NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that on August 12, 2020, DALE PHILLIPS, age 40, a resident of Plaquemines Parish, Louisiana, pled guilty to an indictment, charging him with distribution of 200 grams of cocaine. 

These charges stem from an investigation by both the United States Drug Enforcement Administration and the Plaquemines Parish Sheriff’s Office into the illegal distribution of drugs in the Parish that were brought into the Parish from the Houston area.  This investigation led to the Indictment of Paul Metz, Eugene Rudolph, Elbert Childs, Zyeta Rudolph, Yrian Devoure, and Dale Phillips back in May 2019 under case number 19-087 “H”.

Based on his guilty plea, PHILLIPS will face a sentence of not more than 20 years in prison, not more than $1,000,000.00 in fines, three years of supervised release, and a mandatory special assessment of $100.00.  The other defendants are scheduled to stand trial on October 13, 2020.  PHILLIPS is scheduled to be sentenced on October 21, 2020. 

The case was investigated by the Drug Enforcement Administration (D.E.A.), the Plaquemines Parish Sheriff’s Office.  Assistant United States Attorney Maurice Landrieu is in charge of the prosecution.

*   *   *

Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Patrick Freaney, Deputy Special Agent in Charge of the New York Field Office of the United States Secret Service (“Secret Service”), William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Troy Miller, Director of New York Field Operations for United States Customs and Border Protection (“CBP”), announced today the unsealing of a Superseding Indictment charging SUNDAY OKORO, COLLINS ENEH, and IKECHUKWU ELENDU with money laundering and bank fraud schemes.  The case has been assigned to United States District Judge Denise L. Cote.  SUNDAY OKORO will be presented before a United States Magistrate Judge in the Middle District of Georgia tomorrow and IKECHUKWU ELENDU will be presented before a United States Magistrate Judge in the Northern District of California tomorrow.  A third defendant, COLLINS ENEH, remains at large.  A prior Indictment in the case charged 11 additional defendants.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, three more defendants have been implicated in a conspiracy to launder the criminal proceeds of schemes to defraud corporate and individual victims of multiple millions of dollars.  Thanks to the efforts of the Secret Service, the FBI, CBP, and Special Agents of my Office, the defendants face federal charges.”           

Secret Service Deputy Special Agent in Charge Patrick Freaney said:  “The U.S. Secret Service is committed to working with our law enforcement partners to combat cyber-enabled fraud.  The continued success of this investigation is the result of this collaborative effort and highlights the relentless investigative pursuit by the U.S. Secret Service and our partners as we address the ever evolving threat posed by cyber-crime.”    

FBI Assistant Director William F. Sweeney Jr. said:  “The threat of a business email compromise is a cyber iceberg that will inflict serious losses on a victim company.  This type of cyber threat is a constant hazard lurking below the surface to every business, regardless of its size, and many cannot sustain the damage it will cause.  Companies small and large should continue to educate their workforce on cyber threats.  Well done to the investigative teams involved in bringing today’s charges.”

CBP Director of New York Field Operations Troy Miller said:  “U.S. Customs and Border Protection is proud of the expertise we provide in support of investigations that result in the takedown of criminal enterprises.  It is through interagency partnerships and collaborative efforts, like the one leading to today’s arrests, that law enforcement successfully combats today’s criminal organizations.”

According to the allegations in the Superseding Indictment unsealed today in federal court:[1]

From at least in or about March 2018 up to and including at least in or about January 2020, OKORO, ENEH, and ELENDU conspired to launder the proceeds of at least seven business email compromise schemes and one romance scheme in which corporate, organizational, and individual victims were fraudulently induced to send over $10 million to bank accounts controlled by members of the conspiracy, in the mistaken belief that those accounts belonged to the intended recipients of the funds.  Members of the conspiracy received the victim funds by opening bank accounts in the names of the intended recipients, transferred the funds through additional accounts to hide the origin and fraudulent nature of the proceeds, and ultimately transferred most of those proceeds to foreign bank accounts or withdrew them in cash.

*                *                *

OKORO, ENEH, and ELENDU are each charged with one count of conspiracy to commit money laundering, which carries a maximum term of 20 years in prison, and one count of conspiracy to commit bank fraud, which carries a maximum term of 30 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge. 

Ms. Strauss praised the outstanding investigative work of the FBI, the Secret Service and its Electronic Crimes Task Force, CBP, and special agents of the United States Attorney’s Office for the Southern District of New York.  The prosecution of this case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Jun Xiang and Kevin Mead are in charge of the prosecution.

The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

BIRMINGHAM, Ala. – Federal agents yesterday arrested two individuals charged with distributing fentanyl that resulted in death and serious bodily injury, announced U.S. Attorney Prim Escalona and Drug Enforcement Administration Assistant Special Agent in Charge Clay Morris.

A three-count indictment filed in U.S. District Court charges Anthony Shawn Clark, 33, Huntsville, and Tamara Denise Moore, 23, Huntsville, with distributing fentanyl and  also with conspiracy to distribute and possess with the intent to distribute fentanyl.  The grand jury returned the indictment against Clark and Moore in July. 

According to the indictment, from May 2019 through May 2020, Clark and Moore engaged in a conspiracy to distribute controlled substances, specifically fentanyl. On June 2, 2019 in Madison County, Clark distributed fentanyl which resulted in the death of an individual from the use of the drug.  On May 20, 2020, Clark and Moore distributed fentanyl that caused serious bodily injury to an individual from the use of the drug.

The maximum penalty for conspiracy to distribute and possess with the intent to distribute a controlled substance is 20 years in prison.

The penalty for distributing a controlled substance that results in death or serious bodily injury is 20 years to life in prison and a maximum $1 million fine.

DEA investigated the case, along with Madison Police Department and Huntsville-Madison County STAC. Assistant U.S. Attorney Robert J. Becher Sr. is prosecuting the case.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.

KANSAS CITY, Mo. – U.S. Attorney Tim Garrison participated in today’s press conference with Jackson County Prosecutor Jean Peters Baker to announce state charges against Ryson Ellis in the fatal shooting of 4-year-old Legend M. Taliferro, who was asleep at home the morning of June 29, 2020, when a shot was fired into his residence and struck him.

“We are all pleased that we’re now a step closer to finding justice for the tragic murder of LeGend Taliferro,” Garrison said. “This case underscores the effectiveness of state, local, and federal law enforcement working together to reduce violent crime in Kansas City. Operation LeGend has resulted in significant numbers of arrests and seizures of dozens of firearms and illegal drugs. Today’s arrest is one of 16 homicide-related arrests under Operation LeGend. 

“The alleged killer of LeGend Taliferro is in custody, but there are still too many armed and violent criminals roaming the streets of Kansas City. Operation LeGend will continue to provide federal support to assist our local law enforcement partners so that more criminals will be taken off the street, more victims will receive justice, and our neighborhoods will be more safe.”

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.

DENVER – United States Attorney Jason R. Dunn today announced that Jeffrey Hermansen, age 37, of El Paso County, Colorado, was sentenced to serve 27 months in federal prison, followed by 3 years on supervised release, for possession of stolen mail.  Hermansen appeared remotely in custody and was remanded at the hearing’s conclusion.  The U.S. Postal Inspection Service joined in today’s announcement. 

According to the stipulated facts in his plea agreement, on December 18, 2018, law enforcement found Hermansen in an El Paso County hotel room, taking him into custody based on an active warrant for a federal supervised release violation.  While conducting a protective sweep of his hotel room, officers noticed a mail parcel addressed to an individual other than Hermansen. Police contacted that person and discovered that the package had been stolen while in the mail.  With that information, officers obtained a search warrant for the hotel room, where they discovered 452 pieces of stolen mail, including stolen credit cards, gift cards and checks either from or addressed to 33 victims.  The total loss for the stolen mail possessed by the defendant was approximately $24,257.00.

“The public must be able to rely on a safe and secure mail system,” said U.S. Attorney Jason Dunn.  “ Hopefully others considering such crimes will see the serious penalties here and think again.”

“Postal Inspectors across Colorado are always ready to seek those who disrupt the safe passage of the U.S. Mail, and bring them to justice,” said Ruth M. Mendonça, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service. “We hope today’s sentence will serve as a deterrent to all mail thieves, proving they cannot hide from the diligent work of the U.S. Postal Inspection Service.”

A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado.  Related court documents can be found on PACER by searching for Case Number 19-cr-487.  The sentence was pronounced by Chief U.S. District Court Judge Phillip A. Brimmer.  Hermansen was prosecuted by Assistant U.S. Attorney Brian M. Dunn. 

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.

HOUSTON – A 35-year-old Texan has entered a guilty plea to coercion and enticement as well as receipt and possession of child pornography, announced U.S. Attorney Ryan K. Patrick.

Ryan Dale McWhorter had been in a chat group dedicated to the sexual exploitation of children. There, he began communicating with someone he believed to be the stepfather of a 9-year-old girl. McWhorter expressed his sexual interest in the child and asked for naked photos of her, to include her genitals. He also wanted the girl to take a picture of herself touching her stepfather’s penis. The “stepfather” was actually an undercover law enforcement officer.

McWhorter, who was residing in College Station, also discussed his intentions to travel to Florida in order to have sex with the child.

He eventually admitted to the sexual communications. Law enforcement also seized his cellphone. Forensic analysis of that device revealed 40 images of children engaged in sexually explicit conduct which included children under the age of 5.

They also discovered another chat, during which he received a video of child pornography and saved it to the photo gallery on his phone. 

McWhorter has been in custody since he was found to be a flight risk and a danger to the community. He will remain there pending his sentencing, which is set for Nov. 16 before U.S. District Judge Lynn N. Hughes. At that time, McWhorter faces up to life in prison for the coercion and enticement conviction, while the receipt and possession of child pornography charges carry additional penalties up to 20 and 10 years, respectively. He could also be ordered to pay up to a $250,000 fine.

The FBI - Bryan Resident Agency and Jacksonville, Florida, Field Office conducted the investigation along with the College Station Police Department.

Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.  

SYRACUSE, NEW YORK – Jason Lebron, 28, of Syracuse, NY, was sentenced today to serve 92 months in federal prison based on his previous guilty plea for violating the Racketeering Influenced Corrupt Organizations Act (RICO), announced 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 Chief Kenton Buckner, City of Syracuse Police Department.

In imposing sentence, Senior U.S. District Judge Frederick J. Scullin, Jr. also ordered Lebron to serve three years of supervised release following his term of imprisonment.  As part of his guilty plea, Lebron admitted that he was a member of the 110 Gang operating in the city of Syracuse, and that he repeatedly distributed cocaine base (“crack”) in the gang’s territory.  In imposing sentence, the Court found that the 110 Gang members regularly possessed and used firearms to facilitate their drug trafficking, and that the defendant was aware of such use.

Jason Lebron was one of 14 defendants charged with violating RICO based on their membership in the 110 Gang.  The other 13 men have all pled guilty or been convicted at trial.  Co-defendant Damani Prince was sentenced in October 2019 to 6.5 years in prison, to be followed by three years supervised release; and co-defendant Rashawn Wynn was sentenced in July 2020 to 92 months in prison, to be followed by three years supervised release.  The remaining defendants in the case are awaiting sentencing.  

This case was investigated by the Federal Bureau of Investigation (FBI), the Syracuse Police Department, and the Gang Violence Task Force, which consists of members of the Syracuse Police, the FBI, the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New York State Police, the New York State Department of Corrections, the New York State Attorney General’s Office, and the Onondaga County District Attorney’s Office.  This case was prosecuted by Assistant U.S. Attorneys Nicolas Commandeur and Kristen Grabowski.

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

MACON, Ga.– A convicted felon was sentenced to 54 months in prison for illegally possessing a stolen gun, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.

Howard Paul Hayes, 36, of Warner Robins, Georgia was sentenced on Wednesday, August 12 by U.S. District Judge Tillman E. “Tripp” Self to 54 months in prison after pleading guilty to one count possession of a firearm by a convicted felon. There is no parole in the federal system.

Hayes was captured in Macon by Georgia State Patrol (GSP) after attempting to outrun officers before sunrise on May 18, 2018. Hayes was initially pulled over for not having headlights. The defendant did not produce a license and gave the officer a false identity before he took off in the car he was driving. Hayes ultimately lost control of the vehicle, and was arrested. Hayes was captured wearing a holster, and officers found a stolen Glock semi-automatic pistol under the driver’s seat. Hayes admitted he knew it was illegal for him to have a firearm, due to prior felony convictions.

“It is illegal for convicted felons to possess a firearm. The punishment for those with a criminal record caught with guns is prison time without parole,” said U.S. Attorney Charlie Peeler. “I want to thank the GSP and the Bibb County Sheriff’s Office for their work in this case.”

The investigation was conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

The case was investigated by GSP and the Bibb County Sheriff’s Office. Assistant U.S. Attorney Will R. Keyes prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

MACON, Ga.– A parolee with multiple prior felony convictions was sentenced to a total of 188 months in prison for illegally possessing firearms and distributing methamphetamine, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia.

Clifton Eugene Peterman, 51, of Eatonton, Georgia was sentenced on Tuesday, August 12 by U.S. District Judge Tilman E. “Tripp” Self to 120 months in prison after pleading guilty to one count possession of a firearm by a convicted felon and 188 months in prison after pleading guilty to one count possession with intent to distribute methamphetamine, to run concurrently for a total term of 188 months in prison. This federal sentence will run consecutively to his state sentence from Putnam County. There is no parole in the federal system.

Peterman was on parole following a 2015 conviction in the Superior Court of Putnam County for possession of methamphetamine, possession of a controlled substance and possession of a firearm by a convicted felon when deputies and officers with the Department of Community Supervisions conducted a legal search of his home, per the terms of Peterman’s parole. Officers found five firearms, including one semi-automatic rifle, one caliber lever action rifle, two semiautomatic pistols and .38spl caliber revolver. Officers also seized methamphetamine that Peterman admitted he was intending to sell. Peterman has multiple prior felony convictions. In addition to the 2015 conviction named above, Peterman was convicted on October 6, 2005 in the Superior Court of Jones County, Georgia for possession with intent to distribute methamphetamine, theft by receiving stolen property, possession of a firearm by a convicted felon and possession of a sawed off shotgun. Peterman was also convicted on March 21, 2006 in the Middle District of Georgia for possession of a sawed-off shotgun.

“The defendant is a career criminal that clearly has no respect for the law and has shown no remorse for his past crimes. He will now spend the next 15 years in a federal prison, where there is no parole, and he will no longer be free to wreak havoc in our community,” said U.S. Attorney Charlie Peeler. “I want to thank the Department of Community Supervision, the Morgan County Sheriff’s Office, the Putnam County Sheriff’s Office and the FBI for their work in this case.”

"Peterman will get yet another chance to turn his life around in prison, and if not, the communities he has preyed upon can at least take solace that he won't be able to threaten their well-being for a long time," said Chris Hacker, Special Agent in Charge of FBI Atlanta. 

“As for Mr. Peterman, we are truly grateful for the federal assistance in this case. Clifton Peterman is career criminal, a true recidivist and a virtual crime machine. As the federal system doesn’t have the revolving door machine of meaningless parole and probation the State of Georgia maintains, we know that Peterman will literally be locked away for the next 15 years and his incarceration for such a period will truly protect the public from this type of criminal,” said Putnam County Sheriff Howard Sills.

The investigation was conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

The case was investigated by the Putnam County Sheriff’s Office, the Morgan County Sheriff’s Office, the Georgia Department of Community Supervision and the FBI. Assistant U.S. Attorney Elizabeth Howard prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

GREENSBORO, N.C. - A Greensboro resident was sentenced today in federal court in Greensboro for knowingly possessing a stolen firearm, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.

TEQUAN JAMEZ BARKLEY, age 31, was sentenced to a 103 month term of imprisonment by Senior United States District Judge N. Carlton Tilley, Jr. In addition to prison time, BARKLEY was ordered to serve three years of supervised release and to pay a special assessment of $100.00. BARKLEY pleaded guilty on February 3, 2020, to possession of a Smith & Wesson .38 caliber revolver, knowing and having reasonable cause to believe the firearm was stolen.

Court records show that on June 24, 2018, Sanford Police were investigating a shooting incident outside a nightclub when they received information about a gray Chevrolet Suburban seen near the nightclub. Police saw a gray Chevrolet Suburban traveling nearby, parking at a convenience store. BARKLEY was driving the vehicle, and he was arrested on unrelated outstanding warrants. After obtaining a search warrant for the vehicle, police found a loaded .38 caliber revolver on the front passenger seat under a plastic bag. The gun was reported stolen in Sanford in 2017. Police later obtained other warrants and conducted testing on the firearm, finding BARKLEY’S DNA on the gun.

The case was investigated by the Sanford Police Department and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Anand Ramaswamy.

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TEXARKANA, Texas – A 28-year-old Dallas, Texas, man has been sentenced for federal violations in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox today.

          On March 6, 2020, a federal jury found Collin Garrett Hayden guilty of obstruction of justice, and he pleaded guilty to possessing a weapon in jail before the trial began. He was sentenced to 200 months in federal prison today by U.S. District Judge Robert W. Schroeder, III.

          According to information presented in court, in 2016, law enforcement began an investigation into methamphetamine trafficking from Dallas into East Texas.  During the investigation, police intercepted Hayden and his roommate on an undercover recording offering to sell drugs to another individual. Further investigation revealed Hayden sold cocaine in the Dallas strip clubs in which he performed, and additionally sold methamphetamine to a Shreveport, Louisiana buyer. 

          When Hayden learned of his pending federal charges, he turned on his roommate and threatened to kill him. Hayden later described his plan to have the roommate killed by members of Hayden’s white supremacist prison gang.  While in custody at the Titus County jail, Hayden obtained a shank-type weapon and threatened to kill any guards who entered his cell, all in retaliation for a guard reporting Hayden for attempting to illegally obtain a cell phone by bribe.  Hayden was indicted by a federal grand jury on April 19, 2017, and charged with federal violations.

          The case was investigated by the Mount Pleasant office of the Texas Department of Public Safety, Criminal Investigation Division and prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Donald Carter.

BOSTON – An attorney was sentenced yesterday in federal court in Boston for his role in an international securities fraud scheme that sought to generate $15 million in fraudulent proceeds.

Milan Patel, 50, a resident of Minnesota, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 15 months in prison and ordered to pay a fine of $50,000. In February 2019, Patel pleaded guilty to one count of conspiracy to commit securities fraud and one count of securities fraud.

From 2013 to 2018, Patel and co-conspirators Morrie Tobin, Matthew Ledvina and Roger Knox conspired to disguise their ownership and control of various microcap securities, and to employ paid promotional campaigns and manipulative trading techniques to artificially inflate the price and trading volume of those stocks so that Tobin and others could secretly sell their shares at a substantial profit. Patel, together with Ledvina, helped Tobin create shell companies to disguise Tobin’s control of the shares, enabling Tobin to sell the shares to unsuspecting investors.   

Tobin pleaded guilty in February 2019 and was sentenced yesterday to one year and one day in prison and ordered to pay a fine of $100,000 and forfeiture of $4 million. Ledvina was sentenced in June 2020 to 30 months of probation and ordered to pay a fine of $50,000. Knox previously pleaded guilty and is currently scheduled to be sentenced on Sept. 30, 2020.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. The Boston regional office of the SEC provided assistance with the investigation. Assistant U.S. Attorneys Eric S. Rosen and James R. Drabick of Lelling’s Securities, Financial and Cyber Fraud Unit are prosecuting the case.

United States Attorney Joe Kelly announced that James R. Barger, Jr., 49, was sentenced today in federal court in Omaha for harboring illegal aliens for commercial advantage and private financial gain. United States District Judge Robert F. Rossiter, Jr., expressing concerns about COVID-19 in the jails, sentenced Barger to two years’ supervised release and required Barger to perform 80 hours of community service per year. Barger will also pay a money forfeiture judgment in the amount of $150,000.

Barger is the principal owner of J.R. Barger & Sons, Inc., an Omaha-based commercial concrete company. In April 2018, federal agents visited various J.R. Barger & Sons worksites and identified 27 field employees of the company who were in the United States illegally. Agents determined that several of the employees were employed under falsified identification documents and Barger was aware of the illegal status of at least some of his employees and had permitted employees to change identification documents during the course of their employment. Barger also permitted undocumented workers to purchase used company vehicles in order to further facilitate their employment at J.R. Barger & Sons.

“Protecting the integrity of the U.S. immigration system is a key component of our homeland security mission,” said Katherine Greer, Special Agent in Charge of HSI Kansas City. “Enforcing immigration and hiring laws helps protect jobs for U.S. citizens and lawful residents.”

This case was investigated by Homeland Security Investigations with assistance from the United States Department of Housing and Urban Development Office of Inspector General and Immigration and Customs Enforcement.

Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that DONNELL RUSSELL, manager of music recording artist Robert Sylvester Kelly, better known as “R. Kelly,” was charged in two counts with threatening physical harm by interstate communication, and conspiracy to do the same, for placing a threatening phone call to a theater in Manhattan to prevent the December 4, 2018, screening of a docuseries exploring allegations of R. Kelly’s sexual abuse of minor girls and adult women.  RUSSELL is expected to make his initial appearance later today before U.S. Magistrate Judge Ona T. Wang.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, Donnell Russell used threats of violence to stop a screening of a docuseries devoted to exploring allegations of sexual abuse against women and minor girls by the recording artist R. Kelly.  By allegedly threatening a shooting at the theater, Russell prevented the screening, which was attended by a number of R. Kelly’s alleged victims.  Threats of gun violence aimed at intimidating and silencing victims of sexual abuse are unlawful as well as unacceptable.  We are committed to aggressively investigating and prosecuting such crimes.”

FBI Assistant Director William F. Sweeney Jr. said:  “It defies logic that a threat like the one alleged here could stop victims from speaking about their alleged abuse.  The violence Mr. Russell allegedly threatened succeeded in shutting down one airing of the documentary, but he was unable to silence the women featured in the film.  Each and every day, we do everything in our power to make sure victims of sexual abuse have the opportunity to be heard, and will continue to do so regardless of those who allegedly use violence as a means to stop them.”

According to the allegations contained in the Complaint[1] unsealed today in Manhattan federal court and publicly available documents:

DONNELL RUSSELL, then-manager for R. Kelly, participated in a coordinated effort, including through the use of threats of violence, to prevent the screening in December 2018 of a multi-part documentary or “docuseries” entitled “Surviving R. Kelly” at NeueHouse, a theater in New York, New York (the “Screening”).  The docuseries explores allegations that R. Kelly engaged in abusive sexual relationships with minor girls and adult women.

Throughout the day of the Screening, RUSSELL, who was located in Chicago, Illinois, worked with, among others, another individual associated with R. Kelly (“CC-1”) who was in New York the day of the Screening, to draft correspondence to an executive at the Lifetime television channel discouraging the executive from airing the docuseries.  Additionally, RUSSELL admitted that he sent NeueHouse a “cease and desist” letter to stop the Screening from going forward.  When that failed to stop the Screening, RUSSELL attempted to contact various law enforcement agencies in and around the theater, seemingly in a further effort to disrupt the Screening.  RUSSELL contacted a NeueHouse employee directly, via a landline associated with RUSSELL’s home address in Chicago, to threaten that there was a person in the theater with a gun prepared to shoot up the Screening (the “Threat Call”).  After receiving the Threat Call, the NeueHouse employee called 911.  NeueHouse cancelled the Screening and evacuated the theater.

*                *                *

RUSSELL, 45, of Chicago, Illinois, is charged with one count of conspiracy to threaten physical harm by interstate communication and one count of threatening physical harm by interstate communication, each of which carries a maximum penalty of five years in prison.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the FBI and Special Agents with the United States Attorney’s Office for the Southern District of New York.

This case is being handled by the Office’s Public Corruption Unit.  Assistant United States Attorneys Peter J. Davis and Lara Pomerantz are in charge of the prosecution.

The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

BOSTON – A Lowell man was indicted yesterday by a federal grand jury in connection with advertising the sale of a firearm on Snapchat.   

Juan Aparicio, 29, who was indicted on one count of being a felon in possession of a firearm and ammunition and one count of possession with intent to distribute cocaine, will be arraigned in federal court at a later date. Aparicio was arrested and charged by criminal complaint on June 10, 2020.

According to the charging documents, on Jan. 6, 2020, law enforcement searched Aparicio’s residence after viewing Snapchat videos that evening showing Aparicio offering to sell numerous firearms. A loaded assault rifle and cocaine were recovered during the search. Due to previous convictions punishable by more than one year in prison, Aparicio is prohibited from possessing firearms and ammunition.

The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, one year of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Middlesex County District Attorney Marian T. Ryan; and Superintendent Raymond Kelly Richardson of the Lowell Police Department made the announcement. Assistant U.S. Attorney Evan Panich of Lelling’s Office is prosecuting the case.

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

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Bourne man was indicted yesterday by a federal grand jury on charges of receipt and possession of child pornography.

Bryan C. Mileikis, 33, was indicted on one count of receipt of child pornography and one count of possession of child pornography. Mileikis was arrested on July 1, 2020 and charged by criminal complaint.

According to the charging documents, on June 11, 2019, law enforcement executed a search warrant at Mileikis’ home and seized an iPhone belonging to Mileikis. A forensic examination of the phone revealed images and videos depicting child pornography.

The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a mandatory minimum of five years and up to life of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, a mandatory minimum of five years and up to life of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; and Bourne Chief of Police Dennis Woodside made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.

The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identity and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

            DOÑA ANA COUNTY, N.M. – On Friday, August 7, Border Patrol agents apprehended Luis Arias-Yanez, 54, a previously deported felon residing illegally in Anthony, New Mexico.

            According to the criminal complaint, Arias-Yanez, a citizen of Mexico, was deported via Del Rio, Texas, on June 21, 2016, subsequent to a conviction for voluntary manslaughter in 1990. Border patrol agents had received information about Arias-Yanez living in New Mexico. It was determined that Arias-Yanez had no authorization to be or remain in the United States and there is no evidence that he has received permission from the appropriate authority to reapply for admission to the United States.

            Under federal law, an alien who previously has been arrested and convicted of a felony and subsequently deported from the United States may not lawfully re-enter the country without the consent of the appropriate authority of the United States to apply for admission.

A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Arias-Yanez faces up to 20 years in prison.

            This case was investigated by the U.S. Border Patrol in coordination with the Doña Ana County Sheriff’s Department. Assistant U.S. Attorney Christopher S. McNair is prosecuting the case.

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Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Alfonso Lorenzo Boyd (36, Tampa) to 15 years and 8 months in federal prison and Victor Jason Valentin (28, Mulberry) to 3 years and 10 months in federal prison for conspiring to distribute heroin and fentanyl. Boyd and Valentin had pleaded guilty in October 2019. 

According to court documents, in November 2017, law enforcement began an investigation into narcotics trafficking at an apartment complex in Plant City, after a resident of the complex had died from a drug overdose. The investigation revealed that Boyd and Valentin had been selling drugs from an apartment they shared in the complex. Witnesses described seeing large numbers of people coming and going from their apartment, some of them clearly intoxicated. The overdose victim was a neighbor who had purchased heroin and fentanyl from Boyd and Valentin.

Boyd, a career offender, obtained, mixed, packaged, and sold the heroin and fentanyl, calling it “feny dope.” Valentin facilitated sales to residents of the apartment complex.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, and the Plant City Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.

A St. Louis-area dentist has been sentenced to prison for defrauding Illinois Medicaid out of
hundreds of thousands of dollars over a period of several years. Dr. Yun Sup Kim, 49, of St. Louis,
appeared this morning via videoconference at the federal courthouse in Benton, Illinois, and was
sentenced to 12 months and one day in federal prison. Kim pled guilty to three counts of health
care fraud back in February.

The case against Kim arose from a regulatory audit initiated in 2015 after claims data showed Kim
had performed more cavity fillings and surgical tooth extractions than nearly any other dentist in
Illinois. Investigators discovered that from August 2014 through December 2017, Kim had repeatedly
submitted false bills for cavity fillings and surgical tooth extractions. Court records list over
1,300 patients for whom Kim falsely claimed to have performed eight or more cavity fillings in a
single day. Kim conceded in court that he did not actually numb, drill, and fill cavities in those
teeth. Kim further admitted billing simple extractions to Medicaid as if they had been surgical
extractions, which are more expensive, and confessed that he had falsified dates of service on
numerous occasions to evade Medicaid billing rules for dental sealants.

In April, as part of his plea agreement with the United States, Kim agreed to the entry of a
consent decree revoking his license to practice dentistry in Illinois. Kim’s sentence also includes
restitution  to  Illinois  Medicaid  and  Medicaid  managed  care  organizations  in  the  amount
of
$671,845.20, which Kim has already paid in full. United States District Judge Staci M. Yandle found
these factors mitigating but also emphasized the need for a period of incarceration to deter other
health care practitioners from committing the same offense. Judge Yandle observed that many of
Kim’s Medicaid-eligible patients were physically harmed by his failure to provide them proper
dental care and that Kim had not demonstrated any remorse for his conduct.

Kim was ordered to self-surrender for his prison term on Nov. 13, 2020. A one-year term of
supervised release was also imposed.

The investigation was conducted by the Illinois State Police Medicaid Fraud Control Unit, the U.S.
Department of Health and Human Services – Office of Inspector General, and the   FBI.
Assistant U.S. Attorney Nathan D. Stump prosecuted the case.