ELKINS, WEST VIRGINIA – Julie Ann Cutright, of Elkins, West Virginia, was sentenced today to five years of probation for running a drug house, United States Attorney Bill Powell announced.

Cutright, age 34, pled guilty to one count of “Maintaining a Drug-Involved Premises” in May 2019. Cutright admitted to maintaining a home at 113 Riverview Drive in Elkins that was used for distributing methamphetamine, also known as “ice” from October 2017 to November 2017.

Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department 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.

ELKINS, WEST VIRGINIA – Joseph William Howell, Jr., of Beverly, West Virginia, was sentenced today to 120 months incarceration for methamphetamine and firearms charges, U.S. Attorney Bill Powell announced.

Howell, age 28, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” and one count of “Possess Firearm in Furtherance of a Drug Crime” in October 2019. Howell admitted to working with others to distribute methamphetamine from December 2017 to July 2018 in Randolph County and elsewhere. He also admitted to having a .34 Colt caliber revolver during the drug crime.

Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Randolph County Sheriff’s Office investigated.

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

PITTSBURGH – An Armstrong County resident has been sentenced in federal court to 37 months’ imprisonment, three years’ supervised release, and fined $3,000.00 on his conviction of conspiring to distribute marijuana, United States Attorney Scott W. Brady announced today.

United States District Judge William S. Stickman, IV imposed the sentence on Stephen Lerch, 28, of Apollo, Pennsylvania.

According to information presented to the court, Lerch had been receiving packages of marijuana and THC vaping cartridges at various locations situated in and around the Apollo area from a source based in Colorado. The conspiracy ended on October 2, 2018, when task force officers and agents from the DEA executed a search warrant at Lerch’s residence. During the search, the DEA recovered marijuana, two firearms, a money counter, and $25,161.00 in cash. Investigators also learned that Lerch maintained accounts at S & T Bank and TD Ameritrade. The funds contained in those accounts were subsequently seized pursuant to search warrants.

Prior to imposing sentence, Judge Stickman denied Lerch’s request for a sentence of home confinement, noting the serious nature of the offense. The Court also ordered that Lerch forfeit a total of $102,290.70 and a 2017 Subaru Crosstrek to the United States.

Assistant United States Attorney Michael Leo Ivory prosecuted this case on behalf of the government.

United States Attorney Brady commended the Drug Enforcement Administration, the United States Postal Inspection Service, and the West Metro Drug Task Force-Sheriff’s Office, Jefferson County, Colorado, for the investigation leading to the successful prosecution of Lerch.

FRESNO, Calif. — Jonathan James Rodriguez, 37, of Sonora, was arraigned Tuesday for receipt and distribution of material involving the sexual exploitation of minors, U.S. Attorney McGregor W. Scott announced.

According to court documents, between January 2014 and January 2020, Rodriguez used a laptop computer to receive and distribute a visual depiction of a minor engaged in sexually explicit conduct.

Anyone who has information related to this investigation or who believes they may be a victim can contact the FBI at JonRVictims@fbi.gov.

This case is the product of an investigation by the Federal Bureau of Investigation and the Tuolumne County Sheriff’s Office. Assistant U.S. Attorney Laura D. Withers is prosecuting the case. 

If convicted, Rodriguez faces a maximum statutory penalty of 20 years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

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 locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

           CONCORD - Michael Briand, 29, of Bow, pleaded guilty in federal court to fentanyl trafficking, United States Attorney Scott W. Murray announced today.

           According to court documents and statements made in court, on August 27, 2019, at about 4:15 pm, a cooperating individual told Nashua Police Detectives that Michael Briand and an accomplice were selling fentanyl in Nashua.  At the direction of detectives, the cooperator arranged to buy a quantity of fentanyl from Briand and his accomplice.  The deal took place in the bathroom of a fast food restaurant in Nashua and Briand took custody of the money in the transaction.  Following the sale, detectives arrested Briand and others involved in the transaction.

           Briand is scheduled to be sentenced on November 19, 2020.

           “Fentanyl traffickers seek to earn profits by selling a deadly substance that undermines the health and safety of our citizens,” said U.S. Attorney Murray.  “Fentanyl users invite disaster into their lives. Through Operation SOS, we are working closely with the Nashua Police Department and all of our law enforcement partners to stop the sale of dangerous illegal drugs in the Granite State.”

            This matter was investigated by the Nashua Police Department’s Narcotics Intelligence Division and Problem-Oriented Policing Unit.

            The case is being prosecuted by Assistant U.S. Attorney Joachim H. Barth.

            This case is part of Operation Synthetic Opioid Surge (S.O.S.).  In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts.  The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids.   In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua. 

                       ###

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Daryl Sumeriski, 52, of Batavia, NY, who was convicted of possession of child pornography, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Sumeriski was residing in a halfway house in Bath, NY, when fellow residents expressed concern about certain images they observed on the defendant’s cell phone and alerted authorities. As a result, a search warrant was executed and investigators found more than 3,000 images of child pornography on Sumeriski’s phone. Some of the images depicted violent abuse of infants and toddlers.

The sentencing is the result of an investigation by the Department of Homeland Security, under the direction of Special Agent-in-Charge Kevin Kelly.

# # # #

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

BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that six defendants have been charged by complaint and two other defendants indicted by a federal grand jury for their roles in a transnational drug trafficking ring that stretched from Mexico to Buffalo.

Charged by complaint with conspiring to possess with intent to distribute, and distributing, controlled substances are:

• Ronnie Charleston;
• Robert Claiborne;
• Antoine Gilbert;
• Tonie Wiley;
• Aaron Spain Jr.; and
• Eric Hale, A/K/A Cuz E.

If convicted, the defendants face a maximum penalty of 20 years in prison and a $1,000,000 fine.

Charged by indictment with narcotics conspiracy and possessing with intent to distribute crack cocaine and cocaine are:

• Saan Thompson, A/K/A Duke; and
• Louis Gilbert.

Thompson and Gilbert face a mandatory minimum penalty of five years in prison, a maximum of 40 years, and $5,000,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the criminal complaint and the indictment, the defendants are accused of being part of a drug trafficking ring that stretched from Mexico to Buffalo. The organization is accused of moving bulk quantities of cocaine, heroin, and fentanyl into the Western New York area. It is believed the organization’s Buffalo-based operation is headed by David    Burgin and David Washington, who were previously arrested on drug conspiracy charges in February 2020. Burgin and Washington used a network of distributors to sell narcotics in the Western New York area, as well as several out of state sources of supply for cocaine and heroin. David Washington supplied Saan Thompson with narcotics in Buffalo. Thompson then sold the narcotics to the other defendants for re-distribution. The investigation included multiple intercepted communications between the defendants. 

During the execution of four search warrants this morning at four locations, investigators seized a kilogram of suspected cocaine; 40 grams of suspected crack cocaine packaged for distribution; multiple pounds of marijuana; a loaded handgun; 1500 rounds of assorted ammunition; pistol magazines; and approximately $27,000 in cash.  

“This case is a tremendous example of the determination of our law enforcement partners to continue to follow the evidence wherever it leads,” stated U.S. Attorney Kennedy. “Investigators did not stop when the leaders of this dangerous drug trafficking organization were previously apprehended and taken off the streets. Investigative efforts continued leading to the charging of eight additional defendants in this case.”   

“Today’s arrests and seizures represent a critical disruption to an international drug trafficking ring,” said Kevin Kelly, Special Agent-in-Charge of Homeland Security Investigation Buffalo. “I would like to thank the law enforcement personnel at all levels of government whose hard work and collaboration led to today’s results. HSI and our partners will continue efforts to increase community safety through the dismantlement of this drug trafficking organization.”

Defendants Saan Thompson and Louis Gilbert were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and detained. Defendants Aaron Spain and Ronnie Charleston made an initial appearance also before Judge Schroeder and were also detained. Defendants Robert Claiborne, Antoine Gilbert, Tonie Wiley, and Eric Hale, made initial appearances and were released on conditions.

The criminal complaint and indictment are the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Safe Streets Task Force,  under the direction of Special Agent-in-Charge Stephen Belongia; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the New York State Police, under the direction of Major James Hall; and the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.   

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.

# # # #

Earlier today, Vito Difalco, also known as “Victor” and “The Mask,” an inducted member of the Colombo organized crime family, was sentenced by United States District Judge William F. Kuntz, II, to 37 months’ imprisonment for racketeering.  

Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the sentence. 

“With today’s sentence, the defendant has been held accountable for his participation in a violent criminal enterprise that used fear as fuel,” stated Acting United States Attorney DuCharme.  “Investigating and disrupting the activities of organized crime will always remain a priority of this Office and our law enforcement partners.”  Mr. DuCharme thanked the Federal Bureau of Investigation, New York Field Office, and the New York City Police Department, for their outstanding investigative work.

Difalco and co-defendant Joseph Maratea operated a loansharking business, extending loans at exorbitant interest rates and under the threat physical violence or harm if interest payments were not made on a timely basis. Specifically, they charged $15 in weekly interest payments on every $500 extended, which amounted to 3% weekly interest payments or 156% annual interest. To ensure both that they could locate their debtors and that their debtors understood that Difalco and Maratea knew where they resided, they required debtors to provide copies of their driver’s licenses and their contact information. Defendant Difalco also earned illegal proceeds through his gambling business, which included illegal sports-betting and video gambling machines, Difalco used a legitimate business – a bar called Tryst which he operated – to facilitate his criminal activity and limit detection by law enforcement. Specifically, he used the bar to attract new loansharking customers and used his employees to collect loansharking payments. He also used the bar to operate and promote his illegal gambling businesses.

On April 19, 2018, Difalco and Matera had the following conversation about a debtor’s missed payments:

DIFALCO: Alright stretch out, ‘cause we are going to take a ride in a little while.

MARATEA: Alright.

DIFALCO: I’ll be here, then we’ll take a ride up there.

MARATEA: Where by [John Doe #8]?

DIFALCO: Yeah, we’ll go by [John Doe #8].

MARATEA: Did you call him?

DIFALCO: I called him, he didn’t pick up. I figure I’ll ring the bell and flood

the house.

Maratea pleaded guilty to racketeering and was sentenced in April 2020 to time served and two years’ probation with the first four months to be served under home incarceration

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Elizabeth A. Geddes and Mathew S. Miller are in charge of the prosecution.

The Defendant:

VITO DIFALCO (also known as “Victor” and “The Mask”)
Age:  65
Brooklyn, New York

E.D.N.Y. Docket No. 18-CR-337 (WFK)

ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced that two victim services providers in the Commonwealth of Virginia received $866,676 from the Department of Justice’s Office of Justice Programs and its component, the Office for Victims of Crime, to provide safe, stable housing and appropriate services to victims of human trafficking.

“Human trafficking is a barbaric criminal enterprise that subjects its victims to unspeakable cruelty and deprives them of the most basic of human needs, none more essential than a safe place to live,” said Attorney General William P. Barr. “Throughout this Administration, the Department of Justice has fought aggressively to bring human traffickers to justice and to deliver critical aid to trafficking survivors. These new resources, announced today, expand on our efforts to offer those who have suffered the shelter and support they need to begin a new and better life.”

The grant, awarded to Survivor Ventures, Inc. and Transitions Family Violence Services, will provide six to 24 months of transitional or short-term housing assistance for trafficking victims, including rental, utilities or related expenses, such as security deposits and relocation costs. The grant will also provide funding for support needed to help victims locate permanent housing, secure employment, as well as occupational training and counseling. Survivor Ventures, Inc. and Transitions Family Violence Services are among 73 organizations receiving more than $35 million in OVC grants to support housing services for human trafficking survivors.

“Human traffickers dangle the threat of homelessness over those they have entrapped, playing a ruthless game of psychological manipulation that victims are never in a position to win,” said Katharine T. Sullivan, Deputy Assistant Attorney General for OJP Principal. “These grants will empower survivors on their path to independence and a life of self-sufficiency and hope.”

Human trafficking offenses are among the most difficult crimes to identify, and the scope of human trafficking victimization may be much greater than the limited data reflect. A new report issued by the National Institute of Justice, another component of the Office of Justice Programs, found that the number of human trafficking cases captured in police reports may represent only a fraction of all such cases. Expanding housing and other services to trafficking victims remains a top Justice Department priority.

The Office for Victims of Crime, for example, hosted listening sessions and roundtable discussions with stakeholders in the field in 2018 and launched the Human Trafficking Capacity Building Center. From July 2018 through June 2019, 118 OVC human trafficking grantees reported serving 8,375 total clients including confirmed trafficking victims and individuals showing strong indicators of trafficking victimization.

For a complete list of individual award amounts and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/htvictimsfactheet.pdf

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

ALEXANDRIA, Va. – The Department of Justice today announced a proposed consent decree with the Hampton Roads Regional Jail Authority resolving the United States’ investigation into allegedly unlawful conditions at the Hampton Roads Regional Jail (Jail) in Portsmouth as outlined in the government’s December 2018 Notice.

Under the proposed consent decree, the Jail will develop and implement policies, procedures, and training regarding adequate medical and mental health care and appropriate housing for prisoners with serious mental illness. These measures include appropriate screening and assessment by qualified professionals, adequate treatment planning and suicide prevention practices, specialized mental health housing units, and a quality assurance program. The proposed consent decree would be overseen by an independent monitor to assess compliance and to provide technical assistance to the Jail. The court will determine if the proposed consent decree is fair, adequate, reasonable, and necessary.

“We are pleased that the Hampton Roads Regional Jail Authority has agreed to address the deficiencies our investigation uncovered,” said U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia. “We look forward to continuing to work with the Hampton Roads Regional Jail to ensure that those incarcerated at the Jail receive adequate medical and mental health care, and that prisoners’ rights under the Constitution and the Americans with Disabilities Act are protected.”

The Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia initiated the investigation in December 2016 under the Civil Rights of Institutionalized Persons Act (CRIPA), which authorizes the Department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities. The investigation was also initiated pursuant to Title II of the Americans with Disabilities Act (ADA). In December 2018, the Department provided the Jail written notice of the alleged unlawful conditions and the minimum remedial measures necessary to address them.  Specifically, the Department concluded that there is reasonable cause to believe that the Jail fails to provide constitutionally adequate medical and mental health care to prisoners, and places prisoners with serious mental illness in restrictive housing for prolonged periods of time under conditions that violate the Eighth and Fourteenth Amendments of the U.S. Constitution. The Department also concluded that the Jail’s restrictive housing practices discriminate against prisoners with mental health disabilities in violation of the ADA. 

“This agreement will ensure that prisoners are no longer at risk of serious harm as a result of the Jail’s practices,” said Eric Dreiband, Assistant Attorney General of the Civil Rights Division. “We commend the Hampton Roads Regional Jail Authority for its willingness to make changes to ensure that prisoners receive necessary medical and mental health care.”

This matter is handled by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia. Individuals with relevant information are encouraged to contact the Department via phone at (844) 644-0225 or by email at: Community.HamptonRoads@usdoj.gov.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

BOSTON – A Rhode Island man was sentenced today for sending a series of violent and threatening e‑mails to a Massachusetts professor and a university.

Matthew Haviland, 30, of North Kingstown, R.I., was sentenced by U.S. District Court Judge Leo T. Sorokin to 21 months in prison and three years of supervised release. In September 2019, Haviland pleaded guilty to one count of stalking and two counts of transmitting a threat in interstate commerce. Haviland was charged in April 2019.    

“The Constitution protects everyone’s right to free speech, but there is a hard line between free speech and the stalking and harassment committed in this case. My office will enforce that line,” said United States Attorney Andrew E. Lelling.  “Today’s sentence affirms that these are serious crimes that warrant punishment.”

“Today’s sentence cannot atone for the fear that Matthew Haviland caused, and the sense of security his victims lost, but it does hold him accountable for sending dozens of rage-filled emails threatening horrific acts of violence,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will vigorously protect every individual’s constitutional right to free speech but we will not allow anyone to hide behind the internet and put others in fear for their lives.”

Over the span of several hours on March 10, 2019, Haviland sent a Massachusetts professor a string of approximately 28 e-mails containing messages that included such threats as, “I will rip every limb from your body and eat it, piece by piece,” “I will bite through your eyeballs while you’re still alive, and I will laugh while you scream,” and  “I will torture you relentlessly until the end of time … [and] feed your body to pigs again and again….”  The professor to whom Haviland sent the threats has published and spoken in favor of abortion rights, and several of Haviland’s e‑mails made reference to abortion. In two successive e-mails, for example, Haviland wrote, “You will be held accountable for every f****** baby you murdered through your horrible deception of they are not humans” and “You will have your face ripped off and eaten by me, personally. I will enjoy raping your body after you’re dead. And that will only be the start.”

Haviland also sent several e-mails on March 15, 2019 to a professional school at the professor’s university. Those e-mails included the message: “You people are Evil, putrid, and somebody shoudl [sic] BOMB your school for spreading the idea that it’s okay to HATE people because of their race.” A later e-mail to the professional school said only, “You should be Murdered in cold blood.”

United States Attorney Lelling and Boston FBI SAC Bonavolonta made the announcement today. Boston FBI’s Joint Terrorism Task Force conducted the investigation with the assistance of the Warwick and North Kingstown (RI) Police Departments. Assistant U.S. Attorney William F. Bloomer of Lelling’s National Security Unit prosecuted the case.

NORFOLK, Va. – A North Carolina man pleaded guilty today to making a telephonic threat to burn down an African American church in Virginia Beach.

According to court documents, John Malcolm Bareswill, 63, called a Virginia Beach church with a predominantly African American congregation, made racially derogatory remarks, and threatened to set the church on fire. The threatening call was placed on June 7, 2020, several days after one of the church’s leaders took part in a public prayer vigil and peaceful demonstration for George Floyd.

Bareswill pleaded guilty to a criminal information charging a telephonic threat to use fire to kill, injure, or intimidate any individual, or unlawfully to damage or destroy a building. He faces a maximum penalty of ten years in prison when sentenced on Nov. 12. 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; Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; Anthony F. Zucaro, Jr., Interim Chief of Virginia Beach Police; and David Hutcheson, Chief of the Virginia Beach Fire Department, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorney Andrew Bosse is prosecuting the case. Trial Attorney Kathryn Gilbert of the Justice Department’s Civil Rights Division provided significant assistance on 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. 2:20-cr-61.

NORFOLK, Va. – A former inmate of the Chesapeake City Jail was sentenced today to over two years in prison for conspiring to bribe a Chesapeake Sheriff’s Deputy to smuggle contraband, including cocaine and heroin, into the Chesapeake City Jail.

According to court documents, Jermarrieo Stigger, 35, paid Jenis Leroy Plummer to use his official position as Chesapeake Sheriff’s Deputy to smuggle heroin, cocaine, cell phones, e-cigarettes, and other contraband into the Chesapeake City Jail. From July 2017 through December 2018, Stigger knowingly and intentionally conspired with Plummer to engage in this scheme.

On numerous occasions throughout the conspiracy, Stigger arranged for Plummer to meet his girlfriend at various locations in Hampton Roads to pick up the contraband. At these meetings, Stigger’s girlfriend gave Plummer the illicit contraband in blue latex gloves. Plummer then smuggled the contraband into the jail and delivered the items to the inmate. In exchange for using his official position, Stigger’s girlfriend paid Plummer with cash, via CashApp, and via PayPal. Last year, the Chesapeake Sheriff’s Deputy was likewise sentenced to serve 30 months’ incarceration for his role in this scheme.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Melissa E. O’Boyle and Joseph E. DePadilla prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-183.

A criminal complaint was unsealed today in federal court in Brooklyn charging Jeremy Trapp with sabotaging a New York City Police Department (“NYPD”) van by cutting one of the vehicle’s brake lines.  Trapp was arrested earlier today at his home in Brooklyn, and was ordered detained pending trial by United States Magistrate Judge Steven M. Gold this afternoon. 

Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, NYPD, announced the arrest and charges.

"Trapp’s alleged actions had potentially life-threatening consequences for NYPD officers and members of the public, who could have been injured by the vehicle’s brake failure,” stated Acting United States Attorney DuCharme.  “This Office will ensure that anyone who targets police officers or acts with the intent to undermine public safety efforts will face justice.”

“Mr. Trapp’s alleged behavior is illegal, and for the information of others who may have been planning similar criminal activity, we’d like to remind them that the FBI investigates and charges this type of behavior as a federal crime,” stated FBI Assistant Director-in-Charge Sweeney.  “Citizens of this city, many of whom are not currently collecting paychecks, paid for the equipment allegedly damaged by Mr. Trapp.  They expect it to be available to protect and serve our community when needed.  Behavior like the type alleged here diverts resources, destroys property, risk lives, and detracts from the important message thousands of peaceful citizens have rightfully highlighted.”

“The defendant who believed he was cutting the brake lines to a vehicle that could be carrying up to nine police officers clearly intended to create a situation that could result in serious injuries or death for officers or civilians. No one should confuse this conduct with lawful protest. We appreciate the work of the NYPD Intelligence Bureau, the FBI agents and the prosecutors from the US Attorney for the Eastern District of New York in bringing these charges,” stated NYPD Commissioner Shea.

As set forth in the complaint, on July 13, 2020, Trapp participated in a demonstration outside the Brooklyn Criminal Court building in downtown Brooklyn that was objecting to the arrests of individuals who had earlier confronted pro-law enforcement demonstrators in Bay Ridge, Brooklyn. As the demonstration was winding down, Trapp spoke with an individual who was a confidential source for the NYPD (the “CS”) and he stated that he wanted to harm police officers and their supporters. Trapp also stated that he wanted to cut the brake lines on police cars. On July 17, 2020, after Trapp and the CS communicated via telephone calls and text messages, the CS drove to Trapp’s home and picked him up in the CS’s vehicle, where Trapp showed the CS his backpack, which contained, among other things, a scissor-like tool.  At approximately 4:00 p.m. on July 17, 2020, Trapp and the CS approached a marked NYPD van parked near Fourth Avenue and 42nd Street in Sunset Park. Trapp crawled under the van and reached for something near one of the vehicle’s wheel wells while the CS stood nearby acting as a purported “lookout.” Trapp then crawled out from under the van and left the area with the CS.  Both the CS and NYPD officers conducting surveillance recorded this incident on video.  An inspection of the NYPD van revealed that a line for a wheel speed sensor had been partially severed. An NYPD automobile mechanic informed the FBI that the partially severed line is part of the NYPD Van’s anti-lock braking system, which is similar in appearance to, and in the same location as, the NYPD vehicle’s main brake line.  A malfunctioning anti-lock braking system would adversely impact a driver’s ability to stop and maintain control of the van in an emergency.

The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted, the defendant faces up to 20 years’ imprisonment.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States Attorney Francisco J. Navarro is in charge of the prosecution.

The Defendant:

JEREMY TRAPP
Age:  24
Brooklyn, New York

E.D.N.Y. Docket No.: 20-MJ-626

A criminal complaint was unsealed today in federal court in Brooklyn charging Yakov Moroz, the president of Great Movers Inc. and its successor company New City Movers, and company employee Tal Ohana with wire fraud and wire fraud conspiracy by misrepresenting estimated charges for moving services and then requiring customers to pay additional fees that far exceeded the original estimate in order to recover their belongings.  Moroz and Ohana were arrested earlier today and will make their initial appearance this afternoon before United States Magistrate Judge Steven M. Gold.

Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Douglas Shoemaker, Special Agent-in-Charge, United States Department of Transportation, Office of the Inspector General (DOT-OIG), announced the charges.

According to the complaint, Moroz and Ohana, through Great Movers Inc., which operated through the website https://greatmovingusa.com and other affiliated moving companies,  defrauded dozens of customers by misrepresenting the estimated charges for moving services and then (i) requiring customers to pay additional fees, often more than 10 percent of the original estimate, (ii) requiring payment before delivery of goods, or (iii) refusing to return and threatening to sell and auction the customers’ belongings if the fees were not paid.  These practices violate federal regulations for companies engaged in the transportation of household goods in interstate commerce.  Many customers ultimately paid the inflated and additional fees to ensure delivery of their property.  

“As alleged, Moroz and Ohana victimized their customers by holding their belongings hostage until the inflated fees were paid,” stated Acting United States Attorney DuCharme.  “This Office will hold accountable anyone who seeks to target the vulnerable in an effort to profit from predatory schemes.”  Mr. DuCharme thanked the Better Business Bureau for its assistance with the investigation.

“Imagine moving every item you own from one place to another, trusting the moving company loading up the truck to not rip you off. The subjects in this scheme allegedly used that vulnerability in a cruel way, knowing victims would pay almost anything to get their prized possessions back,” stated FBI Assistant Director-in-Charge Sweeney.  “The FBI New York Joint Major Theft Task Force will investigate these fraudsters, and we want other potential victims to report it to us so we can stop these criminals before they move on to someone else.”

“Today’s arrests and actions taken stemming from a criminal investigation conducted by the U.S. Department of Transportation Office of Inspector General (DOT-OIG) and FBI shows our commitment to rooting out fraudulent household goods movers who take advantage of unsuspecting customers,” stated DOT-OIG Special Agent-in-Charge Shoemaker. “Working with our law enforcement and prosecutorial partners, as well as the Federal Motor Carrier Safety Administration, we will continue our vigorous efforts to ensure that commercial household goods movers adhere to Federal laws and regulations designed to protect the public.”

The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.  If convicted, the defendants face up to 30 years’ imprisonment.

The government’s case is being handled by the Office’s General Crimes Section.  Assistant United States Attorney Devon Lash is in charge of the prosecution.

The Defendants:

YAKOV MOROZ
Age:  39
Brooklyn, New York

TAL OHANA
Age:  37
Queens, New York

E.D.N.Y. Docket No. 20-MJ-604

         SANTA ANA, California– Two Orange County residents were sentenced late this afternoon – with one being ordered to serve 12 years in federal prison – for their key roles in businesses that offered bogus modification programs to homeowners struggling to pay their mortgages in the wake of the 2008 financial crisis.

         The two defendants who were associated with the Santa Ana-based company U.S. Homeowners Relief and several related businesses participated in a long-running “advance fee” scheme that caused more than 1,600 homeowners to suffer over $3.5 million in losses. Many victims lost their homes in subsequent foreclosure proceedings.

         Aminullah “David” Sarpas, 37, of Irvine, was sentenced to 144 months in federal prison after being convicted by a jury in April 2019 of 10 counts of conspiracy and mail fraud.

         Samuel Paul Bain, 40, of Tustin, was sentenced to five years in prison after pleading guilty in 2016 to conspiracy and mail fraud.

         The two men – who were co-owners of U.S. Homeowners Relief, Greenleaf Modify, Waypoint Law Group, and American Lending Review – were sentenced by United States District Judge Cormac J. Carney.

         Sarpas and Bain established U.S. Homeowners Relief in late 2008, using it and the subsequent companies to offer programs that falsely offered to help distressed homeowners obtain modifications of their mortgages. Sarpas and Bain initially marketed the programs themselves, but they also used TV, radio and internet advertisements, as well as a team of telemarketers to entice victims. Homeowners who agreed to participate – based on false claims, including that the companies had a 97 percent success rate in obtaining loan modifications that dramatically reduced monthly mortgage payments – were charged an advance fee ranging between $1,450 and $4,200. In short, the scheme “compounded these homeowners’ financial woes by inducing them to dig the hole they were in even deeper,” prosecutors wrote in court documents.

         There were two other defendants named in a 2014 indictment. One man was acquitted at trial after a jury in his first trial was unable to reach a unanimous verdict. The fourth defendant – Louis Saggiani, 70, of Huntington Beach, pleaded guilty and is scheduled to be sentenced in October.

         The investigation was conducted by the United States Postal Inspection Service, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and IRS Criminal Investigation.

         This matter was prosecuted by Special Assistant United States Attorney Ryan G. Adams of the Santa Ana Branch Office and Assistant United States Attorney David H. Chao of the Major Frauds Section.

          WASHINGTON – Three executives from Imperial Pacific International (IPI) and MCC International Saipan have been indicted on federal criminal charges, including Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy, harboring illegal aliens, unlawful employment of aliens, and international promotional money laundering announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Shawn N. Anderson for the Districts of Guam and the Northern Mariana Islands.

          On Aug. 1, 2019, a federal grand jury returned a 71-count superseding indictment against Liwen Wu, aka Peter Wu, Jianmin Xu, and Yan Shi.  The charges were unsealed today.  The indictment alleges that these individuals committed criminal acts while holding executive positions with IPI and MCC International Saipan.  The defendants are accused of utilizing criminal labor practices during ongoing construction of the Grand Mariana Casino Hotel and Resort on the island of Saipan.  The defendants are further alleged to have transferred over $24 million into the United States to promote their illegal activity.

          All three defendants are foreign nationals who currently reside outside of the United States.  Upon returning to the United States, the individuals will be arrested, arraigned, and brought to trial in federal court.

          The case is being investigated by the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, IRS Criminal Investigation, and the U.S. Department of Labor – Wage & Hour Division.  Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Eric O’Malley are prosecuting the case.

          An indictment merely alleges that crimes have been committed.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt.

          Anyone with further information regarding this matter is urged to call the FBI’s Saipan Office at 670-322-6934.

          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.

Note: A copy of the superseding indictment can be viewed here.

ALBANY, NEW YORK – Another Florida resident has been arrested in connection with an access device fraud and money laundering scheme, for stealing credit and debit card numbers of gas station customers across the country, including in Albany, Broome and Montgomery Counties in the Northern District of New York.

The announcement was made by United States Attorney Grant C. Jaquith; Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Inspector in Charge Joseph Cronin, Boston Division, United States Postal Inspection Service (USPIS).

The defendant arrested today was Yanio Montes De Oca, age 33, of Miami, Florida, charged with conspiracy to commit money laundering.

Yesterday, four other defendants were arrested:

• Yudiel Ceballos, age 33, of Miami, charged with conspiracy to commit access device fraud;
• Arley Gonzalez, age 34, of Miami, charged with conspiracy to commit access device fraud;
• Marlon Palacios, age 36, of Miami and Pittsburgh, Pennsylvania, charged with conspiracy to commit access device fraud and aggravated identity theft; and
• Yuny Hurtado Rodriguez, age 31, of Miami, charged with conspiracy to commit access device fraud.

These defendants were charged in a superseding indictment, which was unsealed yesterday. An initial indictment in this case, unsealed in October 2019, resulted in the arrests of:

• Joan Jesus Manso Dieguez, age 33, of Miami, charged with conspiracy to commit access device fraud and money laundering;
• Atnetys Ferreira, age 40, of Miami, charged with conspiracy to commit money laundering; and
• Hugo Hernandez, age 32, of Miami Lakes, Florida, charged with conspiracy to commit access device fraud and money laundering.

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

According to the superseding indictment, from April 2016 through approximately December 2018, certain defendants – those charged with conspiring to commit access device fraud – built gas station skimming devices and installed those devices inside gas pumps so that they could steal credit and debit card data of customers who used the “pay at the pump” function to purchase gasoline. The defendants then used that data to create fraudulent debit and credit cards, which they or co-conspirators used to obtain money orders, gift cards, cash, and other merchandise. The indictment also alleges that certain defendants – those charged with conspiring to launder money – engaged in financial transactions with money orders and gift cards obtained through the scheme, to conceal the source of the funds and transfer money to bank accounts controlled by the members of the conspiracy.

This case is being investigated by the FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami and Pittsburgh, the USPIS Miami Division, and the United States Secret Service Miami Field Office.  The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.

BINGHAMTON, NEW YORK – TammyLynn Sterling Barthelmess, age 62, of Little Falls, New York, was sentenced today to serve 24 months (two years) in federal prison for her guilty pleas to Conspiracy to Steal Government Funds and three Counts of Bank Fraud, announced United States Attorney Grant C. Jaquith, Special Agent in Charge John Grasso-Social Security Administration-Office of the Inspector General (“SSA-OIG”), New York Field Division, and New York State Police Superintendent Keith Corlett.

The sentence imposed today followed the defendant’s guilty plea during trial on February 26, 2020, in which Barthelmess admitted that she conspired from 2009 to 2013 with her daughter, Shannon Hardy Sekel, to conceal the death of D.W., a tenant of hers (Barthelmess) in Little Falls, New York. Barthelmess and others caused the body of D.W. to remain hidden until it was discovered in Little Falls on May 1, 2013, in an advanced state of decomposition inside a dog crate behind an unoccupied house owned by the defendant. Following the death of D.W., TammyLynn Sterling Barthelmess and Shannon Hardy Sekel used the checking account of D.W. to steal Social Security retirement benefits that were deposited in the account each month. The defendant and Sekel wrote hundreds of checks from D.W.’s checking account until the payments stopped in May 2013 following the discovery of D.W.’s body. As a further part of her previous guilty plea, Barthelmess admitted to making false statements to New York State Police Investigators who interviewed her after D.W.s skeletonized remains were located and reported to the City of Little Falls (New York) Police on May 1, 2013.

In imposing sentence today, Barthelmess was also ordered to serve a three-year term of supervised release following completion of her prison sentence, and ordered to pay restitution to the U.S. Social Security Administration (SSA) in the amount of $110,910.00.

Shannon Hardy Sekel, the defendant’s daughter, previously pled guilty to Conspiracy to Steal Government Money and Bank Fraud. Her sentencing is scheduled for August 19, 2020 in Binghamton, New York.

This case was investigated by the United States Social Security Administration-Office of Inspector General (SSA-OIG”), the New York State Police, and the City of Little Falls Police Department, and is being prosecuted by Assistant U.S. Attorneys Tamara B. Thomson and Richard R. Southwick, with assistance from the Herkimer County District Attorney’ Office.

SYRACUSE, NEW YORK – Nicholas Tarbell, age 32, of Syracuse,  was sentenced today to serve 63 months in prison for conspiring to distribute marijuana and money laundering, announced United States Attorney Grant C. Jaquith, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Gregory S. Oakes, Oswego County District Attorney.

As part of his previous guilty plea, Tarbell admitted that between approximately January and August 2017 he received bulk quantities of marijuana from a source of supply. Tarbell sold marijuana he received and sent proceeds from some of those sales back to his source of supply by courier. As part of his guilty plea, Tarbell admitted to distributing and/or possessing approximately 350 kilograms of marijuana.

In addition to his term of imprisonment, the court also sentenced Tarbell to 4 years of supervised release and ordered him to pay a money judgment in the amount of $469,184.

This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department and Agents of the U.S. Border Patrol.  The case was prosecuted by Assistant United States Attorney Thomas Sutcliffe.