BOSTON – A Malden woman was arrested today and charged with stealing Social Security benefits and bank embezzlement.   

Materesa Jose, 52, was charged with one count of theft of public funds and one count of bank embezzlement. Jose was arrested today and will make an initial appearance before U.S. District Court Magistrate Judge Jennifer Boal at 3:30 p.m. 

According to the indictment, Jose, while an employee at Eastern Bank, stole approximately $27,605 from the bank, some of which consisted of Social Security benefits, from September 2017 through July 2018.

The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of bank embezzlement provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. 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; Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Matthew Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.

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.

PITTSBURGH, PA - A former resident of Braddock, Pennsylvania, has been sentenced in federal court to three years’ imprisonment and three years of supervised release on his conviction of narcotics trafficking, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Arthur J. Schwab imposed the sentence on Dorian Boyd, age 26, formerly of 524 13th Street, Braddock, PA.

According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Boyd and other individuals were identified as members and/or associates of a neighborhood based street gang, self-titled "SCO", which illegally distributed controlled substances in the greater Pittsburgh region..

In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Boyd, along with 32 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.

The Court was informed that Boyd is a close associate of SCO, including its leader, Howard McFadden and, based upon intercepted communications occurring over three telephones that were intercepted, law enforcement confirmed that Boyd was a heroin and cocaine base distributor. Boyd admitted, in conjunction with his plea, that he initially served as a runner for McFadden but, over time, he began operating one of the telephones used to communicate with drug customers that law enforcement intercepted. Boyd often directed drug customers to meet him at the Library Street basketball courts parking lot or at his residence on 13th Street where he would facilitate the drug transaction. The Court was further informed that on June 12, 2019, law enforcement seized, among other items, two firearms from Mr. Boyd’s residence, one of which was located on a bookshelf in the kitchen with a round chambered and full magazine.

Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.

United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Moore. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.

This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.

U.S. Attorney Justin Herdman announced today that a federal grand jury in Cleveland has returned a four-count indictment charging Walter Ray Poindexter, age 32, of Cleveland with false information and hoaxes.

According to court documents, on March 14, 2020, Greater Cleveland Regional Transit Authority (GCRTA) Police Officers responded to calls of an intoxicated individual aboard a downtown trolley, later identified as Poindexter. The defendant was subsequently arrested and transported to the Cuyahoga County Jail due to an outstanding warrant in Franklin County. During the processing of the defendant for public intoxication and a parole violation warrant, the defendant allegedly claimed that he had difficulty breathing and that he had the coronavirus. As the GCRTA officers attempted to carry the defendant into the jail, the defendant is accused of purposefully coughing into the police officers’ faces. The defendant is also accused of intentionally coughing in the direction of the Cuyahoga County Jail nurse after repeatedly claiming that he had coronavirus.

The defendant was then transferred to MetroHealth hospital for medical evaluation. Upon arrival in the emergency room, the defendant is alleged to have repeatedly claimed to have coronavirus and once again began coughing and spitting in the direction of the paramedics, police officers and hospital staff. It is alleged that while the paramedics attempted to move the defendant from the gurney to the hospital bed, the defendant sat up and spat directly in the face of a paramedic.

The defendant and paramedic were later administered a pathogen test that came back as negative for the virus.

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

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

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

This case was investigated by the Cleveland Division of the FBI and the Greater Cleveland Regional Transit Authority Police. This case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Jerome J. Teresinski.                

JOHNSTOWN, Pa. – A Somerset County resident has been sentenced in federal court to 135 months in prison and ten years’ supervised release on his conviction of violating federal child pornography and firearms laws, United States Attorney Scott W. Brady announced today.

United States District Judge Kim R. Gibson imposed the sentence on William M. Jones, 51, of Stoystown, Pa.

According to information presented to the court, on September 18, 2019, Jones knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. Further, Jones was found in possession of a firearm and ammunition. In 2003, Jones was convicted in Howard County, Indiana, of child molestation, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.

Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.

Mr. Brady commended the US Immigration and Customs Enforcement/Homeland Security Investigations for the investigation that led to the successful prosecution of Jones.

LAS VEGAS, Nev.— Edgar Marin-Melendrez, 29, a citizen of Mexico, and Misael Elias, 22, of Bell, California, made their initial appearances in federal court yesterday before U.S. Magistrate Judge Cam Ferenbach for allegedly possessing with the intent to distribute more than 60 pounds of methamphetamine, announced U.S. Attorney Nicholas A. Trutanich of the District of Nevada and Assistant Special Agent in Charge Daniel Neill of the Drug Enforcement Administration (DEA).

Marin-Melendrez and Elias were each charged in a criminal complaint with one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. A preliminary hearing has been scheduled before U.S. Magistrate Judge Cam Ferenbach for September 1, 2020.

As alleged in the complaint, on August 14, 2020, Marin-Melendrez and Elias met a buyer in a parking lot in North Las Vegas, with the intent to sell more than 60 pounds of methamphetamine. Law enforcement apprehended Marin-Melendrez and Elias in the parking lot. The trunk of their vehicle contained approximately 28,000 grams (62 pounds) of methamphetamine in a suitcase.

Marin-Melendrez and Elias each face a statutory maximum sentence of life in prison and a $10,000,000 fine for each count. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only.

A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty in a court of law. 

This case was the product of an investigation by the DEA.

###

NEWARK, N.J. – A Union County, New Jersey, man has been indicted on charges of making corrupt payments to a public official, wire fraud, and using a facility in interstate commerce to facilitate bribery, U.S. Attorney Craig Carpenito announced today.

Jeanmarie Zahore, 56, of Rahway, New Jersey, is charged in an indictment unsealed today with one count of making corrupt payments to an agent of a local government receiving federal funds, two counts of wire fraud, and one count of violating the Travel Act to carry on bribery. Zahore made his initial appearance before U.S. Magistrate Judge Cathy L. Waldor and was released on $100,000 unsecured bond. No date has been scheduled for Zahore’s arraignment.

According to the indictment:

Zahore was the sole owner of JZ Nettech, a computer consulting business that he operated out of his residence. On Sept.15, 2015, the City Council of Orange Township, New Jersey, passed a resolution awarding JZ Nettech, without competitive bidding, a $350,000 emergency contract to install a computer networking system at a municipal complex that housed the Orange Municipal Court and the Orange Police Department (the “Municipal Complex Project”).

From August 2015 through at least Nov. 23, 2015, Zahore engaged in a scheme to offer and give corrupt cash payments to an unnamed Orange public official (“Individual 1”) to influence and reward Individual 1 for using Individual 1’s influence to arrange for Orange to award JZ Nettech the emergency contract and to facilitate payments from Orange to JZ Nettech.

After communications between Zahore and Individual 1, at a meeting at the Municipal Complex on Sept. 14, 2015, Individual 1 advised a senior official of the Orange Municipal Court (the “Court Official”) and a senior official of the Orange Police Department (the “Police Department Official”) that: (a) there was an urgent need to address a potential security vulnerability in the Municipal Complex’s computer network, and (b) JZ Nettech had been selected as the vendor to fix the problem. Individual 1 caused Orange to issue a Certification of Funds, certifying that $350,000 was available for the Municipal Complex Project and identifying the vendor as JZ Nettech.

On Sept. 15, 2015, Individual 1 spoke before the Orange City Council in support of allocating emergency funds for the Municipal Complex Project and awarding the Municipal Complex Project to JZ Nettech. At the meeting, during which Orange City Council members raised questions about the selection of JZ Nettech as the vendor for the Municipal Complex Project, Individual 1 did not disclose that Individual 1 had engaged in communications with Zahore since at least Aug. 31, 2015.

On Sept. 16, 2015, the day after the Orange City Council approved the $350,000 contract, Individual 1 approved the issuance of a blanket purchase order authorizing Orange to pay JZ Nettech $350,000 in connection with the Municipal Complex Project.

On Sept. 17, 2015, after Zahore and Individual 1 text-messaged about Zahore’s invoice to Orange and meeting with each other, Zahore sent an email to Orange Employee 1, attached to which was a JZ Nettech “invoice related to the 1st stage of the project” seeking a payment of $115,000.  On the same date, Zahore sent a text message to Individual 1, stating, “I sent [the JZ Nettech invoice for $115,000] to [Orange Employee 1]. Do you want a copy sent to u?”

On Sept. 18, 2015, Zahore sent an email to Orange Employee 1, attached to which was a revised JZ Nettech invoice, still seeking a payment of $115,000, but now indicating that $34,460 of the $115,000 was for the “Purchase of wiring for buildings.” On the same date, at Individual 1’s direction, the Police Department Official signed and approved a purchase order for the payment of $115,000 to JZ Nettech for the “PURCH[ASE] OF WIRING/CABLE/SUPPLIES” for the Municipal Complex Project. Typically, vendors are not pre-paid by Orange to purchase supplies for a project.

From Sept. 18, 2015, to Nov. 10, 2015, Zahore received and deposited three Orange checks totaling $350,000 in connection with the Municipal Complex Project into a bank account for him and JZ Nettech.

On Nov. 20, 2015, and Nov. 23, 2015, Zahore withdrew a total of approximately $50,000 in cash from this bank account, which was obtained, in substantial part, from the funds paid by Orange. On each of those same dates, Zahore gave, and Individual 1 accepted, approximately $10,000 in cash, which was intended to influence and reward Individual 1 for Individual 1’s assistance in connection with the Municipal Complex Project. Zahore characterized those two cash payments to Individual 1 totaling approximately $20,000 in a spreadsheet that Zahore maintained of expenses related to the Municipal Complex Project as follows:

Each of the following charges carries the following maximum potential penalties:

The count of making corrupt payments to an agent of a local government receiving federal funds is punishable by a maximum of 10 years in prison; the count of wire fraud is punishable by a maximum of 20 years in prison; and the count of use of an interstate facility to facilitate bribery is punishable by a maximum of five years in prison. Each count also carries a potential fine of $250,000.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s charges.

The government is represented by Assistant U.S. Attorneys Cari Fais and J Fortier Imbert of the U.S. Attorney’s Office’s Special Prosecutions Division.

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

PHILADELPHIA – United States Attorney William M. McSwain announced that Gaafar Muhammed Ebrahim Al-Wazer, 25, of Altoona, PA, was charged by Indictment with three counts of making false statements to Task Force Officers with the Federal Bureau of Investigation’s Philadelphia Joint Terrorism Task Force. The defendant was previously arrested at his home in Altoona on November 7, 2019, pursuant to a Criminal Complaint, and has been detained since then, following a finding by U.S. Magistrate Judge Marilyn Heffley that he presented a risk of flight and danger to the community.

According to the Indictment and Criminal Complaint, FBI counterterrorism investigators questioned Al-Wazer, a Yemeni citizen, on May 17, 2016 about his affiliation with the Houthi movement, known formally as Ansar Allah. Ansar Allah is the armed rebel group that toppled Yemen’s government and has fought in an ongoing civil war there for years. Al-Wazer allegedly denied to the FBI that he was aligned with the Houthi movement, whose motto is “Allah is the greatest of all, Death to America, Death to Israel, Curse upon the Jews, Victory to Islam,” and further denied that he had ever fired a weapon or participated in military or militia training.

To the contrary, however, the court documents allege that a search of Al-Wazer’s Facebook account revealed numerous postings and photographs in which he extolled and praised Ansar Allah, its objectives and its fighters who were killed in battle against the Yemeni government and its Saudi and U.S.-backed forces. In these postings, Al-Wazer was armed with automatic weapons (including a rocket-propelled grenade launcher). Al-Wazer’s Facebook account allegedly included a posting of a photograph of him and others bearing automatic assault rifles and pledging that they would stay on the path of jihad and wishing death to the United States and Israel and victory to Islam. In another posting, Al-Wazer again bears a machine gun in a photograph, which is accompanied by a pledge to Ansar Allah to the death.

“Just as when Al-Wazer was arrested and detained in November 2019, today’s Indictment demonstrates that lying to counter-terrorism officers in the course of their official duties is a crime,” said U.S. Attorney McSwain. “Al-Wazer was welcomed into our country for the educational opportunities available here, and he is entitled to hold and express his political and religious beliefs as freely as anyone else in this country -- no matter how vile and disgusting they are. But what he cannot do is lie to federal officers when directly questioned about his activities and beliefs. I want to thank our partners in the FBI’s Joint Terrorism Task Force for their continued vigilance in this case.” 

“People have the right to their own beliefs — the FBI isn’t the ‘thought police,’ nor do we want to be,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “But lying to federal agents about your ideology and your actions is illegal, for good reason. If the people we interview feel they can deceive us with impunity, false information will hobble vital investigations. We can’t allow the mission of our Joint Terrorism Task Force to be derailed like that. The stakes are just too high.”

If convicted, the defendant faces a maximum possible sentence of five years’ imprisonment, three years of supervised release, a $250,000 fine, a $100 special assessment, per count.

The case was investigated by the Federal Bureau of Investigation’s Philadelphia Joint Terrorism Task Force, and is being prosecuted by Assistant United States Attorney Nelson S.T. Thayer, Jr.

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

ELKINS, WEST VIRGINIA – Richard Scott Connally, of Montrose, West Virginia, was indicted on methamphetamine and firearms charges, U.S. Attorney Bill Powell announced.

Connally, 25, was indicted on one count of “Possession with Intent to Distribute at Least 50 Grams of Methamphetamine” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.” Connally is accused of having more than 50 grams of methamphetamine in October 2019 in Randolph County. Connally is also accused of having a 9mm pistol at the time of the methamphetamine possession. 

Connally faces at least 10 years and up to life incarceration and a fine of up to $10 million the methamphetamine charge. He faces at least five years of incarceration and a fine of up to $250,000 for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force and the Randolph County Sheriff’s Office investigated.

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

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Roy Jones, 55, formerly of Rochester, NY, was sentenced to serve 20 years in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney John J. Field, who handled the case, stated that in the summer of 2006, the defendant produced child pornography involving two minors, one of whom was under Jones’ custody, care, and control. Jones, who produced the images and videos in the Rochester area over a period of years, did so after giving his minor victims alcohol and drugs. The defendant, after saving pornographic images of the minors to multiple storage media devices, transported them from New York to Tennessee. Jones was subsequently arrested and convicted in Tennessee on similar charges involving other minors.

Upon hearing of Jones’ arrest in Tennessee, one of his Rochester victims, who is now an adult, contacted the FBI to report what had occurred to her during her childhood. The victim reported that the defendant, while in Rochester, groomed and sexually abused her for many years.

The sentencing is the result of an investigation by the Hamblen County, Tennessee, Sheriff’s Office, under the direction of Sheriff Esco R. Jarnagin, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

# # # #

A Southfield man was charged in a criminal complaint for his alleged role in a multi-state unemployment insurance fraud scheme aimed at defrauding the State of Michigan, the State of Pennsylvania, and the U.S. Government of funds earmarked for unemployment assistance during the COVID-19 pandemic, announced United States Attorney Matthew Schneider.

Joining in the announcement were Special Agent-in-Charge Steven M. D’Antuono, Federal Bureau of Investigation; Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General; and Chief Phil Langmeyer, Bloomfield Township Police Department.

Charged is Samuel George Baker, 37.

According to the complaint, Baker has filed numerous fraudulent applications for unemployment insurance benefits in the names of various individuals in state of Pennsylvania, causing over $150,000 in fraudulent UI benefits to be paid out unlawfully.  It is alleged that during the application process, Baker requested the benefits to be paid out via debit card, and then caused the cards to be mailed to various addresses here in Michigan. The cards were then loaded with additional UI payments every two weeks, throughout the duration of the scheme. According the complaint, Baker began making near-daily withdrawals in July 2020, using multiple cards each day. Baker is also alleged to have used proceeds from his crimes to purchase at least one piece of high-end jewelry—a rare, $45,000 Rolex watch.

It is also alleged that in May 2020, Baker filed multiple fraudulent Michigan unemployment insurance claims, using false social security numbers and fake driver’s licenses. Investigation into this aspect of Baker’s scheme remains ongoing; however, it is alleged that Baker has already received more than $37,000 in benefits from his Michigan unemployment claims.  

“At a time when thousands of people are out of work because of the pandemic, Samuel Baker is charged with stealing unemployment benefits that should have gone to Michiganders trying to feed their families.  Anyone who steals unemployment funds steals from the people of Michigan,” stated United States Attorney Schneider.

“Mr. Baker's scheme exploited a fund designed specifically to support Americans during this incredibly challenging time,” said Steven M. D’Antuono, Special Agent in Charge of the FBI in Michigan. “Thanks to the hard work of all of the agencies involved in this investigation, those individuals who need the support at this critical time will be able to receive it.”

“An important mission of the Office of Inspector General is to investigate allegations relating to unemployment insurance fraud. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Special Agent-in-Charge Irene Lindow, Chicago Region, U.S. Department of Labor Office of Inspector General.

A complaint is only a charge and is not evidence of guilt.  Trial cannot be held on felony charges in a complaint.  When the investigation is completed, a determination will be made whether to seek a felony indictment.

This case is being prosecuted by Assistant United States Attorney Ryan A. Particka.  The investigation is being conducted jointly by the Federal Bureau of Investigation, the Department of Labor, Office of the Inspector General, and the Bloomfield Township Police Department.

The United States Attorney's Office for the Eastern District of Michigan congratulates the American Islamic Community Center (AICC) on the beginning of construction of its new mosque in Sterling Heights, Michigan, which was the subject of an earlier federal lawsuit brought by the Justice Department.

In 2016, the U.S. Attorney’s Office and the Civil Rights Division filed a lawsuit against Sterling Heights, Michigan, alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied approval for AICC to build a mosque in the city.  The AICC sought to build in Sterling Heights because the location was more convenient for its members and its current space had become inadequate for its religious, educational and social needs. The lawsuit alleged that the denial imposed a substantial burden on AICC’s religious exercise, as well as religious discrimination. 

The Justice Department’s case settled in February, 2017, paving the way for the construction of AICC’s new mosque.  Today, the American Islamic Community Center celebrated this victory in a ribbon cutting ceremony. 

“The Constitution protects the rights of religious communities from discriminatory practices,” said United States Attorney Matthew Schneider.  “We are happy to join AICC on this very important day.  While it is a shame that it had to face delays and unnecessary obstacles, AICC’s beautiful new building will stand as a lasting reminder of the importance to fight for the religious rights of all Americans.  We are so pleased that the U.S. Attorney’s Office could assist AICC in its journey.”

RLUIPA, enacted in 2000, contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religious exercise.  Persons who believe that they been subjected to religious discrimination in land use or zoning may contact the U.S. Attorney’s Office of the Eastern District of Michigan’s Civil Rights Hotline at (313) 226-9151 or usamie.civilrights@usdoj.gov

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2010 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit https://www.justice.gov/usao-edmi/programs/civil-rights.

.

# # #

ELKINS, WEST VIRGINIA – Rodney Allen Rowan, of Buckhannon, West Virginia, was indicted today on methamphetamine and firearms charges, U.S. Attorney Bill Powell announced.

Rowan, 25, was indicted on one count of “Possession with Intent to Distribute at Least 50 Grams of Methamphetamine” and one count of “Unlawful Possession of a Firearm.” Rowan is accused of having more than 50 grams of methamphetamine in November 2019 in Upshur County. Rowan, who is prohibited from having a firearm because of a prior offense, is accused of having a .380 caliber pistol in November 2019 in Upshur County. 

Rowan faces at least 10 years and up to life incarceration and a fine of up to $10 million the methamphetamine charge. He faces up to 10 years of incarceration and a fine of up to $250,000 for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, West Virginia State Police, and the Upshur County Sheriff’s Office investigated.

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

ELKINS, WEST VIRGINIA – Gavin Collins, of Newell, West Virginia, was indicted today on charges involving child pornography, U.S. Attorney Bill Powell announced.

Collins, 29, was indicted by a grand jury on one count of “Production of Child Pornography by Person Having Custody or Control” and one county of “Distribution of Child Pornography.” Collins is accused of producing child pornography with a minor in his custody from September 2018 to July 2020 in Hancock County and distributed child pornography in July 2020.

Collins faces at least 15 years and up to 30 years of incarceration and a fine of up to $250,000 for the production charge and faces no less than five years and up to 20 years of incarceration for the distribution charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Federal Bureau of Investigation investigated.

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

DAYTON – Juwan Chino Dillard, of Dublin, Ohio, was sentenced in U.S. District Court to 270 months in prison for conspiring to possess with intent to distribute more than 40 grams of fentanyl.

According to court documents, Dillard participated in a drug trafficking organization that used residences and storage units in Dublin and Columbus to maintain a fentanyl distribution conspiracy.

In November 2018, investigators searched the properties and discovered 59 grams of fentanyl, a hydraulic press commonly used by drug traffickers to press kilogram quantities of narcotics, kilogram press plates and molds, models of Gucci and Louis Vuitton brand emblems for pressing into the narcotics and a written ledger indicated prices per kilogram of different narcotics.

Several bags of bulk cash were discovered in the storage facility on Old Avery Road in Dublin.

The court determined that the conspiracy was responsible for more than eight kilograms of fentanyl. In addition, law enforcement authorities seized more than $360,000 in this case.  

Dillard pleaded guilty in the narcotics conspiracy in July 2019.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); and Columbus Police Chief Thomas Quinlan announced the sentence imposed on Aug. 18 by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorney Dwight K. Keller is representing the United States in this case.

# # #

BOSTON – A Fall River woman pleaded guilty today in federal court to stealing Social Security disability benefits.    

Gloria Camara, 58, pleaded guilty to one count of theft of public funds and one count of making a false statement. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 19, 2020. 

Camara began receiving Social Security disability benefits in 1992. In November 2009, she began working as a caregiver, but she did not report her income to the Social Security Administration. Instead, during periodic eligibility reviews, including a review on April 20, 2017, Camara falsely told Social Security that her only income consisted of three months of unemployment compensation benefits in 2008, and sporadic wages from two companies between 2003 and 2011. Because she did not report her earnings as a caregiver, Camara stole approximately $84,222 in Social Security benefits from November 2009 through October 2019. 

The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater.  The charge of making a false statement provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. 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 and Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.

ELKINS, WEST VIRGINIA – Travis Charles White, of Kerens, West Virginia, was indicted on charges related to taking stolen items across state lines, U.S. Attorney Bill Powell announced.

White, 43, was indicted by a grand jury on two counts of “Interstate Transportation of Stolen Property.” White is accused of taking more than $16,000 of stolen U.S. Savings Bonds from West Virginia to Colorado, as well as taking a stolen 2007 Toyota RAV4 from West Virginia to Pennsylvania. The crimes are alleged to have occurred in February 2017 in Randolph County.

White faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The West Virginia State Police investigated.

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

Former FBI attorney Kevin Clinesmith, 38, pleaded guilty today in the U.S. District Court for the District of Columbia to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application, announced John H. Durham, Special Attorney to the Attorney General.

Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the guilty plea proceeding occurred via videoconference before U.S. District Judge James E. Boasberg.

According to court documents and statements made in court, between July 2015 and September 2019, Clinesmith was employed with the FBI as an Assistant General Counsel in the National Security and Cyber Law Branch of the FBI’s Office of General Counsel in Washington, D.C.  On July 31, 2016, the FBI opened a Foreign Agents Registration Act investigation, known as “Crossfire Hurricane,” into whether individuals associated with the Donald J. Trump for President Campaign were coordinating activities with the Russian government.  By August 16, 2016, the FBI had opened cases under the Crossfire Hurricane umbrella on four individuals, including an individual identified in this case as “Individual #1.”

Clinesmith was assigned to provide legal support to FBI personnel working on Crossfire Hurricane, and he assisted FBI personnel with applications prepared by the FBI and the Justice Department’s National Security Division to conduct surveillance under the FISA.  During the investigation, there were a total of four court-approved FISA applications targeting Individual #1.  Each of the FISA applications alleged there was probable cause that Individual #1 was a knowing agent of a foreign power, specifically Russia.

On August 17, 2016, prior to the approval of the first FISA application #1, another U.S. government agency (“OGA”) provided certain members of the Crossfire Hurricane team a memorandum indicating that Individual #1 had been approved as an “operational contact” for the OGA from 2008 to 2013 and detailing information that Individual #1 had provided to the OGA concerning Individual #1’s prior contacts with certain Russian intelligence officers.  The first three FISA applications did not include Individual #1’s history or status with the OGA.

Prior to the submission of the fourth FISA application, and after Individual #1 stated publicly that he/she had assisted the U.S. government in the past, an FBI Supervisory Special Agent (“SSA”) asked Clinesmith to inquire with the OGA as to whether Individual #1 had ever been a “source” for the OGA.  On June 15, 2017, Clinesmith sent an email to a liaison at the OGA (“OGA Liaison”) seeking clarification as to whether Individual #1 was an OGA source, and the OGA Liaison responded via email to Clinesmith.  On June 19, 2017, Clinesmith altered the email he received from the OGA Liaison by adding the words “not a source,” and then forwarded the email to the FBI SSA.  Relying on the altered email, on June 29, 2017, the SSA signed and submitted the fourth FISA application to the U.S. Foreign Intelligence Surveillance Court.  The application did not include Individual #1’s history or status with the OGA.

Clinesmith pleaded guilty to one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.  Judge Boasberg scheduled sentencing for December 10, 2020.

This case is being prosecuted by Special Assistant U.S. Attorney Neeraj N. Patel and Assistant U.S. Attorney Anthony Scarpelli, with the support and assistance of other members of Special Attorney Durham’s team.

Orlando, Florida – U.S. District Judge G. Kendall Sharp today sentenced Antonio Chandler (40, Sanford) to five years in federal prison for conspiracy to possess with the intent to distribute more than 500 grams of cocaine. Chandler had pleaded guilty to his role in the conspiracy on June 4, 2020. His co-conspirators, Dondi Kentrail Freeney and Telvin Williams, pleaded guilty in June 2019. They were sentenced to seven years and six months and five years in federal prison, respectively. A fourth conspirator, Benjamin Robinson, was found guilty after a jury trial on August 9, 2019. He was sentenced to more than nine years in federal prison.  

According to testimony and evidence presented at trial and during court hearings, in January 2016, Chandler and his co-conspirators arranged for multiple shipments of cocaine to be sent through the United States Postal Service (USPS) from California. During the investigation, the FBI and USPS seized three of the packages, each containing two kilograms of cocaine hidden inside tubs of protein powder. Law enforcement was also identified four additional shipments that the conspirators had successfully shipped through the mail. In 2016, during the month of January Robinson and his co-conspirators were responsible for shipping 14 kilograms of cocaine through the mail, estimated to be worth a total $490,000.     

This case was investigated by the Federal Bureau of Investigation, with assistance from the U.S. Postal Inspection Service, the Lake County Sherriff’s Office, and the Volusia Bureau of Investigation. It was prosecuted by Assistant United States Attorney Dana E. Hill.

NEWARK, N.J. – A Passaic County, New Jersey, man today admitted conspiring to distribute heroin and to distributing a quantity of heroin, U.S. Attorney Craig Carpenito announced.

Dwayne Northern, a/k/a “Black,” a/k/a “D Black,” 35, of Paterson, New Jersey, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to an information charging him with conspiracy to distribute and possess with the intent to distribute heroin and knowingly and intentionally distributing heroin.

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

The defendant and his conspirators are members and associates of the 230 Boys street gang, which operates primarily around Rosa Parks Boulevard and Godwin Avenue in Paterson. Through investigative techniques, including numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement determined that from at least September 2018 through Oct. 1, 2019, the defendant and his conspirators conspired to distribute narcotics, including heroin and fentanyl.

Each count to which Northern pleaded guilty carries a maximum penalty of 20 years in prison and a fine of at least $1 million. Sentencing is scheduled for Dec. 21, 2020.

This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

U.S. Attorney Carpenito credited special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Charlie J. Patterson; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan; officers of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora; detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia Valdes; and the Passaic County Sheriff’s Office, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charges. He also thanked the U.S. Marshals Service, the Bergen County Sheriff's Office and the Belleville and Livingston police departments for their assistance with the case.

The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit.

Ocala, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced a Mexican citizen, J. Refugio Medina-Zamarripa (40, Mascotte), to two years in federal prison for passport fraud and aggravated identity theft. Medina-Zamarripa had pleaded guilty on January 13, 2020.

According to court records, Medina-Zamarripa had been living in the United States under a false identity for 15 years. During that time, he fraudulently acquired several state-issued identification cards and a United States passport. When Medina-Zamarripa attempted to renew the passport in 2017, U.S. Department of State investigators discovered that he was using the identity of an American citizen living in Texas, who had been the victim of identity theft.

Following his federal prison sentence, Medina-Zamarripa will be deported back to Mexico.

This case was investigated by U.S. Department of State’s Diplomatic Security Service, with support from the Department of Homeland Security’s U.S. Customs and Border Protection. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.