DAYTON – Two brothers originally from Dayton and four others were arrested in North Carolina today for their alleged participation in a narcotics conspiracy responsible for distributing bulk amounts of fentanyl and cocaine to Dayton. 

Law enforcement authorities have seized narcotics, cash, and firearms from the drug trafficking organization on multiple occasions – including fentanyl, cocaine, cash and firearms seized from a search warrant executed at 1454 Ruskin Road on Nov. 4, 2019. It was during the execution of this search warrant that Dayton Detective and DEA Task Force Officer Detective Jorge Del Rio was shot and killed. The Organized Crime Drug Enforcement Task Force investigation was later named “Operation Never Forget.”

“This indictment alleges the group of men charged were responsible for providing local dealers with thousands of doses of fentanyl and cocaine,” said U.S. Attorney David M. DeVillers. “The U.S. Attorney’s Office will not rest until we have traced every source of drug supply and held accountable every individual involved in this alleged conspiracy.”   

According to the indictment, from 2014 through August 2020, members of the conspiracy acquired bulk amounts of cocaine and fentanyl from suppliers in Los Angeles and Houston. The co-conspirators transported the cocaine and fentanyl to Charlotte, N.C., where they processed and repackaged the cocaine and fentanyl for resale in southern Ohio and North Carolina. 

Local distributors in southern Ohio allegedly purchased kilogram quantities of the cocaine and fentanyl for resale, and thousands of unit dosages of the drugs were distributed throughout southern Ohio.

The indictment further alleges that the members of the conspiracy collected hundreds of thousands of dollars in narcotics proceeds. The Government seeks to forfeit more than $686,000 in cash seized during the investigation.

The defendants are all charged with conspiracy to possess with the intent to distribute and to distribute cocaine and fentanyl. Those charged include:

If convicted, the defendants face at least 10 years and up to life in prison.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Roland Herndon, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Dayton Police Chief Richard S. Biehl announced the charges. 

The case is the result of the cooperative efforts of the DEA, led by the Dayton Resident Office and including DEA offices in Charlotte, N.C., Greensboro, N.C., Beaumont, Texas, Cincinnati, Detroit, Houston, Atlanta, Annandale, Va., and the Special Operations Division; as well as FBI and ATF. These federal agencies worked closely with the Dayton, Charlotte-Mecklenburg and Beaumont police departments, and the Central Oklahoma Metro Interdiction Team (COMIT).

Assistant United States Attorneys Elizabeth R. Rabe and Amy M. Smith are representing the United States in this case.

An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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         LOS ANGELES– Federal prosecutors have filed charges against a Fashion District clothing importer and the company’s owner in a scheme to undervalue imported garments and avoid paying millions of dollars in duties to the United States. The cases also allege a tax fraud scheme in which the company’s owner failed to report on tax returns millions of dollars derived from cash transactions.

         In conjunction with the criminal charges filed late Tuesday, prosecutors also filed plea agreements in which Ambiance Apparel and company owner Sang Bum “Ed” Noh agreed to plead guilty to felony offenses and pay a total of $117,897,708, which includes nearly $36 million in cash seized from Ambiance and Noh in 2014.

         Noh, 66, of Bel Air, agreed to plead guilty to one count of conspiracy and one count of subscribing to a false tax return, charges that carry a statutory maximum penalty of eight years in federal prison.

         Ambiance Apparel – the operating name for two corporations, Ambiance U.S.A. Inc. and Apparel Line U.S.A., Inc. – agreed to plead guilty to eight counts, including conspiracy, money laundering, and customs offenses.

         Court documents outline separate schemes involving Ambiance and Noh, which came to an end in September 2014 when law enforcement authorities executed dozens of search warrants as part of an investigation into money laundering and other crimes at Fashion District businesses.

         In the customs fraud scheme, Ambiance imported clothing from Asian countries and submitted fraudulent invoices to U.S. Customs and Border Protection (CBP) that undervalued the shipments and allowed Ambiance to avoid paying the full amount of tariffs owed on the imports, according to court documents. At Noh’s direction, the Asian manufacturers prepared two invoices for the clothing ordered by Ambiance – one that usually reflected 60 to 70 percent of the actual price and was paid by letter of credit, and one that reflected the balance of the actual price and was paid by wire transfer. The first invoice, which fraudulently reduced the value of the shipment, was submitted to CBP and was used to calculate the tariffs due on the imports. As a result of this scheme, over the course of just over 4½ years, Ambiance undervalued imports by about $82.6 million and failed to pay more than $17.1 million in tariffs. In the plea agreement filed today, Ambiance and Noh have agreed to pay U.S. Customs and Border Protection a total of $18.42 million, which includes the unpaid tariffs and interest accrued through 2014.

         In the second scheme outlined in a statement of facts filed Tuesday, Ambiance admitted it failed to file reports with the Secretary of the Treasury that documented cash transactions of more than $10,000. Ambiance employees received approximately 364 payments of more than $10,000 over a two-year period – which totaled more than $11.1 million – and the company failed to file a single Form 8300 to alert federal authorities to the cash transactions.

         In conjunction with these cash transactions, Ambiance used two sets of books to record sales, one of which documented only cash transactions and was not reported to Ambiance’s outside accountants. Noh also directed some of the second set of transactions to be underreported to the accountants. The lower sales figures were reported on 2011 and 2012 tax returns filed by Noh. Noh admitted that he failed to report income for those two years and now owes the Internal Revenue Service a total more than $16.8 million, which includes unpaid taxes, penalties and interest.

         Noh and Ambiance will be summonsed to appear for arraignments on September 14 in United States District Court.

         Once the guilty pleas are entered on behalf of Ambiance, the company expects to be placed on probation for five years, during which time it will implement an effective anti-money laundering compliance and ethics program with an outside compliance monitor.

         The case against Ambiance and Noh was investigated by Homeland Security Investigations, IRS Criminal Investigation, U.S. Customs and Border Protection, LA IMPACT, the Long Beach Police Department, the Los Angeles Police Department, the Gardena Police Department, and the West Covina Police Department.

         This matter is being prosecuted by Assistant United States Attorney Lucy B. Jennings of the International Narcotics, Money Laundering, and Racketeering Section. Assistant United States Attorney Jonathan Galatzan of the Asset Forfeiture Section is also working on this case. This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force.

HOUSTON – A man has admitted he filed a tax return alleging there were no taxes owed, announced U.S. Attorney Ryan K. Patrick.

Gilberto Parada-Arevalo pleaded guilty today to one count of filing a false 2011 U.S. corporate income tax return for Tamaleria Panaderia Y Pupuseria La Roca Inc. In that return, he falsely claimed the corporation owed no income taxes for 2011.  

As part of the plea agreement, Parada-Arevalo agreed the relevant conduct - total intended tax loss - for purposes of sentencing is between $100,000 and $250,000. He has agreed to pay more than $74,000 in restitution to the IRS.

U.S. District Judge George Hanks accepted the plea and set sentencing for Nov. 16. At that time, Parada-Arevalo faces up to three years in federal prison and a possible $250,000 maximum fine.

He was permitted to remain on bond pending that hearing.      

IRS – Criminal Investigation conducted the investigation0n. Assistant U.S. Attorney Charles J. Escher is prosecuting the case.

KANSAS CITY, KAN.– A Kansas man was indicted today on federal firearms and drug trafficking charges, U.S. Attorney Stephen McAllister said.

Pablo Martinez, 42, Kansas City, Kan., was charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of unlawful possession of a firearm by a user of controlled substances and one count of possession with intent to distribute marijuana.

Court documents allege the investigation began when law enforcement received a complaint from Balls Food Inc. that one of its employees was distributing marijuana. Investigators identified Martinez as the employee’s supplier.

When the Kansas Highway patrol stopped Martinez’s car for a traffic violation, a trooper found a .45 caliber handgun and more than a quarter pound of marijuana in the car. Martinez denied selling marijuana. He told investigators he himself smoked about a quarter pound of marijuana every five days.

If convicted, he could face a penalty not less than five years in federal prison on the charge of unlawful possession of a firearm in furtherance of drug trafficking, up to 10 years and fine up to $250,000 on the other firearm charge and up five years and a fine up to $250,000 on the marijuana charge. The FBI, the Kansas City, Kan., Police Department and the Kansas Highway Patrol investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.

OTHER INDICTMENTS

Dantay Ray Williams, 19, Topeka, Kan., is charged with one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred June 17, 2020 in Topeka.

If convicted, he could face a penalty of not less than five years in federal prison on firearm charge and up to five years and a fine up to $250,000 on the marijuana charge. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

Anthony Contreras, 22, Overland Park, Kan., is charged with one count of unlawful possession of a firearm by a convicted felon, one count of distributing fentanyl and one count of possessing a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred July 22, 2020, in Wyandotte County, Kan.

If convicted, he could face a penalty of not less than 20 years and a fine up to $1 million on the charge of distributing fentanyl, not less than five years and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking and up to 10 years and a fine up to $250,000 on the other firearm charge. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Fermin Ramirez Bueno, 27, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 5, 2010, in Johnson County, Kan.

If convicted, he could face a penalty up to 10 years in federal prison and a fine up to $250,000. The Department of Homeland Security investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

HOUSTON – A 37-year-old Houston man has been handed a significant sentence following his conviction of conspiracy to possess with intent to distribute cocaine, announced U.S. Attorney Ryan K. Patrick.

Ernesto Martinez pleaded guilty Sept. 25, 2019.

Today, Chief U.S. District Judge Lee H. Rosenthal imposed a 200-month sentence to be followed by five years of supervised release.

In handing down the sentence, the court found Martinez ran a large-scale cocaine distribution network that spanned more than four years. During that time, Martinez and his associates distributed more than 50 kilograms of cocaine to a large number of cocaine distributors based throughout the country to include cities in Texas, Ohio, Florida and Arkansas.

The judge found Martinez to be a leader and organizer in the drug operation who dealt directly with cartel members in Mexico.

Martinez also possessed a firearm when trafficking cocaine on one occasion and maintained a residence in Houston used to stash cocaine and drug proceeds.

To date, seven others have been convicted for their respective roles in the drug trafficking organization.  

Martinez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.  

The Drug Enforcement Administration and Harris County Sheriff’s Office led the investigation as part of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

Assistant U.S. Attorney Casey N. MacDonald is prosecuting the case.

CORPUS CHRISTI, Texas – A federal grand jury has returned an indictment against a former Texas top 10 fugitive and alleged member of the Aryan Brotherhood of Texas, announced U.S. Attorney Ryan K. Patrick.

The indictment was unsealed today charging Tyral Glenn Turner, 34, of Mathis. He had been in state custody on related charges. He is expected to appear in Corpus Christi federal court before U.S. Magistrate Judge Jason B. Libby Sept. 2.

The indictment charges Turner with one count of possession with intent to distribute over 350 grams of fentanyl and one count of unlawful possession of a firearm by a felon.

Authorities apprehended Turner June 26 as part of Operation Triple Beam, a collaboration of federal, state and local authorities targeting alleged violent gang members in the gulf coast region. At the time of his arrest, law enforcement allegedly seized over 350 grams of fentanyl packaged for distribution.

The charges further allege he also had a loaded 9 mm glock model 19 in his possession. Turner is a convicted felon. As such, he is prohibited by federal law of possessing a firearm or ammunition.

If convicted of the drug charges, he faces up to 40 years in federal prison and a possible $5 million maximum fine. The gun charge carries a 10-year-maximum possible penalty.  

The U.S. Marshals Service and Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Neel Kapur is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

CHARLOTTE, N.C. – U.S. District Judge Max O. Cogburn Jr. sentenced Charles Vincent Brown, 36, of Pineville, N.C., today to 51 months in prison for credit card fraud, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. Judge Cogburn also ordered Brown to serve two years under court supervision, and to pay $237,141.41 as restitution. 

Reginald A. DeMatteis,Special Agent in Charge of the United States Secret Service, Charlotte Field Office, joins U.S. Attorney Murray in making today’s announcement.

On November 4, 2019, Brown pleaded guilty to conspiracy to commit access device fraud. A federal jury convicted Brown’s co-defendant, Robert Nathaniel Johnson III, on July 28, 2020, of conspiracy to commit access device fraud and access device fraud for his role in the fraudulent scheme.

According to filed court documents and today’s sentencing hearing, from September 29, 2018, to October 20, 2018, Brown, Johnson and others used a stolen credit card number to create counterfeit credit cards, which they then used to purchase more than $250,000 of merchandise.  According to court records, Brown and Johnson stole the credit card number of an individual identified as Victim #1, whose credit card had a credit limit of $300,000. The co-conspirators created counterfeit credit cards bearing the defendants’ names and the names of other co-conspirators, and used them at multiple retail stores, including at Best Buy, Foot Action, Foot Locker, and Neiman Marcus.

According to court records, Secret Service agents executed a search warrant at Brown’s apartment, and seized more than 560 pairs of high-end sneakers and other footwear, electronics, clothing, gaming equipment, and other items Brown had purchased using the counterfeit credit cards. Agents also seized computers, an embosser, a laminator, and other items used to manufacture counterfeit credit cards and fake identity documents. Court records show that a forensic examination of Brown’s seized cell phones revealed text messages from Brown advising other individuals on how to purchase stolen credit card information, screenshots of dark web searches for stolen credit card information, and receipts for the purchase of dozens of stolen credit card numbers.

Brown is currently in federal custody. A sentencing date for Johnson has not been set.

In making today’s announcement, U.S. Attorney Murray thanked the U.S. Secret Service for their investigation of this case.

Assistant U.S. Attorney Caryn Finley, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.

The Justice Department’s Office on Violence Against Women (OVW) announced today that it will dedicate $2,250,000 to continue a successful approach among tribal and federal authorities to hold violent offenders accountable for crimes they commit in Indian Country. U.S. Attorneys Trent Shores for the Northern District of Oklahoma, U.S. Attorney Brian Kuester for the Eastern District of Oklahoma, and U.S. Attorney Timothy Downing of the Western District of Oklahoma helped make the announcement for  at a press conference in Tulsa.

The Tribal Special Assistant United States Attorney (Tribal SAUSA) Initiative, financed through a partnership between OVW and the Bureau of Justice Assistance (BJA), trains cross-deputized tribal prosecutors in federal law and procedure and investigative strategies so they can pursue domestic or sexual violence cases in tribal court, federal court, or both. “A victim’s safety and freedom from her abuser should not hinge on the jurisdictional boundaries around the crime scene. These new awards continue the Department’s commitment to equipping tribal prosecutors with the tools they need to curb domestic violence no matter where it occurs,” said OVW Principal Deputy Director Laura Rogers.

Owing to the funds contributed by BJA, the five tribes receiving SAUSA awards have enhanced resources to prosecute not only domestic violence, sexual assault, and stalking cases, but also other serious offenses including homicides, robberies, and cybercrimes. The recipient tribes are:

•           Chickasaw Nation (Western District of Oklahoma)

•           Southern Ute Tribe (District of Colorado)

•           Pueblo of Laguna (District of New Mexico)

•           Oglala Sioux Tribe (District of South Dakota)

•           Mississippi Band of Choctaw Indians (Southern District of Mississippi)

“The rate of violent victimization is staggeringly high in American Indian and Alaska Native communities. We have to do more to bring this rate down and make more justice solutions available to our tribal partners. The new SAUSA awards are a big step in that direction,” remarked R. Trent Shores, United States Attorney for the Northern District of Oklahoma and Co-Chair of the Native American Issues Subcommittee.

“Working closely with the Chickasaw Nation to ensure justice is served for crimes committed on Chickasaw land is a priority for my office,” said Timothy J. Downing, United States Attorney for the Western District of Oklahoma.  “These new grant funds fill help fill critical resource gaps, ensuring we can take a robust approach to safeguarding victims and their families from further harm.”

“Prosecuting domestic abusers before their violence turns lethal is critical to ensuring victims can survive the harm done to them, but so too are services that support victims’ recovery. Those services are what these grant funds provide,” noted Brian J. Kuester, United States Attorney for the Eastern District of Oklahoma.

 The SAUSA project with the Chickasaw Nation is part of a $12 million grants package that OVW will award this year to bolster efforts in Oklahoma to combat domestic violence, which has reportedly increased in Tulsa and Oklahoma City in recent months. This new funding will reach rural and tribal communities throughout the state that also struggle with a growing need for justice solutions and victim services.  Other specific grants are as follows:

Specific grants to Tulsa County and City of Tulsa: 

•           A $449,948 grant to the Tulsa County District Court to establish a docket for monitoring compliance among domestic violence offenders, and develop policies and training for court personnel and community partners on firearms surrender following a domestic violence conviction or issuance of a final protection order. 

•           A $750,000 award to the City of Tulsa to support domestic violence investigations, victim-witness services, and a new, specialized domestic violence prosecution unit.

The City of Tulsa, whose work OVW is proud to support again this year, recently reported that its grant funding has been critical to addressing high-risk domestic violence cases, fostering coordination among prosecutors and law enforcement on evidence collection, and connecting victims to advocates who can help them navigate the justice process and obtain services to help them rebuild their lives. Recognizing that ending domestic violence in Oklahoma requires partnerships among federal, tribal, and local justice agencies, OVW is pleased to invest in collaborative strategies that put safety in reach for victims in cities and on reservations throughout the state.

Specific grants to Oklahoma Tribes:

•           A $407,000 grant to the Absentee Shawnee Tribe to update its tribal codes, policies, and procedures in preparation for exercising special domestic violence criminal jurisdiction under the Violence Against Women Act.

•           Over $3 million under OVW’s Tribal Governments Program is slated to go to four tribes in Oklahoma—the Choctaw Nation of Oklahoma, the Pawnee Nation, the Iowa Tribe of Oklahoma, and the Delaware Tribe of Indians—to support coordinated community responses to violence against women.

Other awards that will be issued to organizations and government agencies in Oklahoma include:

•           A $597,849 grant to the Native Alliance Against Violence, in Norman, to provide legal services for domestic violence and sexual assault victims in tribal communities. This organization will also receive $353,615 in formula funding to provide education, support, and technical assistance to tribes and tribal victim services providers.

•           A $243,619 grant to the Oklahoma Coalition Against Domestic Violence and Sexual Assault to coordinate victim services and collaborate with federal, state, and local entities on addressing violence against women in Oklahoma.

•           $2,019,340 in formula funds that support law enforcement, prosecutors, victim services providers, and courts in working collaboratively to respond to domestic and sexual violence.

United States Attorney Erica H. MacDonald today announced the guilty plea of TNUZA JAMAL HASSAN, 22, to attempting to provide material support to a designated foreign terrorist organization (al-Qa’ida). HASSAN entered her guilty plea this morning before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea and documents filed in court, in March of 2017, while a freshman student at St. Catherine University (SCU) in St. Paul, Minnesota, HASSAN drafted a letter encouraging others to join a designated foreign terrorist organization, namely, al-Qa’ida (AQ), and anonymously delivered the letter to two other students at SCU for the purpose of recruiting those individuals to join AQ. During a subsequent interview with FBI agents, HASSAN denied authoring or delivering the recruitment letter.

According to the defendant’s guilty plea and documents filed in court, on September 18, 2017, HASSAN purchased a round-trip airline ticket from Minneapolis/St. Paul International Airport (“MSP”) to Dubai, United Arab Emirates, and purchased a second round-trip ticket from Dubai to Kabul, Afghanistan. HASSAN later admitted that she planned to travel from Dubai to Kabul where she hoped to join AQ and that she had no intentions of returning to the United States. On September 19, 2017, HASSAN boarded a flight and traveled from MSP to Dubai, but was prevented from traveling to Kabul because she failed to secure a travel visa allowing her to enter the country.

According to the defendant’s guilty plea and documents filed in court, on January 17, 2018, HASSAN, who at that time was living in a SCU dorm lounge without the university’s permission, attempted to set several fires on the SCU campus. HASSAN admitted that she attempted to burn SCU buildings as a retaliatory act against the United States for its opposition to AQ in Afghanistan.

HASSAN has been charged in Ramsey County District Court with one count of first-degree arson.

This case is the result of an investigation conducted by the FBI-led Joint Terrorism Task Force, St. Paul Police Department, and arson investigators from the St. Paul Fire Department. 

This case is being prosecuted by Assistant U.S. Attorney Andrew R. Winter.

Defendant Information:                                                                                                                     

TNUZA JAMAL HASSAN, 22

Minneapolis, Minn.

Convicted:

• Attempting to Provide Material Support to a Designated Foreign Terrorist Organization (al-Qa’ida), 1 count

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

CORPUS CHRISTI, Texas – A Cuban national has made another appearance in federal court following the return of a superseding indictment related to the distribution of cocaine, announced U.S. Attorney Ryan K. Patrick.

Osvaldo Iglesias Ruiz, 34, is charged with one count of possession with intent to distribute more than 10 kilograms of cocaine.

Ruiz was originally charged by criminal complaint in March. He made an initial appearance on those charges, but was granted release upon posting bond. Shortly thereafter, authorities caught him as he was allegedly attempting to flee the United States in a boat off the coast of Florida heading towards Cuba. He appeared in court today and ordered into custody pending further criminal proceedings.

According to the criminal complaint, on March 14, Ruiz approached the Javier Vega Jr. checkpoint in Sarita traveling northbound. He was allegedly driving a tractor-trailer, but without an attached trailer. The complaint alleges he  provided authorities inconsistent answers pertaining to the direction he was traveling. A K-9 also alerted to the rear differential of the vehicle, according to the charges.

He was then referred to secondary inspection where authorities allegedly discovered multiple cocaine bundles weighing more than 10 kilograms.

The drugs have an estimated street value of $250,000.

If convicted, Ruiz faces up to life in federal prison and a possible $10 million maximum fine.

Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection, U.S. Marshals Service and U.S. Coast Guard. Assistant U.S. Attorney Neel Kapur is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

LAS VEGAS, Nev. – A Nevada man has been arrested in connection with allegations that he fraudulently obtained approximately $500,000 from the Paycheck Protection Program (PPP) loan and the Economic Injury Disaster Loan (EIDL) program, and then laundered the funds through friends and family in order to buy a house.

Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Nicholas A. Trutanich of the District of Nevada, Special Agent in Charge Aaron C. Rouse of the FBI’s Las Vegas Field Office, Special Agent in Charge Tara Sullivan of the IRS-Criminal Investigation (IRS-CI) Las Vegas Field Office, and Special Agent in Charge Weston King of the Small Business Administration’s Office of the Inspector General (SBA-OIG) made the announcement.

Brandon Casutt, 49, of Henderson, Nevada, is charged in a criminal complaint in the District of Nevada, unsealed Tuesday, with making false statements to a financial institution, wire fraud, bank fraud, concealment money laundering, and engaging in unlawful monetary transactions.  He was arrested on Friday and made his initial appearance Tuesday afternoon before U.S. Magistrate Judge Elayna J. Youchah in Las Vegas.

The complaint alleges that Casutt perpetrated a scheme to submit fraudulent EIDL applications to the SBA and PPP loan applications to federally insured banks.  The SBA guarantees the loans for COVID-19 relief through the PPP under the Coronavirus Aid, Relief and Economic Security (CARES) Act.  The CARES Act also authorizes the SBA to provide an EIDL of up to $2 million to eligible small businesses experiencing financial disruption due to the COVID-19 pandemic.

Two of these fraudulent applications received funding: (1) a PPP loan for approximately $350,000 in the name of a business called Sky DeSign; and (2) an EIDL for approximately $150,000 in the name of a charity called Skyler’s C.F. Foundation, which is supposedly devoted to raising awareness about cystic fibrosis.  The loan applications indicated that each entity had numerous employees, significant payroll expenses, and substantial revenue.  According to the complaint, neither entity has employees nor pays any wages.  And Skyler’s C.F. Foundation had nowhere near the $600,000 revenue in 2019 that Casutt listed on the entity’s EIDL application.

According to the complaint, Casutt laundered the PPP funds by writing checks to 23 different people — friends, family members, associates, and himself — each in the amount of $8,330 with “back pay” and “pandemic pay” in the checks’ memo lines.  Casutt then had the funds diverted to a bank account in the name of Skyler’s C.F. Foundation and used them, along with the EIDL funds, to purchase a $400,000 house in Henderson, into which he and his family moved at the end of June 2020.  

The CARES Act is a federal law enacted March 29.  It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic.  One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP.  In April 2020, Congress authorized over $300 billion in additional PPP funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent.  Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities.  The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.

The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue.  EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities and fixed debt payments.  If an applicant also obtains a loan under the PPP, the EIDL funds cannot be used as the same purpose as the PPP funds.   

A federal criminal complaint is merely an accusation.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

The FBI, IRS-CI, and SBA-OIG investigated the case.  Assistant Chief William E. Johnston of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jamie Mickelson of the U.S. Attorney’s Office for the District of Nevada are prosecuting the case.     

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SAN JOSE – Sudhish Kasaba Ramesh pleaded guilty in federal court in San Jose today to intentionally accessing a protected computer without authorization and recklessly causing damage, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John L. Bennett. 

According to the plea agreement, Ramesh admitted to intentionally accessing Cisco Systems’ cloud infrastructure that was hosted by Amazon Web Services without Cisco’s permission on September 24, 2018.  Ramesh worked for Cisco and resigned in approximately April 2018.  During his unauthorized access, Ramesh admitted that he deployed a code from his Google Cloud Project account that resulted in the deletion of 456 virtual machines for Cisco’s WebEx Teams application, which provided video meetings, video messaging, file sharing, and other collaboration tools.  He further admitted that he acted recklessly in deploying the code, and consciously disregarded the substantial risk that his conduct could harm to Cisco.  As a result of Ramesh’s conduct, over 16,000 WebEx Teams accounts were shut down for up to two weeks, and caused Cisco to spend approximately $1,400,000 in employee time to restore the damage to the application and refund over $1,000,000 to affected customers.  No customer data was compromised as a result of the defendant’s conduct.

Ramesh, 30, of San Jose, California, was charged by Information on July 13, 2020.  He was charged with one count of Intentionally Accessing a Protected Computer Without Authorization and Recklessly Causing Damage, in violation of 18 U.S.C. §§ 1030(a)(5)(B) and (c)(4)(A)(i)(I).

Under the plea agreement, Ramesh pled guilty to the sole count of the Information.

Ramesh is currently released on bond.   Bail was set at $50,000. 

Ramesh’s sentencing hearing is scheduled for December 9, 2020, before The Honorable Lucy H. Koh, U.S. District Court Judge, in San Jose.  The maximum statutory penalty for the offense of Intentionally Accessing a Protected Computer Without Authorization and Recklessly Causing Damage, in violation of 18 U.S.C. §§ 1030(a)(5)(B) and (c)(4)(A)(i)(I), is 5 years imprisonment  and a fine of $250,000.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Susan Knight is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Elise Etter.  The prosecution is the result of an investigation by the Federal Bureau of Investigation.  Cisco Systems, Inc. fully cooperated with the U.S. Attorney’s Office and Federal Bureau of Investigation.

HOUSTON – A 20-year-old man has made an appearance in federal court and ordered detained on charges relating to sexual exploitation of a child, announced U.S. Attorney Ryan Patrick.

A federal grand jury returned the indictment against Javon Opoku Aug. 19. Authorities took him into custody Aug. 24.

Today, he appeared before U.S. Magistrate Judge Andrew M. Edison who found Opoku was a danger to the community and ordered him detained pending further criminal proceedings.

The court heard that Opoku had been pulled over for a traffic violation in February. According to testimony, Opoku was on a bond for capital murder, evading arrest and unlawful carrying of a weapon charges at the time of the stop. Law enforcement seized his cellphone and took him into custody. He was later released again on bond.

According to testimony today, Opoku had been on bond for eight different charges that stemmed from alleged activities on four different dates.

At the hearing, the court also heard that law enforcement conducted a search of his seized phone and discovered three videos that appeared to be child pornography. The videos all allegedly depict Opoku vaginally penetrating a 16-year-old female.

Common conditions of bond generally include that individuals not possess weapons, refrain from narcotics and not commit new offenses, according to testimony. The court heard Opoku had done some or all of this while out on his previous bond.

If convicted, Opoku faces a minimum of 15 and up to 30 years in federal prison and a possible $250,000 maximum fine as well as restitution.  

The FBI and Houston Police Department conducted the investigation.

Assistant U.S. Attorney Kimberly Ann Leo is prosecuting the case, which was brought as part of Project Safe Childhood - a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

CHARLESTON, W.Va. - United States Attorney Mike Stuart today announced the takedown of a drug trafficking organization (DTO) responsible for distributing meth, heroin and marijuana in Kanawha and Fayette Counties. The takedown is the result of a long-term investigation, dubbed “Second Wave,” led by the Federal Bureau of Investigation (FBI) and the Central West Virginia Drug Task Force (CWVDTF). A federal grand jury returned two indictments charging 12 individuals in connection with their roles in the DTO.  

“Meth. Heroin. Marijuana. The takedown of this network of drug dealers is another major victory for the people of West Virginia,” said United States Attorney Mike Stuart. “Long-term targets. Long-term problems. A drug trafficking organization that was fueling terrible addiction, pain, chaos and despair is now shut down. The people of Kanawha and Fayette counties are certainly safer as a result of today’s arrests. I commend our many federal, state and local law enforcement partners for their remarkable work in this long-term investigation. I am proud of our law enforcement leadership at every level throughout West Virginia but I want to specifically thank the men and women that serve on the front lines of law enforcement across this great state. Taking down a major drug trafficking organization is difficult and dangerous work. My hat is off to each of you. I pray for your safety each night. Thank you for your commitment to the people of West Virginia and the Rule of Law. This is another great day for the people of West Virginia.”

“The group of people arrested today have been a menace in our communities for too long,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “Today’s takedown sends a strong message to not only this community, but other drug organizations who think they can do business here. The FBI and our law enforcement partners will not tolerate this activity. Operations like this are made more difficult without strong partnerships, and I commend the joint efforts by the ATF, U.S. Postal Inspection Service, Central WV Drug Task Force and MDENT."

Charged in a six count indictment are Jason Michael Terrell, 36, of Mount Carbon; Larry Terrence Martin, 31, of Charleston; Carol Belton, 61, of Montgomery; Steven Matthew Bumpus, 31, of Charleston; Jimmy Lee Coleman, 34, of Gauley Bridge; Roger Jarea Drake, 31, of Charleston; Rashawn Akmed Miller, 36, of Columbus, Ohio; William Lee Patton, 62, of Montgomery; Craig Edward Redman, 41, of Kimberly; Tonya Nichole Simerly, 35, of Montgomery; and Ronald Lee Thomas, III, 28, of Charleston. The indictment charges Terrell, Martin, Belton, Coleman, Drake, Miller, Patton and Redman with conspiring to distribute methamphetamine from July 2019 to August 2020. The indictment further charges Bumpus, Simerly and Thomas with various drug trafficking crimes carried out in connection with the DTO.

Earlier this week, defendant Larry Martin’s sister, Brandi Martin, was sentenced in federal court to 188 months in prison for possession with intent to distribute methamphetamine. 

In a separate indictment, Gregory Eugene Woods, 43, of St. Albans, was charged with possession with intent to distribute a quantity of cocaine. Two additional defendants, Sammy Joe Fragale, Sr., also known as Joe, and Sammy Joe Fragale, Jr., also known as Bubby, were arrested on a federal criminal complaint for conspiracy to distribute methamphetamine. 

The investigation was conducted by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service (USPIS), the Central West Virginia Drug Task Force (CWVDTF) and the Metropolitan Drug Enforcement Network Team (MDENT), with assistance from the CSX Transportation Police Department.  The Drug Enforcement Administration (DEA) conducted the investigation of the Fragales. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.

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

Please note: An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00154, 2:20-cr-00153 and 2:20-mj-00119.

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SHREVEPORT, La. – Acting United States Attorney Alexander C. Van Hook announced thatWillie Player, 40, of Benton, Louisiana, was sentenced today on a charge of Conspiracy to Possess with Intent to Distribute Methamphetamine. United States District Judge Elizabeth E. Foote sentenced Player to spend 151 months (12 years, 7 months) in prison, followed by 3 years of supervised release.

While conducting a narcotics investigation in 2018, law enforcement agents set up surveillance of Willie Player and others who were known to be distributing large amounts of methamphetamine in the Shreveport/Bossier City area. Phone conversations between Player and other co-conspirators were intercepted and they were found to be arranging transactions to sell methamphetamine in various quantities. Between April and June 2018, law enforcement agents observed Player travelling from the Western District of Louisiana to Waskom, Texas to purchase various amounts of methamphetamine. 

On June 13, 2018, after purchasing methamphetamine in Waskom, Texas, Player was travelling back to the Shreveport area. Caddo Parish Sheriff’s deputies attempted to stop the vehicle Player was driving near West 70^th and Pines Road but rather than stopping, Player continued travelling at a high rate of speed. Player ran a red light and his vehicle was grazed on the rear passenger side by a truck travelling through the intersection. Player then lost control of the vehicle and struck utility poles before crashing into a fence surrounding an apartment complex. Law enforcement officers found methamphetamine in the vehicle with Player and he was arrested. Player pleaded guilty to the charge on November 14, 2019.

The DEA and Caddo Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.

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NASHVILLE, Tenn.– August 26, 2020 – A Dickson, Tennessee woman who owns and operates a private probation service pleaded guilty today in U.S. District Court to three counts of failing to file a federal tax return, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.

Shannon C. Monzon, 48, was charged in July with failing to file tax returns for the years 2016-2018.  Monzon is the owner and operator of Misdemeanor Offenders Program (“MOP”), a private probation service that supervised probationers out of the Humphreys County General Sessions Court, the Municipal Court of McEwen, the Municipal Court of New Johnsonville, the Dickson County General Sessions Court, and the Dickson Municipal Court. 

According to court documents, MOP was contracted by the counties and municipalities to provide probationary services for offenders referred to them.  MOP charged probationers a fee to be supervised, and the probationers paid MOP directly by cash, money order, official checks, or personal checks.  MOP also received payments from the contracting municipalities and counties.  

Between 2013 and 2018, MOP received over $708,000 in deposits into the business account.  Additionally, during that time, Monzon and her husband received over $617,000 in cash deposits into their joint personal bank account and were required by the IRS to file personal federal income tax returns. 

As part of the plea agreement, Monzon admitted that she willfully did not file tax returns for tax years 2008-2018 and caused a tax loss to the IRS in the amount of $396,002 and agrees to pay restitution in that amount.

Monzon faces up to one year in prison and a fine of up to $100,000 on each count when she is sentenced on January 6, 2021.  This case was investigated by the IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Kathryn Booth.

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         LOS ANGELES– Federal prosecutors have filed charges against a Fashion District clothing importer and the company’s owner in a scheme to undervalue imported garments and avoid paying millions of dollars in duties to the United States. The cases also allege a tax fraud scheme in which the company’s owner failed to report on tax returns millions of dollars derived from cash transactions.

         In conjunction with the criminal charges filed late Tuesday, prosecutors also filed plea agreements in which Ambiance Apparel and company owner Sang Bum “Ed” Noh agreed to plead guilty to felony offenses and pay a total of $117,897,708, which includes nearly $36 million in cash seized from Ambiance and Noh in 2014.

         Noh, 66, of Bel Air, agreed to plead guilty to one count of conspiracy and one count of subscribing to a false tax return, charges that carry a statutory maximum penalty of eight years in federal prison.

         Ambiance Apparel – the operating name for two corporations, Ambiance U.S.A. Inc. and Apparel Line U.S.A., Inc. – agreed to plead guilty to eight counts, including conspiracy, money laundering, and customs offenses.

         Court documents outline separate schemes involving Ambiance and Noh, which came to an end in September 2014 when law enforcement authorities executed dozens of search warrants as part of an investigation into money laundering and other crimes at Fashion District businesses.

         In the customs fraud scheme, Ambiance imported clothing from Asian countries and submitted fraudulent invoices to U.S. Customs and Border Protection (CBP) that undervalued the shipments and allowed Ambiance to avoid paying the full amount of tariffs owed on the imports, according to court documents. At Noh’s direction, the Asian manufacturers prepared two invoices for the clothing ordered by Ambiance – one that usually reflected 60 to 70 percent of the actual price and was paid by letter of credit, and one that reflected the balance of the actual price and was paid by wire transfer. The first invoice, which fraudulently reduced the value of the shipment, was submitted to CBP and was used to calculate the tariffs due on the imports. As a result of this scheme, over the course of just over 4½ years, Ambiance undervalued imports by about $82.6 million and failed to pay more than $17.1 million in tariffs. In the plea agreement filed today, Ambiance and Noh have agreed to pay U.S. Customs and Border Protection a total of $18.42 million, which includes the unpaid tariffs and interest accrued through 2014.

         In the second scheme outlined in a statement of facts filed Tuesday, Ambiance admitted it failed to file reports with the Secretary of the Treasury that documented cash transactions of more than $10,000. Ambiance employees received approximately 364 payments of more than $10,000 over a two-year period – which totaled more than $11.1 million – and the company failed to file a single Form 8300 to alert federal authorities to the cash transactions.

         In conjunction with these cash transactions, Ambiance used two sets of books to record sales, one of which documented only cash transactions and was not reported to Ambiance’s outside accountants. Noh also directed some of the second set of transactions to be underreported to the accountants. The lower sales figures were reported on 2011 and 2012 tax returns filed by Noh. Noh admitted that he failed to report income for those two years and now owes the Internal Revenue Service a total more than $16.8 million, which includes unpaid taxes, penalties and interest.

         Noh and Ambiance will be summonsed to appear for arraignments on September 14 in United States District Court.

         Once the guilty pleas are entered on behalf of Ambiance, the company expects to be placed on probation for five years, during which time it will implement an effective anti-money laundering compliance and ethics program with an outside compliance monitor.

         The case against Ambiance and Noh was investigated by Homeland Security Investigations, IRS Criminal Investigation, U.S. Customs and Border Protection, LA IMPACT, the Long Beach Police Department, the Los Angeles Police Department, the Gardena Police Department, and the West Covina Police Department.

         This matter is being prosecuted by Assistant United States Attorney Lucy B. Jennings of the International Narcotics, Money Laundering, and Racketeering Section. Assistant United States Attorney Jonathan Galatzan of the Asset Forfeiture Section is also working on this case. This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force.

KANSAS CITY, KAN.– A Kansas man was indicted today on federal firearms and drug trafficking charges, U.S. Attorney Stephen McAllister said.

Pablo Martinez, 42, Kansas City, Kan., was charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of unlawful possession of a firearm by a user of controlled substances and one count of possession with intent to distribute marijuana.

Court documents allege the investigation began when law enforcement received a complaint from Balls Food Inc. that one of its employees was distributing marijuana. Investigators identified Martinez as the employee’s supplier.

When the Kansas Highway patrol stopped Martinez’s car for a traffic violation, a trooper found a .45 caliber handgun and more than a quarter pound of marijuana in the car. Martinez denied selling marijuana. He told investigators he himself smoked about a quarter pound of marijuana every five days.

If convicted, he could face a penalty not less than five years in federal prison on the charge of unlawful possession of a firearm in furtherance of drug trafficking, up to 10 years and fine up to $250,000 on the other firearm charge and up five years and a fine up to $250,000 on the marijuana charge. The FBI, the Kansas City, Kan., Police Department and the Kansas Highway Patrol investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.

OTHER INDICTMENTS

Dantay Ray Williams, 19, Topeka, Kan., is charged with one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred June 17, 2020 in Topeka.

If convicted, he could face a penalty of not less than five years in federal prison on firearm charge and up to five years and a fine up to $250,000 on the marijuana charge. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

Anthony Contreras, 22, Overland Park, Kan., is charged with one count of unlawful possession of a firearm by a convicted felon, one count of distributing fentanyl and one count of possessing a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred July 22, 2020, in Wyandotte County, Kan.

If convicted, he could face a penalty of not less than 20 years and a fine up to $1 million on the charge of distributing fentanyl, not less than five years and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking and up to 10 years and a fine up to $250,000 on the other firearm charge. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Fermin Ramirez Bueno, 27, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 5, 2010, in Johnson County, Kan.

If convicted, he could face a penalty up to 10 years in federal prison and a fine up to $250,000. The Department of Homeland Security investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

HOUSTON – A 37-year-old Houston man has been handed a significant sentence following his conviction of conspiracy to possess with intent to distribute cocaine, announced U.S. Attorney Ryan K. Patrick.

Ernesto Martinez pleaded guilty Sept. 25, 2019.

Today, Chief U.S. District Judge Lee H. Rosenthal imposed a 200-month sentence to be followed by five years of supervised release.

In handing down the sentence, the court found Martinez ran a large-scale cocaine distribution network that spanned more than four years. During that time, Martinez and his associates distributed more than 50 kilograms of cocaine to a large number of cocaine distributors based throughout the country to include cities in Texas, Ohio, Florida and Arkansas.

The judge found Martinez to be a leader and organizer in the drug operation who dealt directly with cartel members in Mexico.

Martinez also possessed a firearm when trafficking cocaine on one occasion and maintained a residence in Houston used to stash cocaine and drug proceeds.

To date, seven others have been convicted for their respective roles in the drug trafficking organization.  

Martinez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.  

The Drug Enforcement Administration and Harris County Sheriff’s Office led the investigation as part of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

Assistant U.S. Attorney Casey N. MacDonald is prosecuting the case.

CORPUS CHRISTI, Texas – A federal grand jury has returned an indictment against a former Texas top 10 fugitive and alleged member of the Aryan Brotherhood of Texas, announced U.S. Attorney Ryan K. Patrick.

The indictment was unsealed today charging Tyral Glenn Turner, 34, of Mathis. He had been in state custody on related charges. He is expected to appear in Corpus Christi federal court before U.S. Magistrate Judge Jason B. Libby Sept. 2.

The indictment charges Turner with one count of possession with intent to distribute over 350 grams of fentanyl and one count of unlawful possession of a firearm by a felon.

Authorities apprehended Turner June 26 as part of Operation Triple Beam, a collaboration of federal, state and local authorities targeting alleged violent gang members in the gulf coast region. At the time of his arrest, law enforcement allegedly seized over 350 grams of fentanyl packaged for distribution.

The charges further allege he also had a loaded 9 mm glock model 19 in his possession. Turner is a convicted felon. As such, he is prohibited by federal law of possessing a firearm or ammunition.

If convicted of the drug charges, he faces up to 40 years in federal prison and a possible $5 million maximum fine. The gun charge carries a 10-year-maximum possible penalty.  

The U.S. Marshals Service and Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Neel Kapur is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.