith & Wesson pistol while at the federal facility. 

Camp admitted that he became agitated while waiting for a prescription to be filled by the clinic, and left the federal facility to retrieve multiple firearms from his residence. When he returned, Camp approached the clinic doors armed with his rifle, which was loaded with 20 rounds, including one in the chamber.  He was stopped at gunpoint by Veterans Affairs Police officers and taken into custody. The officers found a concealed Smith & Wesson pistol in Camp’s waistband.

“Tragedy was averted thanks to the diligence and professionalism of the VA Police officers on duty that day,” said U.S. Attorney Keefe. “We and our law enforcement partners are deeply committed to stopping gun violence and protecting federal facilities and the people who work and visit them. Veterans clinics are there to serve the brave men and women who have given so much to serve our nation, and those officers were truly heroes that day.”

Assistant United States Attorney David L. Goldberg is prosecuting the case following a joint investigation by the United States Department of Veterans Affairs Office of the Inspector General (VA OIG) joined by the Federal Bureau of Investigation and the Florida Department of Law Enforcement (FDLE).

 “The VA Police officers on scene deserve the highest praise.  They showed tremendous restraint, protected the public, and even protected Howard Camp. Because of their actions, lives were saved,” said Jack Massey, FDLE Pensacola Special Agent in Charge.  “FDLE will continue working closely with our federal partners doing all we can to protect our community.”

“Camp’s dangerous actions risked the safety and well-being of veterans and VA employees,” said David Spilker, VA OIG Special Agent in Charge. “VA OIG is steadfast in ensuring that VA facilities remain a safe environment for veterans and their families to seek healthcare services and we will work with our law enforcement partners to hold accountable anyone who attempts to commit acts of violence or intimidation at VA facilities.  I commend the swift and heroic actions of the VA Police officers, who prevented a potentially deadly outcome in this case."

Camp faces up to six years’ imprisonment following his guilty plea. As a convicted felon, he will be prohibited from possessing firearms in the future. His sentencing has been scheduled for October 29, 2020 at the United States Courthouse in Pensacola.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website.  For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Press Release - Howard Camp

John H. Durham, United States Attorney for the District of Connecticut, announced that GARY W. BORNMAN, 58, of New Haven, waived his right to be indicted and pleaded guilty today to two counts of bank robbery and admitted that he violated the conditions of his supervised release from a prior federal case.

Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the guilty plea proceeding occurred via videoconference.

According to court documents and statements made in court, on October 29, 2019, Bornman drove a female accomplice to the Citizens Bank located at 430 Foxon Boulevard in East Haven.  While Bornman waited outside, his accomplice entered the bank wearing a disguise and a red wig, approached a teller, and demanded money.  The teller handed over approximately $1,003.

On January 27, 2020, Bornman drove a male accomplice to the People’s United Bank located at 20 Main Street in East Windsor.  While Bornman waited outside, his accomplice entered the bank, approached a teller and showed a note demanding money.  The teller hand over approximately $1,056.  Bornman’s car was captured on surveillance video from a nearby business.

In June 2001, Bornman was sentenced in Hartford federal court to 235 months of imprisonment, followed by five years of supervised release, for bank robbery and firearm possession offenses.  He was released from prison in October 2018.

Bornman has been detained since February 12, 2020, when he was arrested for violating his supervised release.

Bornman is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny on October 27, 2020, at which time he faces a maximum term of imprisonment of 40 years on the bank robbery offenses, and additional penalties for violating the conditions of his supervised release.

This investigation is being conducted by the Federal Bureau of Investigation, U.S. Marshals Service, East Haven Police Department and Windsor Locks Police Department.  The case is being prosecuted by Assistant U.S. Attorney Anastasia E. King.

PITTSBURGH – Sunday, July 26, 2020, marked the 30th Anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.

"The ADA has improved the lives of millions of Americans by ensuring that individuals with disabilities are afforded equal access and opportunity," said U.S. Attorney Scott Brady. "Our office remains committed to investigating complaints, removing barriers and safeguarding the civil rights of all of our citizens, including those protected by the ADA."

The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.

Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.

For more information about the 30th Anniversary of the ADA, please visit https://www.ada.gov/30th_anniversary/index.html. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY). To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/.

In January 2020, U.S. Attorney Brady named Assistant U.S. Attorneys Eric G. Olshan and Haley Warden-Rodgers as co-coordinators of the office’s Civil Rights efforts. Either can be reached through the office’s main number: (412) 644-3500 or by emailing usapaw.civilrights@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.

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Adrian Grier, 44, of Jackson, Georgia, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between October 2017 and December 7, 2018, the defendant conspired with 11 others to sell cocaine. One of Grier’s co-defendants brokered bulk quantity cocaine to multiple areas in the country including Buffalo, Kentucky, and Georgia. Numerous court authorized communications were intercepted between the defendant and others. On two occasions, Grier coordinated trips to Kentucky to acquire kilograms of cocaine. The defendant was intercepted discussing future plans to increase the quantity of cocaine he could obtain in Georgia.

Of the 12 defendants charged in this case, Grier is the second to be convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.  

The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard. Additional assistance was provided by HSI-Louisville; the Kentucky State Police; the Louisville Metro Police; and the Greater Hardin County Drug Task Force.

Sentencing is scheduled for January 6, 2021, before Judge Sinatra.

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LAFAYETTE, La. – United States Attorney David C. Joseph announced that Kaenon A. Constantin, 28, was sentenced on July 30, 2020, to five years of probation for killing and transporting a federally protected and endangered whooping crane.   During his period of probation, Constantin must complete 360 hours of community service related to wildlife conservation. As part of the sentence, Constantin’s hunting privileges have been suspended until he completes the community service. United States Magistrate Judge Hanna also ordered Constantin to pay a $10,000 fine and to pay $75,000 in restitution to the Louisiana Department of Wildlife and Fisheries (LDWF).

In November 2019, Constantin was named in a federal bill of information for violating the Lacey Act in May 2016. Specifically, on May 20, 2016, Constantin and a juvenile, using .22 caliber rifles, shot at a pair of whooping cranes located in a field within Acadia Parish, Louisiana. One of the cranes, identified as L5-15, fell dead in the field, and Constantin and his accomplice retrieved its carcass. The other crane, identified as L3-15, flew too far north into another field so that it could not be retrieved, but investigators later recovered its carcass.

After retrieving L5-15’s carcass, they noticed that it had transponders on its legs and received information that the bird was a whooping crane. Constantin and the juvenile transported the carcass to the juvenile’s residence, where they severed the legs from L5-15’s carcass by using a knife and removed the transponders. They then transported the knife, carcass, severed legs, and transponders along a nearby road and discarded the evidence. When initially approached by investigators shortly after the crime, Constantin lied about his involvement, causing the investigation to continue for nearly two more years before he finally confessed in April 2018.

The Lacey Act is a comprehensive federal law that protects against wildlife crimes, such as international and domestic wildlife trafficking. The Act prohibits, among other actions, a person from knowingly transporting wildlife, when in the exercise of due care the person should have known that the wildlife was taken or possessed in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation of the United States. Whooping cranes are a federally protected species under federal laws and regulations, including the Endangered Species Act. They are large birds, standing nearly five feet tall and with wingspans of 7.5 feet.

United States Fish and Wildlife Service Acting Special Agent in Charge Stephen Clark stated, “We take our mission partnering with the Louisiana Department of Wildlife and Fisheries in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously. The U.S. Fish and Wildlife Service, Office of Law Enforcement, considers the illegal taking of protected wildlife species a high priority, and we will continue to work closely with our state agencies to assist them in these important joint investigations."

“Our agents take any investigation of illegally shooting whooping cranes very seriously. Chief of LDWF Enforcement Col. Chad Hebert and I applaud the judge in this case for imposing severe monetary punishments to help deter anyone from this behavior,” said LDWF Secretary Jack Montoucet. “The Louisiana Department of Wildlife and Fisheries has spent a lot of resources in an effort to bring back the native whooping crane to a sustainable population, and senseless shootings like this case make that mission much more problematic.”

The United States Fish & Wildlife Service and the Louisiana Department of Wildlife and Fisheries conducted the investigation.  Assistant U.S. Attorney Danny Siefker prosecuted the case.

# # #

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.

DAYTON – A Butler County man pleaded guilty in U.S. District Court today to making a false statement in connection with the acquisition of the firearm used in killing Dayton Police Detective and DEA Task Force Officer Jorge DelRio on Nov. 4, 2019, during the execution of a search warrant on Ruskin Road in Dayton.

Delano Wells, 50, of Trenton, was charged by criminal complaint on Nov. 5, 2019, with making false statements on a federal firearms form.

According to court documents, three firearms were recovered from the scene on Ruskin Road on Nov. 4: two pistols with extended magazines and an AR-style weapon.

ATF was called to assist with tracing the three firearms and an urgent trace was requested for all three firearms recovered in the shooting.

Wells purchased all three firearms recovered from the scene, and at least six others in August and September 2019.

As part of his plea, Wells admitted that he purchased firearms on behalf of another individual, which had been selected by the other individual. Once Wells purchased the firearms, he would provide them to the other individual.

Wells lied on ATF Form 4473 by indicating “yes” he was purchasing the firearm for himself and not for anyone else. In reality, he purchased the firearms on behalf of another individual.

Wells faces up to 10 years in prison. Sentencing is scheduled for 1:30pm on November 13.

David M. DeVillers, U.S. Attorney for the Southern District of Ohio; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Dayton Police Chief Richard S. Biehl; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Chris Hoffman, Special in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Montgomery County Prosecutor Mathias H. Heck, Jr. announced the plea entered into today before Senior U.S. District Judge Thomas M. Rose. Assistant United States Attorneys Andrew J. Hunt and Amy M. Smith are representing the United States in this case.

# # #

The Office of the United States Attorney for the District of Vermont stated that on July 29, 2020, United States District Judge Christina Reiss sentenced Rory Jackson, 36, of Queens, New York to 18 months in prison for possession with intent to distribute fentanyl, to be followed by five years of supervised release. Before sentencing Jackson, Judge Reiss, earlier this year, also sentenced his co-defendants Rachael Gauthier, of Brattleboro, Vermont; Jocelyn Pond, of West Brattleboro, Vermont; and Justine Pond, of Putney Vermont, all for distribution of fentanyl; and Sarah Cassell, of Brattleboro, Vermont, for distribution of heroin. Gauthier was sentenced to one year and one day in prison. Jocelyn Pond was sentenced to time served. Justine Pond was sentenced to 5 years’ probation, and Sarah Cassell was sentenced to time served.

All five defendants were arrested in connection with the April 10, 2019 search of 48 Central Street in Brattleboro, and as part of a multi-agency, multi-jurisdictional law enforcement effort that focused on drug trafficking in the Brattleboro area. The Drug Enforcement Administration and the Vermont Drug Task Force provided crucial investigative assistance in this five-defendant case. In addition, the April 2019 enforcement surge in the Brattleboro area involved the participation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Department of Homeland Security - Homeland Security Investigations; the Federal Bureau of Investigation; the United States Marshals Service; the Brattleboro Police Department; the Vermont State Police; CBP Air/Marine Unit; and New Hampshire Drug Task Force.

U.S. Attorney Christina E. Nolan commended the inter-agency cooperation underlying this case and the broader Brattleboro enforcement effort. “Our office continues to prioritize the prosecution of trafficking of deadly narcotics in our Vermont communities, and appreciate the hard work of our law enforcement partners.”

The United States was represented in this matter by Assistant U.S. Attorneys Nicole Cate and Nikolas Kerest. Jackson was represented by Richard Bothfeld, Esq. Gauthier was represented by David Watts, Esq. Jocelyn Pond was represented by Katina Ready, Esq. Justine Pond was represented by Thomas Sherrer, Esq. Sarah Cassell was represented by Heather Ross, Esq.

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

SENTENCING – ZODERICK JACKSON

On July 20, Zoderick Jackson, 50, was sentenced to five and a half years for possession with the intent to distribute a cocaine base. Jackson package crack cocaine into eleven small baggies. He met two confidential sources at his home in Greenville, Texas where he sold the bags of crack cocaine. The Drug Enforcement Administration and Hunt Count Sheriff’s Office conducted this investigation. Assistant U.S. Attorney Suzanna Etessam is prosecuting the case.

SENTENCING – HERNAN ORDUNA

On July 22, Hernan Orduna, 25, was sentenced to 46 months for conspiracy to acquire a firearm from a licensed dealer by a false and fictitious statement. On two separate occasions, Orduna purchased a 9mm Glock and a Ruger AR556 from an Irving, Texas licensed firearms dealer by falsely answering the ATF’s Firearms Transaction Record. Following the sale of the firearms, Orduna transferred the firearms to a 17-year drug dealer. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Irving Police Department conducted this investigation. Assistant U.S. Attorney Walt Junker is prosecuting the case.

SENTENCING – CARLOS ACOSTA-ENRIQUEZ

On July 24, Carlos Acosta-Enriquez, 35, was sentenced to six and a half years for conspiracy to possess with the intent to distribute cocaine. Texas Department of Public Safety troopers stopped Aocsta-Enriquez for a traffic related violation. During the stop, officers searched Aocsta-Enriquez’s vehicle and located six-kilograms of cocaine inside the car. Federal agents also searched Aocsta-Enriquez’s home and recovered $18,604.00 in drug proceeds, digital scales, and a drug ledger. The Drug Enforcement Administration conducted this investigation. Assistant U.S. Attorney Suzanna Etessam is prosecuting the case.

CHARGED – OSWALD AGUILERA-ADAME, JUAN JOSE CAMACHO, & MIGUEL ANGEL MARTINEZ-SERGURA*

On July 21, a federal grand jury indicted Oswald Aguilera-Adame, 28, Juan Jose Camacho, 35, and Migel Angel Martinez-Sergura, 53, for conspiracy to possess with the intent to distribute a controlled substance, possessing a firearm in furtherance of drug trafficking, and aiding and abetting possession with the intent to distribute. The defendants allegedly trafficked 500 or more grams of methamphetamine throughout the Northern District. During the defendants’ arrest, law enforcement seized a .380 caliber firearm and approximately $180,000 of drug proceeds. The defendants face up to life years in federal prison. The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney John Kull.

CHARGED – DEVIONN HOLMES*

On July 21, a federal grand jury indicted Devionn Holmes, 24, for bank robbery. Holmes allegedly robbed a bank in Carrollton a by force and intimidation while in the presence of bank employees. The defendant face up to 20 years in federal prison. The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Joe Magliolo.

*All defendants are presumed innocent unless and until proven guilty in a court of law.

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.

SAN FRANCISCO - Three individuals have been accused today for their alleged roles in the Twitter hack that occurred on July 15, 2020.

The announcement was made by United States Attorney David L. Anderson; Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division; FBI Special Agent in Charge John L. Bennett; Kelly R. Jackson, IRS Criminal Investigation, Special Agent in Charge of the Washington D.C. Field Office; U.S. Secret Service Special Agent in Charge of the San Francisco Field Office Thomas Edwards and U.S. Secret Service Special Agent in Charge of the Orlando Field Office Caroline O’Brien Buster.  Additional facts regarding the investigation and charges can be found here: https://youtu.be/z80K3-q3Kqg

Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United Kingdom, was charged in a criminal complaint in the Northern District of California with conspiracy to commit wire fraud, conspiracy to commit money laundering, and the intentional access of a protected computer.

Nima Fazeli, aka “Rolex,” 22, of Orlando, Florida, was charged in a criminal complaint in the Northern District of California with aiding and abetting the intentional access of a protected computer.

The third defendant is a juvenile who will not be further identified.  With exceptions that do not apply to this case, juvenile proceedings in federal court are sealed to protect the identity of the juvenile.  Pursuant to the Federal Juvenile Delinquency Act, the Justice Department has referred the individual to Andrew Warren, the State Attorney for the 13th Judicial District in Tampa, Florida.

“There is a false belief within the criminal hacker community that attacks like the Twitter hack can be perpetrated anonymously and without consequence,” said U.S. Attorney Anderson.  “Today’s charging announcement demonstrates that the elation of nefarious hacking into a secure environment for fun or profit will be short-lived.  Criminal conduct over the Internet may feel stealthy to the people who perpetrate it, but there is nothing stealthy about it.  In particular, I want to say to would-be offenders, break the law, and we will find you.”

“The rapid investigation leading to these charges is a testament to the expertise of our investigators and the close relationships they have built with law enforcement throughout the world,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.

“Upon opening an investigation into this attack, our investigators worked quickly to determine who was responsible and to locate those individuals," said FBI Special Agent in Charge Bennett. “While investigations into cyber breaches can sometimes take years, our investigators were able to bring these hackers into custody in a matter of weeks. Regardless of how long it takes us to identify hackers, we will follow the evidence to where it leads us and ultimately hold those responsible for cyber intrusions accountable for their actions. Cyber criminals will not find sanctuary behind their keyboards.”

“Weeks ago, one of the world’s most prolific social media platforms came under attack.  Various political leaders, celebrities, and influencers were virtually held hostage as their accounts were hacked,” said Kelly R. Jackson, IRS Criminal Investigation Special Agent in Charge of the Washington D.C. Field Office.  “The public was confused, and everyone wanted answers.  We can now start answering those questions thanks to the work of IRS-CI cyber-crime experts and our law enforcement partners. Washington DC Field Office Cyber Crimes Unit analyzed the blockchain and de-anonymized bitcoin transactions allowing for the identification of two different hackers. This case serves as a great example of how following the money, international collaboration, and public-private partnerships can work to successfully take down a perceived anonymous criminal enterprise. Regardless of the illicit scheme, and whether the proceeds are virtual or tangible, IRS-CI will continue to follow the money and unravel complex financial transactions.”

“Today’s announcement proves that cybercriminals can no longer hide behind perceived global anonymity,” said Thomas Edwards, Special Agent in Charge, United States Secret Service, San Francisco Field Office. “The Secret Service remains committed to pursuing those responsible for cyber-enabled fraud and will continue to hold cyber criminals accountable for their actions.  This investigation is a testament to the strong partnerships between the Secret Service, the U.S. Attorney’s Office, the FBI, the IRS, as well as our state, local and international law enforcement partners.” 

“Our identities and reputations are sacred. We will continue to aggressively defend and protect individuals, companies, and other entities from new-age cyber-fraud, especially those who scheme to hack, defraud and wreak havoc on U.S. citizens across the country,” said Caroline O’Brien Buster, Special Agent in Charge, United States Secret Service, Orlando Field Office. “The Secret Service believes that building trusted partnerships between the private sector and all levels of law enforcement is the proven model for success. I commend the exceptional work conducted by our law enforcement partners and the U.S. Attorney’s Office who worked diligently to hold these defendants accountable.”

As alleged in the complaints, the Twitter attack consisted of a combination of technical breaches and social engineering.  The result of the Twitter hack was the compromise of approximately 130 Twitter accounts pertaining to politicians, celebrities, and musicians. 

The hackers are alleged to have created a scam bitcoin account, to have hacked into Twitter VIP accounts, to have sent solicitations from the Twitter VIP accounts with a false promise to double any bitcoin deposits made to the scam account, and then to have stolen the bitcoin that victims deposited into the scam account.  As alleged in the complaints, the scam bitcoin account received more than 400 transfers worth more than $100,000.  

The defendants are alleged to have victimized the Twitter VIP users whose accounts were hacked.  The defendants are alleged to have victimized the people who sent bitcoin in response to the scam solicitations.  

This case is being investigated by the FBI’s San Francisco Division, with assistance from the IRS-Criminal Investigation Cyber Unit; the U.S. Secret Service, San Francisco and Headquarters; the Santa Clara County Sheriff’s Office and their REACT task force; Chainalysis; Excygent; and the Florida Department of Law Enforcement

The case is being prosecuted by Assistant United States Attorneys William Frentzen and Andrew Dawson of the Northern District of California and Adrienne Rose and James Yoon of the Criminal Division’s Computer Crime and Intellectual Property Section.

Additional assistance has been provided by the U.S. Attorney’s Office for the Middle District of Florida; the State Attorney for the 13th Judicial District in Tampa, Florida; the Criminal Division’s Office of International Affairs and Organized Crime and Gang Section; and the United Kingdom’s Central Authority and National Crime Agency.

The allegations of a criminal complaint are merely allegations, and the defendants are presumed innocent unless or until the allegations against them are proved beyond any reasonable doubt.
 

The Department of Justice’s Civil Rights Division and the United States Attorney’s Office for the Northern District of Ohio announced today a settlement agreement with the Toledo Public Schools to address and prevent discriminatory discipline of students based on race or disability and to require appropriate language services for limited English proficient (LEP) parents on matters essential to their children’s education. 

The agreement follows a federal civil rights investigation into complaints of discriminatory treatment of African-American students and students with disabilities in school suspensions, expulsions, and referrals to law enforcement agencies.  The Department also investigated allegations concerning the district’s communications with parents and guardians with language barriers.  The school district cooperated fully throughout the investigation, which was conducted under Title IV of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act (ADA), and the Equal Educational Opportunities Act of 1974. 

“Discrimination against students because of their race or disability has no place in our country’s public schools,” said Assistant Attorney General Eric Dreiband.  “A student’s race or disability should never mean receiving harsher punishment in school.  Such practices are unfair and unlawful, and they deny students equal access to the educational opportunities that are critical to success in school and beyond.  We look forward to continuing to work with the Toledo Public Schools to implement this settlement and fulfill its promise of equal treatment for all of the district’s students.” 

“Federal law does not allow schools to discipline students because of their race or disability or to deny access to essential school-related information to parents and guardians with language barriers,” said Justin Herdman, the U.S. Attorney for the Northern District of Ohio.  “We applaud the district for its cooperation during our investigation and for its commitment to ensure that students are not denied learning opportunities because of their race, disability, or national origin.  We look forward to working cooperatively with Toledo Public Schools to implement this agreement, as the district puts in place behavioral supports and services to increase opportunities for student learning.”

Under the settlement agreement, the district will take proactive steps to ensure its discipline practices do not discriminate against students based on race or disability.  The district will, among other things, regularly review how schools handle discipline incidents to ensure non-discriminatory treatment, expand its use of positive behavior supports, and provide appropriate training and resources to help schools implement the agreement, including training for teachers, administrators, and school safety officers.  In addition, for parents and guardians with language barriers, the district will ensure it communicates essential school-related information in a language that they understand so their children can access the district’s instructional programs.

This month marks the 30th anniversary of the ADA.  Enforcement of Title II of the ADA in schools, Title IV of the Civil Rights Act, and the Equal Educational Opportunities Act are top priorities of the Civil Rights Division of the Justice Department. 

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.

Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/

Click here to view the agreement.

ELKINS, WEST VIRGINIA – Eric Allen Harris, of Beverly, West Virginia, was sentenced today to 36 months incarceration for a drug distribution charge, U.S. Attorney Bill Powell announced.

Harris, age 40, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” in June 2019. Harris admitted to distributing methamphetamine, also known as “ice,” in September 2018 in Randolph County.

Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Region Drug & Violent Crime Task Force investigated. 

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

U.S. District Judge Thomas S. Kleeh presided.

CLARKSBURG, WEST VIRGINIA – Matthew Scott Collins, of Stonewood, West Virginia, was sentenced today to 84 months incarceration for a firearms charges, U.S. Attorney Bill Powell announced.

Collins, age 37, pled guilty to one count of “Possession of Stolen Firearm” in January 2020. Collins admitted to having a .22 caliber rifle, a 9mm pistol, and a .223 caliber rifle in Barbour County in July 2018. All three firearms are stolen. 

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

U.S. District Judge Thomas S. Kleeh presided.

NEWARK, N.J. – A federal grand jury today indicted a Union County, New Jersey, man for persuading, inducing and enticing numerous female victims to travel in interstate or foreign commerce to engage in prostitution and other sexual acts, often by use of force, violence and threats, U.S. Attorney Craig Carpenito announced.

Jose Torres, 42, of Elizabeth, New Jersey, was charged today in a superseding indictment with four counts of coercion and enticement. Torres was originally charged in February 2020 with two counts of coercing and enticing and on May 29, 2020, he was indicted on a third count involving another victim. Today’s indictment adds a fourth victim. Torres will be arraigned at a later date.

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

From May 2015 to October 2019, Torres persuaded, induced and enticed female victims, often commercial sex workers, to travel from various out of state locations, including Canada, New York, and Pennsylvania, in order to engage in prostitution with him. In each instance, Torres lured a female victim to New Jersey with promises of large payments. In three of the charged instances, when the victim asked for payment, Torres became aggressive, often assaulting and raping her. Torres never paid the women for their services.

The two most recently charged counts allege that in December 2015, Torres lured Victim-4 to travel from Pennsylvania to New Jersey on promises of large sums of payment.  In May 2018 Torres lured Victim-3 to travel from New York City to New Jersey on promises of large sums of payment. Once Victim-3 arrived, she began to feel uncomfortable. Torres threatened Victim-3, telling her it was in her best interest to remain in the hotel room. Victim-3 remained in the room and Torres then forced her to engage in unwanted sexual activity, including having sexual intercourse without a condom.

The coercion and enticement charges each carry a maximum term of 20 years in prison and a $250,000 fine.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; special agents of the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) under the direction of Special Agent in Charge Jason Molina in Newark; and the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone, with the investigation leading to today’s superseding indictment.

The government is represented by Assistant U.S. Attorney Emma Spiro of the U.S. Attorney’s Office Violent Crimes Unit in Newark.

The charges and allegations in the superseding indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

CHICAGO — The owner of several Illinois nursing homes has been indicted by a federal grand jury for allegedly skimming money from federally insured facilities that had defaulted on mortgage loans to pay expenses of a non-federally insured facility.

MARK YAMPOL, 57, of St. Louis, Mo., is charged with one count of equity skimming, according to an indictment returned Wednesday in U.S. District Court in Chicago.  The charge is punishable by up to five years in federal prison.  A date for arraignment has not yet been set.

According to the indictment, Yampol controlled a portfolio of nursing homes in Illinois, including homes in the Chicago suburbs of Northbrook and St. Charles.  The U.S. Department of Housing and Urban Development insured the mortgage loans made by private lending institutions to all but one of Yampol’s nursing homes.  By March 1, 2015, the HUD-insured facilities had not made timely mortgage payments and were in default of their loans.  From May 2015 to August 2015, Yampol diverted approximately $1.1 million in funds derived from the HUD-insured facilities, which remained in default on their loans, to pay the mortgage and operating expenses of the non-HUD-insured facility, the indictment states.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Rae Oliver Davis, Inspector General of the U.S. Department of Housing and Urban Development.  The government is represented by Assistant U.S. Attorneys Devlin Su and Kathryn Malizia.

 “We would like to acknowledge our partners at the U. S. Attorney’s Office, who have worked tirelessly to bring this case forward,” said Inspector General Davis.  “The alleged diversion of funds is not only significant in its own right but played a significant role in one of the largest insured claims involving HUD’s Section 232 mortgage insurance program for elderly and disabled residents.  This office remains steadfastly committed to ensuring the integrity of HUD programs and particularly those designed to assist vulnerable populations.”

The public is reminded that an indictment is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

KANSAS CITY, Mo. – A Kansas City, Missouri, man was charged in federal court today for illegally possessing a firearm that was found in his vehicle along with his infant son.

Gary Dorch, 26, was charged with one count of being a felon in possession of a firearm in a criminal complaint filed in the U.S. District Court in Kansas City, Mo.

This Glock pistol and high capacity magazine were seized by federal agents.

Today’s complaint alleges that Dorch was in possession of a Glock .40-caliber pistol on Monday, July 27.

According to an affidavit filed in support of today’s criminal complaint, Dorch was wanted on a federal warrant for violating the terms of his supervised release. Dorch was on federal supervised release following his incarceration for illegally possessing a firearm. Dorch participated in an armed robbery of a Public Storage business in December 2013 and was the passenger in a vehicle that attempted to flee from police officers after the robbery, until it caused a collision with another vehicle. Dorch was released from prison in October 2019 after serving a five-year sentence.

Federal agents saw Dorch and his girlfriend, in separate cars, drive into the Avis Car Rental parking lot at 3412 Main St., Kansas City, Mo., on Monday, July 27. Dorch, who was driving a Nissan Altima, stayed in his vehicle while his girlfriend parked her car and went inside the business.

Deputies from the U.S. Marshals Service and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives approached the Nissan to arrest Dorch on the outstanding warrant. During the arrest, they saw the loaded Glock pistol on the driver’s side floorboard. Dorch was the only adult occupant of the vehicle; his 18-month-old son was in the back seat.

Agents also searched the Toyota Corolla that Dorch’s girlfriend was returning to Avis. They found a high capacity drum magazine with 33 rounds of .40-caliber ammunition in the glove box of the Toyota.

Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Dorch has a prior federal felony conviction for possessing a firearm in furtherance of a crime of violence.

The charge contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Operation LeGend
Operation LeGend is a federal partnership with local law enforcement to address the increase in homicides and violent crime in Kansas City, Mo., in 2020. The operation honors the memory of four-year-old LeGend Taliferro, one of the youngest fatalities during a record-breaking year of homicides and shootings. Additional federal agents were assigned to the operation from the FBI, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.

Assistant U.S. Attorney Matthew J. Sutton (619) 546-8941

NEWS RELEASE SUMMARY - July 31, 2020

SAN DIEGO – The alleged leader of a prolific maritime alien smuggling ring, Guillermo Barba, was arraigned on an indictment charging him with alien smuggling offenses yesterday in federal court before U.S. Magistrate Judge Andrew G. Schopler.

Barba is scheduled for a detention hearing before U.S. Magistrate Judge William V. Gallo on August 4, 2020 at 2:00 p.m.

According to the indictment and other publicly available court documents, Barba was a leader of an alien smuggling organization based out of Baja California, Mexico and San Diego, California, which used panga boats, pleasure crafts, and multiple load vehicles to facilitate its sophisticated maritime smuggling operation. This organization is believed to responsible for at least 25 alien smuggling events dating back to November 2017.

This case is the result of ongoing efforts by Homeland Security Investigations - Marine Task Force (MTF) to dismantle active transnational criminal organizations involved in alien smuggling along the U.S.-Mexico border in the Southern District of California. During the last year, MTF and its interagency partners have apprehended approximately 300 illegal aliens off the coast of San Diego. The MTF was also aided in this investigation by the HSI Tijuana Attaché Office

“In addition to undermining this nation’s border security, smuggling on the ocean is extremely dangerous for the individuals being smuggled,” said U.S. Attorney Robert Brewer. “Barba’s arrest and the dismantling of this alien smuggling group is the product of outstanding federal and international law enforcement cooperation that resulted in this successful arrest.”

“Maritime smuggling puts lives at risk and is extremely dangerous. Smugglers often use unsafe boats to enter the U.S. illegally,” said San Diego Sector Border Patrol Chief Patrol Agent Aaron Heitke. “A unified effort has brought this alleged criminal enterprise to an end and it is only through continued cooperation that other transnational criminal organizations can be effectively targeted and dismantled.”

“Homeland Security Investigations (HSI) remains steadfast in our commitment to vigorously pursuing members of transnational criminal networks that exploit and endanger the people they smuggle into our country,” said Cardell T. Morant, Special Agent in Charge of HSI San Diego. “We will continue to work collaboratively with our domestic and international partners to identify, investigate, and prosecute the leaders of these dangerous smuggling networks.”

The United States is represented in court by Assistant U.S. Attorney Matthew J. Sutton.

The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

DEFENDANT                                   Criminal Case No: 19-cr-4531-JLS

SUMMARY OF CHARGES

Conspiracy to Bring in Illegal Aliens for Financial Gain

Conspiracy to Transport Illegal Aliens for Financial Gain

Maximum Penalties: A term of custody including a mandatory minimum of three years in custody and up to 10 years in custody

AGENCIES

Homeland Security Investigations - Marine Task Force

United States Border Patrol, Imperial Beach Station

United States Border Patrol, San Clemente Station

Customs and Border Protection, Office of Air and Marine

Customs and Border Protection, Office of Field Operations

U.S. Coast Guard

U.S. Coast Guard Investigative Service

San Diego Harbor Police

Homeland Security Investigations – Tijuana

San Diego ReCoM - Regional Coordinating Mechanism.

(ReCoM is comprised of the U.S. Coast Guard, CBP’s Office of Air and Marine, Office of Field Operations, U.S. Border Patrol, Immigration and Customs Enforcement Homeland Security Investigations and state and local law enforcement partners operating in the Southern California. The ReCoM utilizes the fusion of intelligence, planning and operations to target the threat of transnational crime along the coastal border)

United States Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a 19-count indictment charging Amie Demming, age 44, of Strongsville, Ohio; John Panuto, age 60, of Avon Lake, Ohio; Debra Adamson, age 67, of Spring Hill, Tennessee; Ashley Nichole Adamson, age 34, of Las Vegas, Nevada; William Adamson, age 38, of Las Vegas, Nevada; Daniel Gwin, age 43, of Lakewood, Ohio; Brent Smith, age 45, of Willoughby, Ohio; and Walter O’Malley, age 39, of Brunswick, Ohio with conspiracy to commit mail and wire fraud, mail fraud, wire fraud, aggravated identity theft, conspiracy to defraud the United States, and failure to maintain adequate records.

“These defendants are accused of subverting a process that ensures pharmaceutical drugs are safe and effective for public consumption,” said U.S. Attorney Justin Herdman. “By doing so, and for the sole purpose of making more money for themselves, these defendants jeopardize the health and safety of the public.”

According to the indictment, from January 2013 to March 2018, the defendants are alleged to have participated in a scheme to defraud eight pharmaceutical companies and the U.S. Food and Drug Administration.  Defendant Amie Demming founded a clinical research company in 2008 to conduct trials on behalf of various pharmaceutical companies. The office had locations in Middleburg Heights, Ohio and Franklin and Smyrna, Tennessee. Defendant John Panuto was a licensed medical doctor and the Principal Investigator for the research company at the Middleburg Heights Office and was responsible for the oversight of most clinical trials conducted at that office.

The defendants and their co-conspirators are alleged to have entered into agreements with these pharmaceutical companies, or sponsors, to conduct clinical trials of pharmaceutical drugs for public consumption. In order to perform these trials accurately, the research company was required to meet all applicable FDA regulations and other standards set by the sponsoring agencies.

The defendants are alleged to have subverted these requirements by enrolling subjects in clinical trials under fictitious names, enrolling past subjects without their knowledge, and enrolling other subjects who did not meet pre-established criteria.  In addition, the defendants allegedly fabricated and falsified medical records, informed consent forms, and other documentation for fictitious study subjects.

Court documents show that defendants were able to enrich themselves in this scheme by billing the sponsoring agencies for the time and participation of these fictitious subjects.

As part of their scheme, the defendants are accused of circumnavigating the FDA’s oversight of clinical studies. In response to complaints from sponsoring agencies, the FDA conducted an investigation into the research company and found that Panuto had violated certain clinical trial criteria, such as failure to conduct studies in accordance with signed statements and failure to maintain adequate records.

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

If convicted, the defendant's sentence will be determined by the Court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Food and Drug Administration, Office of Criminal Investigations.  The case is being prosecuted by Assistant U.S. Attorney Megan R. Miller.

United States Attorney Ron Parsons announced that Dustin Red Legs age 41, of Eagle Butte, South Dakota, was found guilty of Aggravated Sexual Abuse of a Child, Sexual Exploitation of Child, and Possession of Child Pornography as a result of a federal jury trial in Pierre, South Dakota. 

The charges carry a mandatory minimum penalty of 30 years, with a maximum penalty of up to life in federal prison and/or a $750,000 fine, up to life of supervised release, a $300 special assessment to the Federal Crime Victims Fund, and a $5,000 assessment to the Domestic Trafficking Fund.  

Red Legs was indicted by a federal grand jury on May 14, 2019.

On September 24, 2018, Red Legs was staying at a home in Eagle Butte. He went into a room where two children were sleeping, sexually assaulted a 10-year-old girl, and also took sexually explicit photographs of the victim.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.

 A presentence investigation was ordered and a sentencing date was set for October 26, 2020.  The defendant was remanded to the custody of the U.S. Marshals Service.

CLARKSBURG, WEST VIRGINIA – Cory Davonta Smith, Jr., of Barberton, Ohio, has admitted to his role in a drug distribution operation, U.S. Attorney Bill Powell announced.

Smith, also known as “C.J.,” age 27, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute 50 Grams or More of Methamphetamine.” Smith admitted to working with others to distribute 50 grams or more of crystal methamphetamine, also known as “ice,” in November 2018 in Gilmer County.

Smith faces at least 10 years and up to life incarceration and a fine of up to $10,000,000. 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 Brandon S. Flower is prosecuting the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force investigated.

Senior U.S. District Judge Irene M. Keeley presided.