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Sioux County Man Pleads Guilty to Possession With Intent to Distribute Meth

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A man who possessed with intent to distribute methamphetamine pled guilty August 13, 2020, in federal court in Sioux City.

Ernesto Soto, 30, from Hawarden, Iowa, was convicted of one count of possession with intent to distribute methamphetamine. 

At the plea hearing Soto admitted that on February 5, 2020, Woodbury County, Sheriff’s Deputy conducted a traffic stop of the vehicle Soto was traveling in. Upon conducting a probable cause search within the vehicle, law enforcement discovered approximately 34 grams methamphetamine, 1.6 grams cocaine, baggies, and a glass smoking device with residue located in a black bag that belonged to Soto.  The methamphetamine, cocaine, and baggies were concealed in a pop can with a false bottom.  At least 5 grams of the approximately 34 grams was actual (pure) methamphetamine.  In May 19, 2014, Soto was convicted in the Iowa District Court for Sioux County, of intent to manufacture/deliver methamphetamine under 5 grams. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Soto remains in custody of the United States Marshal and will remain in custody pending sentencing.  Soto faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least 4 years up to life of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl

The case file number is 20-4033. 

Follow us on Twitter @USAO_NDIA.


Great Falls drug trafficker sentenced to prison after more than five pounds of meth seized

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GREAT FALLS — A Great Falls man who admitted trafficking methamphetamine after agents found more than five pounds of the drug at his residence was sentenced today to six years and eight months in prison and five years of supervised release, U.S. Attorney Kurt Alme said.

Tony Ray Sangrey, 35, pleaded guilty in April to possession with intent to distribute meth.

Chief U.S. District Judge Brian M. Morris presided.

The prosecution said in court documents that in May 2019, Drug Enforcement Administration agents in Bakersfield, CA, contacted DEA agents in Montana with information that a California man was bringing pounds of meth to Great Falls. The Montana agents also learned that the meth was likely destined for Sangrey's residence.

The investigation determined that a meth shipment should have arrived at Sangrey's home in a black BMW. Great Falls police immediately went to Sangrey's home and saw a black BMW parked near the garage. Officers informed Sangrey they were securing the residence and getting a search warrant.

During a search of the garage, officers found a small room labeled "man cave." Inside this room, detectives found a safe and a computer used to monitor the exterior surveillance system on the house and garage. The safe contained a dozen pre-packaged bags of meth that totaled nearly one pound. In the BMW, officers found five heat-sealed bags of meth weighing almost five pounds. The total amount of meth seized was the equivalent of about 20,294 doses. Sangrey acknowledged to officers that he began dealing meth in the summer of 2018.

Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the DEA, Russell Country Drug Task Force and the Great Falls Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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Grand Jury Returns Indictments

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MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today.  You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Eau Claire Woman Charged With Gun & Drug Crimes

Diana Xiong, 31, Eau Claire, Wisconsin, is charged with being a felon in possession of a firearm and two counts of distributing methamphetamine.  The indictment alleges that she possessed a .25 caliber pistol on May 20, 2020, and that she distributed methamphetamine on May 28 and June 1, 2020.

If convicted, Xiong faces a maximum penalty of 10 years in federal prison on the gun charge, and 20 years on each of the drug charges. 

The charges against her are the result of an investigation by the Dunn County Sheriff’s Office; Menomonie Police Department; West Central Drug Task Force; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Wisconsin Department of Justice Division of Criminal Investigation; Central Wisconsin Drug Task Force; Brown County Drug Task Force; and St. Paul (Minnesota) Task Force.  Assistant U.S. Attorney Taylor L. Kraus is handling the prosecution.

Waunakee Man Charged with Illegally Possessing Firearm

Samuel A. Schiltz, 19, Waunakee, Wisconsin, is charged with being a felon in possession of a firearm.  The indictment alleges that on May 11, 2020, he possessed a .40 caliber handgun.

If convicted, Schiltz faces a maximum penalty of 10 years in federal prison.  The charge against him is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wisconsin Department of Justice Division of Criminal Investigation.  Assistant U.S. Attorney Corey C. Stephan is handling the prosecution.

Evansville Woman Charged with Fraud Scheme

Nichole Genz, 40, Evansville, Wisconsin, is charged with conspiring to commit wire fraud and nine counts of wire fraud in relation to a scheme to defraud her employer, Learning Gardens Child Development Center, a business that provided child care services for infants and toddlers.  Learning Gardens is a subsidiary entity of Park Towne Development Corporation, a Madison, Wisconsin-based company.  The indictment alleges that Genz, working with an individual not named in the indictment who was employed as the accounting manager at Park Towne, caused losses in excess of $311,000 to Park Towne and its subsidiaries, including Learning Gardens. 

The indictment alleges that from January 2014 to September 2018, while employed as the Executive Director at Learning Gardens, Genz and her co-conspirator embezzled funds from Park Towne by the following methods:

  1. Depositing some tuition checks into the Learning Gardens petty cash account and withdrawing the funds in cash, instead of depositing them into the Park Towne main operating account;
  2. Issuing checks from other Park Town subsidiaries that were altered to make them payable to cash, or to Learning Gardens, which were deposited into the Learning Gardens petty cash account and withdrawn in cash;
  3. Creating altered bank statements for the Learning Gardens petty cash account;
  4. Creating a false bank statement reconciliation spreadsheet for the Learning Gardens petty cash account;
  5. Misusing Learning Gardens debit cards to purchase items for Genz’s personal use; and
  6. Misusing Learning Gardens credit cards to purchase items for Genz’s personal use.

If convicted, Genz faces a maximum penalty of 20 years in federal prison on each of the 10 counts of the indictment.  The charges against her are the result of an investigation by the Madison Police Department.  Assistant U.S. Attorney Daniel J. Graber is handling the prosecution.

Oneida County Woman Charged With False Statements

Peggy A. Faulkner, 58, Three Lakes, Wisconsin, is charged with making false and fraudulent statements in connection with health care benefits involving the U.S. Department of Labor’s Office of Workers’ Compensation Programs.  The indictment alleges that from January 2014 through December 2015, she submitted multiple forms requesting reimbursement for mileage to appointments associated with her workers’ compensation injury, knowing that she did not actually incur such expense.

If convicted, Faulkner faces a maximum penalty of five years in federal prison.  The charge against her is the result of an investigation by the U.S. Postal Service, Office of Inspector General.  Assistant U.S. Attorney Robert A. Anderson is handling the prosecution. 

Dane County Man Faces Additional Charges Related to Attempts to Produce Child Pornography Using Hidden Recording Devices

David M. Kruchten, 38, Cottage Grove, Wisconsin, is charged in a superseding indictment with 14 counts of attempting to produce child pornography through use of hidden recording devices, and one count of transporting minors from Wisconsin to Minnesota with the intent to produce child pornography through use of hidden recording devices.  Kruchten previously was charged in an indictment returned by the grand jury on January 29, 2020 with seven counts of attempting to produce child pornography using hidden recording devices on October 27, 2019 and January 20, 2019.  Seven of the additional counts in the superseding indictment allege that he attempted to produce child pornography on October 29, 2018 using hidden recording devices, and the other additional count alleges that he transported seven minors from Wisconsin to Minnesota on December 6, 2019, with the intent to produce child pornography using hidden recording devices.

Kruchten, a teacher at Madison East High School, was arrested on January 30 and has been detained in custody since.  A date has not been scheduled for his trial, which will take place before Chief U.S. District Judge James D. Peterson. 

If convicted, Kruchten faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison on each count in the indictment.  The charges against him are the result of an investigation by the Wisconsin Department of Justice Division of Criminal Investigation, Cottage Grove Police Department, and Minneapolis Police Department.  Assistant U.S. Attorneys Elizabeth Altman and Laura Przybylinski Finn are handling the prosecution.

Hood River Man Sentenced for Role in Interstate Marijuana Trafficking and Money Laundering Conspiracy

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PORTLAND, Ore.—A Hood River, Oregon man was sentenced to federal prison last week for his role in a conspiracy to traffic marijuana grown in Hood River and Portland to Florida, and launder the proceeds back to Oregon, announced U.S. Attorney Billy J. Williams. On August 14, 2020, Cole William Griffiths, 32, was sentenced to two years in federal prison and five years’ supervised release.

According to court documents, in April 2018, following several months of investigation, authorities executed a search warrant at Griffiths’ Hood River residence, seizing 4,376 marijuana plants, $7,700 in cash, firearms, ammunition and several vehicles. Griffiths was not present during the search, having just left for Florida. Investigators later seized a yacht Griffiths owned in Florida valued at approximately $225,000.

On August 21, 2018, a federal grand jury in Portland returned a three-count indictment charging Griffiths with conspiring to manufacture, possess with the intent to distribute, and distribute marijuana and maintaining drug-involved premises; conspiring to commit money laundering; and illegally possessing a firearm as a convicted felon. On April 22, 2019, Griffiths pleaded guilty to the first two counts.

During sentencing, U.S. District Court Judge Robert E. Jones ordered Griffiths to forfeit any criminally-derived proceeds and property used to facilitate his crimes, including more than $256,956 in U.S. currency; a 2000 Sealine F44 Yacht; eight vehicles; two all-terrain vehicles; four trailers; heavy construction equipment; and 14 firearms.

This case was investigated by the U.S. Drug Enforcement Administration, IRS Criminal Investigation, Homeland Security Investigations, and the FBI. It was prosecuted by the U.S. Attorney’s Office for the District of Oregon.

This case was brought as part of the Justice Department’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the department’s strategy for reducing the availability of drugs in the U.S. OCDETF was established in 1982 to mount a comprehensive attack on drug trafficking by disrupting and dismantling major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in coordination with state and local law enforcement.

Florida Man Pleads Guilty To Threatening A VA Employee

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

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael F. Hanley, 49, of Clearwater, Florida, pleaded guilty, before U.S. Magistrate Judge Michael J. Roemer, to threatening a federal employee. The charge carries a maximum penalty of one year in prison and $100,000 fine.

Assistant U.S. Attorney Douglas A. Penrose, who is handling the case, stated that the defendant was formerly employed by the United States Department of Veterans Affairs (VA) as a Veterans Claims Examiner. During his tenure at the VA, Hanley became acquainted with another VA employee (Victim), and the two had a history of contentious interactions.

The defendant left a series of similar voicemails on the Victim’s phone between October 15, 2018, and November 13, 2019, in which he threatened to kill the Victim and the Victim’s family.

The plea is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.

Sentencing is scheduled for November 18, 2020, at 10:30 a.m. before Judge Roemer.

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Portland Man Charged with Assaulting Deputy U.S. Marshal with Baseball Bat During July Riot at Federal Courthouse

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PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland man has been charged with assaulting a U.S. Marshals Service deputy with a baseball bat during a riot at the Mark O. Hatfield U.S. Courthouse in downtown Portland on July 27, 2020.

Dakotah Ray Horton, 24, has been charged by criminal complaint with one count of assaulting a federal officer.

“Assaulting a federal officer with a dangerous weapon is a serious violent crime,” said U.S. Attorney Williams. “I applaud the tenacity of the deputy U.S. Marshals who, for multiple weeks, worked tirelessly to identify this defendant.”

“This case is a shining example how law enforcement successfully works together to pursue violent opportunists that assault federal law enforcement personnel as they are serving their community—in this case, literally protecting the institution of American justice, said Acting Special Agent in Charge Eben Roberts. “HSI stands ready to assist in these types of investigations to ensure law enforcement can safely and effectively perform its congressional mandate.”

For several weeks in June and July 2020, the Hatfield Federal Courthouse was the site of large demonstrations and protests. On many nights, after peaceful demonstrations ended, the courthouse was the repeated target of vandalism. U.S. Marshals Service deputies and officers from the Federal Protective Service, Homeland Security Investigations, and U.S. Customs and Border Protection working to protect the building were subjected to threats and assaults from rioters while performing their duties.

According to court documents, in the early morning hours of July 27, 2020, rioters attempted to destroy a security fence in front of the Hatfield Federal Courthouse with power tools. Rioters proceeded to attack law enforcement officers by throwing hard objects, glass bottles, and explosive devices at them.

After rioters ignored repeated orders to leave the area, the U.S. Marshals Service formed a line in front of them and began to move forward to disperse the crowd. As deputies approached, they attempted to arrest an individual for assaulting an officer. As one of the deputies knelt on the ground to assist with the arrest, Horton approached from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat causing non-life-threatening injuries. When the deputy turned around, he observed Horton pointing the bat at him. The assault was witnessed by multiple individuals and captured on several internet video feeds.

On August 2, 2020, the U.S. Marshals Service distributed a bulletin to law enforcement agencies in the Portland metropolitan area seeking assistance in identifying Horton. The bulletin included a full body photo of Horton as well as many close-ups of his face collected from videos posted online. Two weeks later, on August 17, 2020, a deputy U.S. Marshal observed an individual in the Rock Creek area of Washington County matching Horton’s physical appearance as depicted in the bulletin. The individual, later confirmed to be Horton, was arrested without incident. During his arrest, deputies found a loaded firearm concealed in Horton’s waistband.

Horton made his initial appearance in federal court on August 18, 2020 before a U.S. Magistrate Judge. Today, he was ordered detained pending further court proceedings.

Assaulting a federal officer with a deadly or dangerous weapon is punishable by up to 20 years in federal prison.

This case was investigated by the U.S. Marshals Service with assistance from Homeland Security Investigations and the Washington County Sheriff’s Office. It is being prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.

A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.

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.

Horton strikes a deputy U.S. Marshal with a wooden baseball bat.
Horton strikes a deputy U.S. Marshal with a wooden baseball bat.
Second angle of Horton striking a deputy U.S. Marshal with a wooden baseball bat.
Second angle of Horton striking a deputy U.S. Marshal with a wooden baseball bat.
Horton shortly after assaulting a deputy U.S. Marshal.
Horton shortly after assaulting a deputy U.S. Marshal.
Detail of clothing worn by Horton during assault on a deputy U.S. Marshal.
Detail of clothing worn by Horton during assault on a deputy U.S. Marshal.
Horton after his August 17 arrest.
Horton after his August 17 arrest.

 

Commerce Man Sentenced for Distributing Methamphetamine and Cocaine

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A Commerce man was sentenced Tuesday in federal court for distribution of methamphetamine, possession of methamphetamine with intent to distribute, and possession of cocaine with intent to distribute, announced U.S. Attorney Trent Shores.

Chief U.S. District Judge John E. Dowdell sentenced Jorge Alberto Moreno, 39, to nine years in federal prison to be followed by four years of supervised release. Judge Dowdell noted that while committing these crimes Moreno possessed a firearm, which posed a further threat to the community.

“Moreno’s drug operation is closed for business thanks to the combined efforts of federal, state, and local law enforcement working together,” said U.S. Attorney Trent Shores. “With Moreno behind bars for the next nine years, families living in Commerce can feel safer. Dealers in both rural and urban areas of northeastern Oklahoma will be brought to justice for their crimes.”

On March 2, 2020, Moreno pleaded guilty to the charges and admitted that in March 2019, he distributed 25 grams of methamphetamine in exchange for $400. He further acknowledged that in September 2019 he possessed with the intent to distribute both methamphetamine and cocaine. During the investigation, law enforcement discovered methamphetamine, cocaine and $32,000 in cash hidden in a closet in Moreno’s home.

Moreno remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.

This conviction was the part of the Organized Crime Drug Enforcement Task Force’s Operation Hot Rails. The Oklahoma Bureau of Narcotics and Dangerous Drugs, the Drug Enforcement Administration and the Commerce Police Department conducted the investigation. Assistant U.S. Attorney Thomas E. Duncombe prosecuted the case.

Woman Pleads Guilty To Bank Robbery

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NEW ORLEANS, LOUISIANA – CATHOLINE HAMMETT, age 29, a resident of New Orleans, pled guilty to bank robbery before the Honorable Lance Africk, announced U.S. Attorney Peter G. Strasser. HAMMETT faces maximum penalties of 20 years imprisonment, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. Sentencing is currently scheduled for December 2, 2020 at 2:00 p.m.

According to the indictment, on or about January 8, 2020, HAMMETT entered the Iberia Bank located at 3412 St. Charles, Ave in New Orleans. She handed the teller a note that claimed HAMMETT had a bomb, and demanded money. HAMMETT obtained approximately $633 and left the bank.  

U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Supervisor of the General Crimes Unit.

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Two U.S. Citizens, One Pakistani National Charged with Moving U.S. Currency to Iran

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            WASHINGTON – A complaint was unsealed today, charging two U.S. citizens with federal crimes related to Iran.  Muzzamil Zaidi, 35, a U.S. citizen who resides in Qom, Iran, was charged with acting in the United States as an agent of the government of Iran without first notifying the Attorney General.  Zaidi, Asim Naqvi, 35, a U.S. citizen who lives in Houston, Texas, and Ali Chawla, 36, a Pakistani national who lives in Qom, Iran, were all charged with violations of the International Emergency Economic Powers Act.  The complaint alleges that both charges stem from the defendants’ campaign to transport U.S. currency from the United States to Iran on behalf of the Supreme Leader of Iran in 2018 and 2019.  Both Zaidi and Naqvi were arrested in Houston on August 18, 2020.

            “Disrupting Iran’s ability to raise U.S. dollars is key to combatting its ability to sponsor international terrorism and destabilize the Middle East, including through its military presence in Yemen,” said Assistant Attorney General for National Security John C. Demers.  “Zaidi, Naqvi, and Chawla allegedly raised money in the United States on behalf of Iran’s Supreme Leader, and illegally channeled these dollars to the government of Iran.  As a result of the charges unsealed today, their unlawful scheme has been exposed and brought to an end.  The U.S. Department of Justice and its National Security Division are committed to holding accountable individuals who operate covert networks within the United States in order to provide support and funds to hostile foreign governments like Iran in violation of U.S. law.”

            “This case is significant on many levels,” said Michael R. Sherwin, Acting United States Attorney for the District of Columbia.  “To begin, as alleged in the criminal complaint, the defendants have considerable operational links to the IRGC, which has conducted multiple terrorist operations throughout the world over the past several years.  The life-blood of these terrorist operation is cash – and the defendants played a key role in facilitating that critical component.”

            “The charges unsealed today demonstrate our commitment to preventing agents of hostile foreign governments from having access and freedom to operate within the borders of the United States,” said James A. Dawson, Acting Assistant Director in Charge of the FBI’s Washington Field Office. “In addition to violating the Foreign Agents Registration Act, Zaidi allegedly operated with his co-conspirators at the behest of the Iranian government—a known sponsor of terrorism—to overtly solicit U.S. money to further Iranian causes, in violation of the International Emergency Economic Powers Act (IEEPA). This is why IEEPA was established: to prevent hostile foreign governments from leveraging the U.S. financial system in furtherance of their global destabilizing endeavors.” 

            "The arrests in this case are the direct result of the undeterred efforts of the FBI Houston Counterterrorism investigative team," said FBI Houston Field Office Special Agent in Charge, Perrye K. Turner. "By engaging in around the clock collaboration with multiple Field Offices and Intelligence Community partners, our agents ensure that those who send money to terrorist regimes will ultimately be held accountable and lose their freedom."

            As alleged in the affidavit in support of a criminal complaint, Zaidi offered his services to the Supreme Leader of Iran in or around July 2015 and said that he could serve the “Islamic Republic in the socio-political or another field.”  The complaint alleges that Zaidi traveled to Syria in or around June 2018 and that, while there, flew to an active war zone in an armed Iranian military or intelligence aircraft.  The complaint alleges that Zaidi had access to bases under the command of the Iran’s Islamic Revolutionary Guards Corps (IRGC) while in that war zone, including a “Sepah Qods” (IRGC Qods Force) base. The IRGC was designated as a terrorist organization by the U.S. on April 4, 2019. Qassem Soleimani, a major general in the IRGC, was commander of the Qods Force until he was killed in a U.S. airstrike on Jan. 3, 2020.

            According to the complaint, in December 2018, Zaidi and other members of an organization known as “Islamic Pulse,” including Chawla, received the permission of the Supreme Leader of Iran to collect khums, a religious tax, on the Supreme Leader’s behalf, and to send half of that money to Yemen.  The complaint alleges that permission was formalized on or about Feb. 28, 2019, in a letter confirming the permission of the Supreme Leader of Iran and another Ayatollah to spend khums money in Yemen.

            Based on the complaint, in or around July 2019, Islamic Pulse released a video soliciting donations for its purported Yemen campaign that showed money moving from the United States and other Western countries to Yemen through Iran.  The complaint alleges that Chawla replied to donors’ concerns about how the campaign was able to get money into Yemen by stating that the matter could not be discussed over email. The complaint further alleges that Chawla sought U.S. dollars specifically, stated that Islamic Pulse could not accept electronic transfers, and admitted that Islamic Pulse was not a registered charity. 

            The complaint alleges that after the United States placed sanctions on the Supreme Leader of Iran in June 2019, Zaidi told Naqvi that the action was a “straight hit on khums.”  The complaint alleges that in summer and fall 2019 Zaidi and Naqvi continued to collect U.S. currency in the United States and have it transported to Iran, sometimes via Iraq, structured in such a way as to avoid reporting requirements.  After a group of 25 travelers carried money destined for Iran on behalf of Zaidi and Naqvi in October 2019, Zaidi and Naqvi discussed the screening the travelers underwent at the airport and Naqvi’s hope that none of the travelers would confess to authorities upon their return.

            The complaint alleges that, during his current stay in the United States, which began in June 2020, Zaidi has exhibited behavior that is consistent with having received training from a foreign government or foreign intelligence service, such as the government of Iran or IRGC.  According to the complaint, that behavior includes a reluctance to discuss matters over the phone, or even over encrypted applications, because Zaidi claims that doing so could be dangerous.

            The charges in criminal complaints are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. The maximum penalty for a violation of 18 U.S.C. § 951 is 10 years, and the maximum penalty for a violation of the International Emergency Economic Powers Act is 20 years.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.

            The investigation into this matter was conducted by the FBI’s Washington Field Office and Houston Field Office.  The case is being prosecuted by the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with the Counterintelligence and Export Control Section and Counterterrorism Section of the National Security Division of the Department of Justice.

Collin County Man Sentenced for Firearms Violation in Connection with Teen’s Death

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SHERMAN, Texas – A 19-year-old McKinney, Texas man has been sentenced for federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Stephen. J. Cox today.                

              Christopher Lamarr Sterkes pleaded guilty on June 1, 2020, to possession of a firearm by a drug user and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to a total of 144 months in federal prison today by U.S. District Judge Amos Mazzant. 

              According to information presented in court, on March 8, 2019, Sterkes met four men in a van in Anna, Texas, intending to sell them approximately 14 grams of marijuana.  The men began assaulting Sterkes in an attempt to rob him of the marijuana instead of paying for it.  Sterkes, armed with a pistol, managed to escape from the van and fired three shots into the van as it drove away.  One of the men inside the van, 16-year-old Alejandro Camacho, was struck by the gunfire and died.  Sterkes was indicted by a federal grand jury on August 14, 2019.

               This case was prosecuted as part of the Project Safe Neighborhoods Initiative.  Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.

              This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Anna Police Department, and the Texas Department of Public Safety Texas Rangers.  This case was prosecuted by Assistant U.S. Attorney Maureen Smith.

Attorney General William P. Barr Announces Updates on Operation Legend at Press Conference in Kansas City, Missouri

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Garrison with Barr, Powell, Smith

U.S. Attorney Tim Garrison introduced U.S. Attorney General William P. Barr at a press conference in Kansas City. He was joined by LeGend's parents, Charron Powell and Raphael Taliferro, and Kansas City Police Chief Rick Smith.

KANSAS CITY, Mo. – At a press conference in Kansas City, Missouri, today, Attorney General William P. Barr announced updates on Operation Legend.

“Operation LeGend is working,” said U.S. Attorney Tim Garrison in introducing Attorney General Barr. “In just four weeks, it has resulted in the arrests of 18 homicide suspects and the seizure of over 70 illegal firearms. In June, Kansas City had more than three killings every four days. Since our announcement on July 8, that rate has been reduced to fewer than three killings every five days. There is much to be done, but to use the parlance of our day, we are flattening the curve in Kansas City.”

“We are grateful here in Kansas City for these additional resources,” added Garrison, who was joined by U.S. Attorneys from across the United States who have launched Operation LeGend in their districts, “and we are gratified to see Operation LeGend expand to other cities represented by my colleagues here.”

Since the operation’s launch, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts. Of those arrests, approximately 217 defendants have been charged with federal crimes. These numbers exclude Indianapolis, whose operation was just announced last Friday. In addition, nearly 400 firearms have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. 

Launched first in Kansas City, MO., on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district, with the exception of Indianapolis, is below. 

Kansas City, MO.

43 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition to the federal charges, the operation has led to the arrests of 17 state defendants on homicide charges. 

-    20 defendants have been charged with being a felon in possession of a firearm;
-    17 defendants have been charged with drug trafficking;
-    Four defendants have been charged with being a drug user in possession of a firearm; 
-    Six defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
-    Four defendants have been charged with being in possession of a firearm in furtherance of violent crime;
-    One defendant has been charged with being a felon in possession of ammunition;
-    Three defendants have been charged with armed robbery;
-    One defendant has been charged with carjacking; and
-    One defendant has been charged with arson.

Chicago, Ill. 

61 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. 
34 defendants have been charged with firearms-related offenses; 
26 defendants have been charged with narcotics-related offenses; 
One defendant has been charged with possession of machine gun; 
One defendant has been charged with illegally dealing firearms without a license; 
One defendant has been charged with the illegal sale of firearm to prohibited person; and
One defendant has been charged with bank fraud.

Albuquerque, NM.

16 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses.

Six defendants have been charged with conspiracy to distribute controlled substances;
Four defendants have been charged with distribution of controlled substances;
Six defendants have been charged with possession with intent to distribute a controlled substance;
Four defendants have been charged with being in possession of a firearm in furtherance of drug trafficking;
Eight defendants have been charged with being a felon in possession of a firearm;
One defendant has been charged with being in possession of a stolen firearm;
Two defendants have been charged with Hobbs Act violations; and
One defendant has been charged with carjacking.

Cleveland, OH.

32 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. Two defendants remain fugitives.
22 defendants have been charged with federal drug trafficking charges; 
Nine defendants have been charged with federal firearms violations; and 
One defendant had been charged with carjacking. 

Detroit, MI.

22 defendants have been charged with federal offenses outlined below, with some defendants charged with multiple offenses. 

14 defendants have been charged with being a felon in possession of a firearm;
Two defendants have been charged with possession with the intent to distribute controlled substances;
Two defendants have been charged with possession of a firearm in furtherance of drug trafficking;
Three defendants have been charged with receipt of a firearm while under indictment;
Four defendants have been charged with making false statement to a licensed firearm dealer; and
Two defendants have been charged with carjacking.

Milwaukee, WI.

11 defendants have been charged with federal crimes outlined below, with some defendants charged with multiple offenses. In addition, thus far, 28 firearms have been seized.

Eight defendants have been charged with being a felon in possession of a firearm;
Five defendants have been charged with possession with intent to distribute narcotics; 
Four defendants have been charged with possession of a firearm in furtherance of drug trafficking;
Two defendants have been charged with making false statements to a licensed firearm dealer;
One defendant has been charged with possession of a firearm while being an unlawful user of narcotics;
One defendant has been charged with being a felon in possession of ammunition; and
One defendant has been charged with distribution of narcotics.

St. Louis, MO.
25 defendants have been charged with federal crimes, with some defendants charged with multiple offenses.

-    One defendant has been charged with drug trafficking and possession of a firearm in furtherance of a drug trafficking crime following the USMS’s execution of a state arrest warrant;
-    One defendant has been charged with robbery of an item effecting interstate commerce and possession of a firearm in furtherance of a crime of violence following an joint ATF, SLMPD-initiated undercover operation targeting a known shooter;
-    One defendant has been charged with being a felon in possession of a firearm following ATF’s execution of a federal search warrant directed towards the residence of a suspected murderer;
-    21 defendants have been charged with drug trafficking offenses; and
-    One defendant has been charged with being a drug user in possession of a firearm. 

Memphis, Tenn.
Seven defendants have been charged with federal offenses, with some defendants charged with multiple offenses.

One defendant has been charged with being an alien in possession of a firearm while illegally or unlawfully in the United States;
-    One defendant, who lives in Memphis, was charged in an out-of-district federal case with conspiracy to distribute methamphetamine;
Two defendants have been charged with being unlawful users of a controlled substance in possession of a firearm and making a material false statement when acquiring a firearm from a Federal Firearms Licensee (FFL); and
Two cases remain under seal, but the charges are as follows:
One defendant has been charged with bank robbery
Two defendants charged with theft from an FFL.
 

Fifth Defendant Faces Federal Charges For Alleged Role In Salt Lake City Police Department Vehicle Arson Case

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SALT LAKE CITY – A federal complaint unsealed Wednesday charges a fifth individual with one count of using fire and explosives to damage and destroy a Salt Lake City Police Department patrol car during May 30, 2020, riots in Salt Lake City.  

Larry Raynold Williams, Jr., 22, of West Haven was arrested at his home Wednesday morning on the arson charge by the FBI and members of its Joint Terrorism Task Force.  The Air Force Office of Special Investigations at Hill Air Force Base (HAFB) assisted the FBI.  According to the complaint, Williams is an Airman First Class in the U.S. Air Force.  He is stationed at HAFB in northern Utah.

During the afternoon of May 30, 2020, a peaceful protest in downtown Salt Lake City transitioned into acts of destruction, property damage, arson, and other criminal conduct. During the riot, a Salt Lake City police officer, driving a police vehicle, became boxed-in and immobilized by surrounding protestors.  Fearing for her safety, the officer fled from her patrol car. Her patrol vehicle was subsequently overturned, vandalized, looted, and then set on fire.  Video footage from the event shows individual rioters using fire and explosives to damage and destroy the police vehicle. Federal prosecutors in Utah have filed arson charges against five individuals allegedly responsible for burning the patrol vehicle.

“Since May 30, investigators and prosecutors have engaged in a determined investigation of those who were responsible for burning the police patrol car in downtown Salt Lake City. Our intent has been to bring consequence to the lawlessness that we witnessed. While available video and photographs played a prominent role in the investigation, solid investigative efforts by agents and detectives made the difference in these arrests,” U.S. Attorney John W. Huber said today.

According to the complaint, video footage from the afternoon of May 30, 2020, shows a white male, later identified by law enforcement as Christopher Isidro Rojas, standing next to an African American male.  This individual, subsequently identified by law enforcement as Williams, was dressed in a black Nike hoodie, black Nike sweatpants, black shoes, and a black gas mask.

Rojas was observed holding a blue cigarette lighter in his hands while Williams held a white combustible fabric material, similar to a tablecloth or bedsheet, according to the complaint.  Rojas used the cigarette lighter to ignite the fabric. Once the fabric began to burn, the complaint alleges Williams threw the material into the window of the overturned patrol car.  The burning material landed partially within the interior of the patrol car and partially on the street.

Williams was wearing a gasmask. Investigators subsequently identified the gas mask worn by Williams as an M50 Joint Service General Protective Mask. Clarified photographs of Williams wearing the mask revealed lettering on its attached M61 filter canister, written in what appeared to be white marker, which stated, “TRNG ONLY.” A lot number was also observed on the canister, according to the complaint.

Williams was also observed unmasked at the riot. Law enforcement officers were able to use several photographs to identify Williams.   

Williams was identified as an Airman First Class in the U.S. Air Force, stationed at Hill Air Force Base.  He was issued an M50 gas mask by his unit for training purposes in March 2020. Markings on the mask are consistent with the markings applied at HAFB. On Aug. 13, 2020, the readiness squadron at HAFB conducted a general inventory check of equipment issued to Williams and other members of his group during an exercise.  According to the complaint, serial/lot numbers were documented for each inventoried item.  The lot number for one of the gas canisters assigned to Williams was identical to the number observed on the gas mask as depicted in pictures taken at the riot. 

Williams will make an initial appearance on the arson charge at 3 p.m. Thursday before U.S. Magistrate Judge Dustin Pead.

Federal arson charges in the case are pending against Jackson Stuart Tamowski Patton, 26, Latroi Devon Newbins, 28, Christopher Rojas, 28, and Lateesha Richards, 24,  all of Salt Lake City, who were charged earlier.  Patton and Richards are in custody. Newbins and Rojas have been released on conditions of pretrial release. Previous complaints filed against Patton, Newbins, Rojas, and Richards have been consolidated in a one-count indictment returned by a federal grand jury on July 23, 2020.

Complaints and indictments are not findings of guilt.  Individuals charged in complaints or indictments are presumed innocent unless or until proven guilty in court. Arson carries a potential sentence of 20 years in prison with a minimum-mandatory five-year sentence.   

Assistant U.S. Attorneys from the Utah U.S. Attorney’s Office are prosecuting the case. Investigating agencies include members of the FBI’s JTTF, the Salt Lake City Police Department, the ATF and the Utah Department of Public Safety. 

Former Chattanooga Police Officer Sentenced To 20 Years In Prison For Sexual Assault

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CHATTANOOGA, Tenn. – Desmond Logan, 35, a former officer with the Chattanooga Police Department (CPD), was sentenced by the Honorable Curtis L. Collier, U.S. District Court Judge in the Eastern District of Tennessee at Chattanooga. 

Logan will serve 20 years in prison, the maximum sentenced permitted under the law, followed by three years of supervised release, for crimes involving sexual misconduct while on duty.  Logan previously pleaded guilty to two civil rights offenses on September 12, 2019. Logan will be required to register with the sex offender registry in any state in which he resides, works, or attends school, and comply with special sex offender conditions during the supervised release.

According to court documents filed in connection with the defendant’s guilty plea, the first offense occurred during the early morning hours of June 12, 2018.  The defendant, while on duty as a CPD police officer, handcuffed and arrested K.B.V. Rather than transporting K.B.V. directly to the Hamilton County Jail, the defendant drove K.B.V. in his squad car to an empty and isolated parking lot.  There, the defendant sexually assaulted K.B.V.

The second offense occurred on the evening of January 2, 2016.  The defendant, while working a security detail at the University of Tennessee in Chattanooga, entered the passenger seat of D.H.'s car and asked for a ride to his own car, which he claimed was parked in a different parking lot.  The defendant then directed D.H. to an empty and isolated parking lot.  Logan took out his taser and put it against D.H.'s leg, causing D.H. to fear that he would cause her further physical harm.  When D.H. tried to escape, Logan prevented her from getting out of the car.

In addition to these two offenses, the defendant admitted as part of his guilty plea that he sexually assaulted two other women.  In each instance, one on July 31, 2015 and the other on May 30, 2016, the defendant arrested each victim, and instead of transporting her to jail, drove her to a deserted area where he sexually assaulted her.

“The Department of Justice will vigorously prosecute officers who commit sexual assault,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.  “This case is a reminder that sexual assault allegations involving law enforcement officers should be fully investigated.  The Department will continue to take such allegations seriously and work to vindicate the Constitutional rights of those who are victimized by officers acting under color of law.”

“The actions of Desmond Logan jeopardized public safety and violated the trust of the citizens of Chattanooga he swore to protect.  This case exhibits our continued efforts to prosecute those who would abuse their authority to commit acts of violence and injustice against members of our community,” said U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee. “Our office will continue to stand by and protect the victims of such crimes.”

"Civil Rights violations, particularly when they involve a member of law enforcement, are of tremendous concern,” said Special Agent in Charge Joe Carrico of the FBI’s Knoxville Field Office.  “The entire law enforcement profession is tarnished when an officer betrays the oath to protect and serve.  The FBI will vigorously investigate any officer or agent of the law who is breaking the rules that he or she is sworn to uphold or is violating the civil rights of others."

This case was investigated by the Knoxville Division of the FBI, with the support of the Hamilton County Sheriff's Office.  Assistant United States Attorney James Brooks of the Eastern District of Tennessee and Special Litigation Counsel Fara Gold and Trial Attorney Olimpia Michel of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice prosecuted the case.

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U.S. Attorney John Lausch and Attorney General William P. Barr Provide Update on Operation Legend

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CHICAGO — John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, today joined Attorney General William P. Barr to announce an update on Operation Legend.

Operation Legend is a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.  As part of the initiative, the Department of Justice allocated additional investigators and resources to the FBI, DEA, ATF, and U.S. Marshals Service, and the Department of Homeland Security’s Homeland Security Investigations committed additional agents.

Since the operation’s launch in Chicago on July 22, 2020, 61 defendants have been charged in 49 cases alleging federal felony offenses relating to violent crime affecting the city of Chicago.  Those cases include more than 30 defendants facing a lead firearms-related charge, and more than 25 defendants facing a lead drug trafficking charge.  During Operation Legend, the U.S. Attorney’s Office and its federal partners have worked closely with state and local law enforcement, including the Chicago Police Department, Cook County Sheriff’s Office, and Illinois State Police.

“The substantial resources under Operation Legend have assisted our office in prosecuting firearm and drug trafficking offenses, which drive the unacceptable level of violent crime in Chicago,” said U.S. Attorney Lausch.  “We will continue to use these additional resources to investigate and prosecute trigger-pullers, drug traffickers, carjackers, and those who illegally traffic, use, and possess firearms.  Every reasonable strategy to combat violent crime must emphasize the rule of law and holding offenders accountable for the crimes they commit – these are necessary actions designed to ensure public safety.”

The federal cases brought in Chicago with the assistance of Operation Legend include:

  • A convicted felon who was charged with illegally possessing ammunition that had been loaded in a personally-manufactured firearm, also known as a “ghost gun.”  The gun allegedly discharged when Chicago Police officers pursued the defendant and arrested him.
  • An individual charged with a firearm offense after allegedly driving from Chicago to Indiana, purchasing seven firearms, and transporting the guns back to Chicago with the intent to sell them.
  • A convicted felon was charged with illegal possession of a firearm and using a firearm in furtherance of a drug trafficking crime after ATF agents found him in a hotel room in downtown Chicago with a personally-manufactured gun, ammunition, 17.5 kilograms of marijuana, and $1,400 in cash.
  • A Chicago resident was charged with illegally possessing a machinegun.  The semiautomatic handgun was equipped with an auto-sear device, also known as a “switch,” that made it capable of automatically shooting more than one shot without manually reloading.
  • A Chicago man was charged with dealing firearms without a license for allegedly selling three guns, including a rifle, to a confidential source who was cooperating with law enforcement.

Several of the cases involving felons in possession of firearms were charged directly in federal court after ATF agents worked side-by-side with the Chicago Police Department in neighborhoods of the city that have suffered through the highest number of shootings and homicides.  In other firearm investigations, the U.S. Attorney’s Office has worked with the Cook County State’s Attorney’s Office to determine the best forum in which to bring a prosecution.

U.S. Attorney Lausch and the Attorney General provided the Operation Legend update at a news conference in Kansas City, Mo. – where the operation was originally launched on July 8, 2020.  The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.  In addition to Kansas City and Chicago, Operation Legend has expanded to Albuquerque, Cleveland, Detroit, Milwaukee, St. Louis, Memphis, and Indianapolis.

In all of the operation’s cities thus far, there have been more than 1,000 arrests, including defendants who have been charged in state and local courts.  Of those arrests, approximately 217 defendants have been charged with federal crimes.  In addition, nearly 400 firearms have been seized by ATF.  These numbers do not include Indianapolis, whose operation was announced on Friday.

Bay Area Man Sentenced To Nine Years In Prison For Distributing And Possessing Child Pornography

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SAN JOSE – Oscar Sepulveda was sentenced to 108 months in prison and ordered to pay $9,000 in restitution for distributing and possessing child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.  The sentence was handed down by the Honorable Beth L. Freeman, U.S. District Judge.

Sepulveda, 34, of San Jose, pleaded guilty to the charges on October 8, 2019.  According to the plea agreement Sepulveda admitted to using a website which allowed him to share sexually explicit images with other users and communicate with other users about the images.  One such image was shared with 40 other users at one time. The defendant also possessed over 750 sexually explicit images of children on his personal devices.  Sepulveda also admitted that the website gave him access to videos some of which portrayed sexual abuse of an infant or toddler.  On November 29, 2018, a federal grand jury indicted Sepulveda charging him with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and one count of distribution of child pornography, in violation of 18 U.S.C. § 2252(a)(2).

In addition to the prison term, Judge Freeman also sentenced the defendant to a five-year period of supervised release and ordered him to pay restitution to the victims in an amount to be determined at a later hearing.  The defendant was immediately remanded into custody.  

Assistant U.S. Attorney Patrick R. Delahunty is prosecuting the case with the assistance of Susan Kreider.  The prosecution is the result of an investigation by HSI.
 


Founder And Chairman Of A Multinational Investment Company And A Company Consultant Convicted Of Bribery And Public Corruption Are Sentenced To Prison

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CHARLOTTE, N.C. – The founder and chairman of a multinational investment company and a company consultant were sentenced to prison today for orchestrating a bribery scheme involving independent expenditure accounts and improper campaign contributions. 

Greg E. Lindberg, 50, of Durham, North Carolina, the founder and chairman of Eli Global LLC (Eli Global) and the owner of Global Bankers Insurance Group (GBIG), was sentenced to 87 months in prison and three years of supervised release.  Lindberg’s consultant, John D. Gray, 70, of Chapel Hill, North Carolina, was ordered to serve 30 months in prison, followed by two years of supervised release.  Lindberg and Gray were also ordered to pay forfeiture in the amount approximately $1.45 million held in accounts established by the defendants for the purpose of funneling the bribe payments.

On March 5, 2020, a federal jury convicted Lindberg and Gray of conspiracy to commit honest services wire fraud and bribery concerning programs receiving federal funds following an approximately three-week trial.  U.S. District Judge Max O. Cogburn Jr. presided over the trial and today’s sentencing hearings.

Co-defendant, Robert Cannon Hayes, 74, of Concord, North Carolina, was also sentenced today to a one-year probationary term.  Hayes previously pleaded guilty to making false statements to the FBI and agreed to cooperate with the government’s investigation.

“When Greg Lindberg and John Gray offered millions of dollars in bribes to the North Carolina Insurance Commissioner, they referred to their elaborately corrupt scheme as a ‘win-win’ – unaware that the FBI was watching and listening,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.  “Today, both men have been held accountable for their crimes, and their sentences underscore the Department of Justice's unyielding commitment to rooting out corruption wherever we find it.”

“Lindberg and his accomplices, driven by greed, devised an extensive political bribery scheme to illegally funnel millions of dollars to an elected official for the benefit of Lindberg’s business interests.  To this day, Lindberg and Gray remain unremorseful and refuse to accept responsibility for their criminal actions.  The severity of their brazen conduct is reflected in the Court’s sentence,” said U.S. Attorney Andrew Murray for the Western District of North Carolina.  “Bribery of a public official is far from a victimless crime.  It is our duty to the American people to stop bad actors with deep pockets and unscrupulous intentions from wrecking the foundation on which this Country proudly stands.  To those that greedily seek to line their own pockets through deceit and fraud, I offer the following advice: Keep a travel toothbrush handy.”

“When the prison bars close behind Mr. Lindberg and Mr. Gray, they will hear the sound of justice, loud and clear,” said Special Agent in Charge John Strong of the FBI’s Charlotte Field Office.  “The FBI will root out any and all forms of public corruption.  We remain committed to ensuring those who attempt to interfere with the integrity of our democratic process pay the price.”

According to filed court documents, evidence presented at trial, and today’s sentencing hearings, in January 2018, the elected Commissioner (Commissioner) of the North Carolina Department of Insurance (NCDOI) reported concerns to the FBI about political contributions and other requests made by Lindberg and Gray, and agreed to cooperate with the federal investigation that was initiated. 

According to evidence presented at trial, from April 2017 to August 2018, Lindberg and Gray engaged in a bribery scheme involving independent expenditure accounts and improper campaign contributions for the purpose of causing the Commissioner to take official action favorable to Lindberg’s company, GBIG.  Trial evidence established that Lindberg and Gray gave, offered, and promised the Commissioner millions of dollars in campaign contributions and other things of value, in exchange for the removal of NCDOI’s Senior Deputy Commissioner, who was responsible for overseeing regulation and the periodic examination of GBIG. 

According to trial evidence, Lindberg, Gray and the Commissioner held numerous in-person meetings at different locations, including in Statesville, North Carolina, and had telephonic and other communications with each other, and others, to discuss Lindberg’s request for the personnel change in exchange for millions of dollars, and to devise a plan on how to funnel campaign contributions to the Commissioner anonymously.  In order to conceal the bribery scheme, at the direction of Lindberg, two corporate entities were set-up to form an independent expenditure committee with the purpose of supporting the Commissioner’s re-election campaign, and Lindberg funded the entities with $1.5 million as promised to the Commissioner.  In addition, at Lindberg and Gray’s direction, Hayes caused the transfer of $250,000 from monies Lindberg had previously contributed to a North Carolina state party of which Hayes was chairman, to the Commissioner’s re-election campaign.

According to admissions Hayes made in connection with his guilty plea, on or about Aug. 28, 2018, Hayes falsely stated to FBI agents that he had never spoken with the NCDOI Commissioner about personnel or personnel problems at NCDOI, or about Lindberg or Gray.  Hayes further admitted that, at the time he made the materially false statements, Hayes knew that it was unlawful to lie to the FBI, and knew that his statements were false because Hayes had in fact spoken with the NCDOI Commissioner about Lindberg and Gray, and about Lindberg’s request that the Commissioner move certain personnel within NCDOI.  

The FBI’s Charlotte field office investigated the case.

Trial Attorney James C. Mann of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys William T. Stetzer and Dana O. Washington of the U.S. Attorney’s Office for the Western District of North Carolina prosecuted the case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Yemeni Man Indicted on Charges of Lying to Joint Terrorism Task Force About Supporting Anti-American and Anti-Semitic Armed Insurgency

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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.

Attorney General and U.S. Attorney John Anderson Announce Updates on Operation Legend

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Kansas City, MO – At a press conference in Kansas City, Missouri, today, Attorney General William P. Barr and U.S. Attorney John Andersonannounced updates on Operation Legend.

The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to address persistently high rates of crimes in cities like Albuquerque. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. 

To date, 16 defendants in Albuquerque have been charged with federal crimes under Operation Legend, Those crimes include charges for felon in possession of a firearm, possession of a stolen firearm, carjacking, violations of the Hobbs Act, and possession of a firearm in furtherance of drug trafficking. Other drug trafficking charges include distribution of a controlled substance, conspiracy to distribute a controlled substance, and possession with intent to distribute a controlled substance.

“It has been clear from the persistently high violent crime rate that Albuquerque needed assistance, and Operation Legend is providing just that,” said John Anderson, U.S. Attorney for the District of New Mexico, who joined the Attorney General in Kansas City for the event. “The operation is off to a promising start, as we are already prosecuting cases under this initiative. Operation Legend was developed and implemented to address gun and dangerous crime, and is not intended to police any type of assembly, protest, or other First Amendment activity. We’ve held that promise and our record bears that out.

“I remain grateful to the Attorney General for his commitment to this effort,” said Anderson. “I also appreciate the hard work of law enforcement involved in the operation. The successes we’ve experienced so far are a testament to the coordination and cooperation of our partnering agencies.”

Launched first in Kansas City, on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020.

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Texas Duo to Serve Federal Prison Sentences for Multi-State Pharmacy Burglaries in Oklahoma and Kansas

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OKLAHOMA CITY – JEREMY BALLEW, 43, of Tyler, Texas, and DANIELLE MONSERRATE, 40, of Rowlett, Texas, have been sentenced to serve federal prison terms of 57 months and 12 months respectively for the burglaries of three pharmacies in Kansas and Oklahoma, announced U.S. Attorney Timothy J. Downing.

According to an Indictment filed on February 19, 2019, Ballew and Monserrate were charged with drug conspiracy and possession with intent to distribute hydrocodone. Ballew and Monserrate were then charged by Superseding Indictment filed on March 19, 2019, with burglary involving controlled substances and aiding and abetting, along with additional charges of drug conspiracy and possession with intent to distribute hydrocodone. On December 2, 2019, Ballew pleaded guilty to count 3 of the of the Superseding Indictment in CR-19-0046 for the Nichols Hills burglary and counts 1 and 2 of the Indictment filed in CR-19-00362 for the two Kansas pharmacy burglaries.  The counts of drug conspiracy and possession with intent to distribute found in the Superseding Indictment, as well as the counts of drug conspiracy found in the earlier Indictment in CR-19-0046 were ultimately dismissed as part of a plea agreement. 

On August 17, 2020, U.S. District Judge Scott L. Palk sentenced Ballew to 57 months in prison for the Nichols Hills Drug pharmacy burglary, on December 3, 2017 in count 3 of the Superseding Indictment in CR-19-0046, 57 months for the Dandurand Pharmacy burglary in Wichita, Kansas, and 57 months for the Sigler Pharmacy burglary in Lawrence, Kansas, both occurring October 29, 2017 in counts 1 and 2 of the Indictment in CR-19-00362. Each term of imprisonment was ordered to run concurrent to one another.  Judge Palk also imposed three years of supervised release as to each count to follow the terms of imprisonment, and ordered restitution in the amount of $29,253.11.  In announcing Ballew’s sentence, Judge Palk noted Ballew’s long criminal history, his serious addiction to pain killers, and the lack of any meaningful drug treatment while incarcerated earlier in the Bureau of Prisons.  Ballew’s sentence included strong recommendations to the Bureau of Prisons by Judge Palk for intensive drug treatment.

Monserrate was arrested in connection with the after-hours burglary of the Dandurand Pharmacy, Wichita, Kansas on October 29, 2017, and the after-hours burglary of the Nichols Hills Drug pharmacy on December 3, 2017.  Monserrate pled guilty to both of these pharmacy burglaries, which relate to count 3 of the Superseding Indictment in CR-19-0046 and count 2 of the Indictment in CR-19-00362.  For her role as a lookout in those two burglaries for Ballew, Judge Palk sentenced her to 12 months and a day in prison as to each count concurrently, followed by three years of supervised release, and $7,325.00 in restitution.  In announcing Monserrate’s sentence, Judge Palk noted Monserrate’s long history of substance abuse, her poor performance while on pretrial release, and the amount of dangerous prescription drugs she allowed illegally into the community.

This case is the result of an investigation by the Drug Enforcement Administration’s, Tactical Diversion Squad, Oklahoma City District Office, with assistance from the DEA Tactical Diversion Squad, Fort Worth District Office, the Oklahoma City Police Department, the Lawrence, Kansas Police Department, the Wichita, Kansas Police Department, the Irving, Texas Police Department, the Phelps County, Missouri Sheriff’s Department, and the U.S. Marshals Service.   Assistant U.S. Attorneys David Petermann and Matt Anderson prosecuted the case, with assistance from the United States Attorney’s Office for the District of Kansas.

This case is part of the Department of Justice priority to address and reduce opioid-related criminal activity.

Reference is made to court filings for further information.  To download a photo of U.S. Attorney Downing, click here.

 

Convicted Felon Sentenced to 96 Months for Illegal Possession of a Firearm

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ABINGDON, Va. – A convicted felon from North Carolina, who was pulled over for driving erratically in Carroll County, Virginia and found to be illegally in possession of a firearm, was sentenced yesterday in U.S. District Court in Abingdon to 96 months in federal prison. United States Attorney Thomas T. Cullen made the announcement.

Luis Castano, 43, of Jamestown, N.C., pleaded guilty in 2019 to illegal possession of a firearm by a previously convicted felon. He was sentenced yesterday to 72 months for his conviction plus an additional 24 months for violation of his terms of supervised release from a previous federal conviction for being a felon in possession of a firearm.  Castano will serve an additional 36 months of supervised release when released from prison.

According to court documents, on the night of December 30, 2018, Castano was found to be in possession of a Bushman, AR-style riffle. The riffle had a loaded, large capacity magazine containing 61 rounds of ammunition, with one in the chamber. 

The case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives and the Carroll County Sheriff's Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.

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