DAYTON – Gene Talley, 48 of Dayton, was sentenced in U.S. District Court in Dayton today to to 100 months in prison as the lead defendant in a Texas-to-Ohio heroin operation. He pleaded guilty in February to conspiring to distribute more than 100 grams of heroin.

According to court documents, beginning in or about 2007, Talley met with another individual in Austin, Texas who agreed to provide controlled substances, including heroin, to Talley for distribution in the Southern District of Ohio.

As part of the scheme, Talley arranged for other individuals to collect the drugs and bring them to Ohio, and sent money back to the supplier through couriers. On three occasions, law enforcement intercepted the money, including: approximately $99,000 seized by police in Austin, Texas in December 2012; approximately $230,000 seized by police in Chicago in June 2015; and approximately $240,000 seized by police in Winfield, Texas. The seized money was Talley’s payment for multiple kilograms of heroin.

Four others charged as part of the scheme include Brianna Reid, Adriauna Smith, Syreeta Scruggs  and Kenneth Patterson.

Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant is determined by the Court based on the advisory sentencing guidelines and other statutory factors.

David M. DeVillers, United States Attorney for the Southern District of Ohio; Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA) and the DEA’s Drug Task Force announced the sentence imposed by U.S. District Judge Walter H. Rice. Assistant United States Attorneys Amy M. Smith and Andrew J. Hunt represented the United States in this case.

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HAMMOND-Debra McCall, 46, of Westville, Indiana was sentenced by U.S. District Court Judge Theresa L. Springmann upon her guilty plea to bank fraud and filing a false tax return, announced U.S. Attorney Kirsch.    

McCall was sentenced to 27 months in prison, 2 years of supervised release to include 6 months of home confinement and ordered to pay $708,971.93 in restitution.

“Ms. McCall took advantage of her employer’s trust for her own selfishness,” said United States Attorney Thomas L. Kirsch II.  “Many small businesses operate on a thin margin and pilfering money from employers could cause severe financial issues, disrupting the lives of many who rely on those businesses for their livelihoods.  My Office and our federal partners take these crimes seriously and will continue to prosecute schemes like these throughout the District.”

According to documents in the case, McCall, while employed as a bookkeeper for a small local sales company, used her position of trust to steal more than $700,000 from her employer during a three year period.  She devised and executed a scheme to embezzle money from her employer’s accounts by using her knowledge of the bookkeeping and accounting software.  She created and printed checks drawn on the company’s accounts.  She made the checks payable to her boyfriend and forged the manager’s signature on each check. She then canceled the checks in the accounting system and balanced the company’s books by incorporating the amounts she took into other entries to avoid detection.  McCall admitted that she stole the money and gambled it away. 

“As we often see in embezzlement cases, the victims are not only the taxpayers, but also the individuals and entities who suffer the financial harm”, stated Special Agent in Charge Kathy A. Enstrom of the IRS Criminal Investigation, Chicago Field Office. "We would like the taxpayers to take notice that today’s 27-month sentence of Debra McCall resulted in serious prison time because she misused her position of trust at her company by embezzling company funds and failing to report the funds on her income tax return.”

“Ms. McCall thought she could use her position of trust in the office and her access to company funds for her own personal benefit. But, instead, her greed and self-interest means she is headed to prison for her crime,” said Special Agent in Charge Paul Keenan, FBI Indianapolis. “The FBI and our law enforcement partners will continue to aggressively investigate those who abuse their positions and hold them accountable.”

This case is the result of the investigative efforts of the Internal Revenue Service, Criminal Investigation Division and the Federal Bureau of Investigation.  This case was prosecuted by Assistant United States Attorney Alexandra McTague.

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SPRINGFIELD, Mo. – A Joplin, Missouri, man has been sentenced in federal court for the sexual exploitation of a 4-year-old child victim.

Anthony Leon Helsel, 32, was sentenced by U.S. District Judge M. Douglas Harpool on Tuesday, Aug. 25, to life in federal prison without parole.

On Sept. 24, 2019, Helsel pleaded guilty to one count of the sexual exploitation of a minor and one count of the sex trafficking of a minor.

The investigation began in September 2018 when law enforcement received two CyberTips that Helsel was offering a 4-year-old child for sex through the KIK application, and that Helsel had uploaded suspected child pornography to his Facebook account. In October 2018, Kentucky law enforcement provided information that Helsel also offered images of child pornography to an undercover law enforcement officer in Kentucky, as well as to other members of a KIK group.

Officers executed a search warrant at Helsel’s residence on Oct. 2, 2018. Helsel admitted that he had taken pornographic photos of the child victim, that he had been sending child pornography to others and receiving child pornography from them, and that he had talked to others about them having sex with the child victim. Helsel also admitted that he had shared videos of him sexually assaulting the child victim to multiple users on KIK.

According to court documents, Helsel created hundreds of images and videos of the child victim’s sexual abuse. He repeatedly sent images and videos of him sexually assaulting her to many other KIK users over the internet. Investigators also found images of child pornography produced by Helsel with a one-year-old infant. 

At the time officers arrived at Helsel’s residence to execute the search warrant, he was conversing with another user on KIK, Gary McKinney of Joplin. 

McKinney was sentenced on Feb. 26, 2020, to 15 years in federal prison without parole. McKinney, who pleaded guilty to receiving and distributing child pornography, was an officer with the Joplin Police Department for about seven years until May 20, 2006. He also worked for a short time as a police officer in Webb City, Missouri, and Duquesne, Missouri. He owned and operated Gary McKinney Plumbing Services at the time of his arrest.

According to court documents, the child victim reported that both Helsel and another individual sexually assaulted her.

This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cyber Crimes Task Force and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), and the Joplin, Mo., Police Department.

Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute 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."

SALT LAKE CITY – A federal grand jury returned a five-count indictment late Wednesday afternoon charging Timothy Andrew Nemeckay, 60, of Park City, Utah, with securities fraud, making false statements to the Security Exchange Commission (SEC), wire fraud, and money laundering in connection with an alleged fraud scheme.

According to the indictment, Nemeckay was the founder and manager of Mine Shaft Brewing, a Park City business.  The indictment alleges Nemeckay represented to investors that Mine Shaft was raising funds to develop a brewery and restaurant in Park City and later in Santa Clarita, California. Nemeckay collected approximately $2.7 million from approximately 100 investors from across the United States in connection with the Mine Shaft investment offering, the indictment alleges. The indictment alleges the fraud scheme started in early 2013 and continued until around July 6, 2020.

“Far too many Utah headlines report homegrown fraud schemes.  There are a disproportionate numbers of wolves in sheep’s clothing in our state. In this indictment, the alleged offender was even under the thumb of securities regulators when he persuaded investors to pay into his scheme, and he purportedly used investor money to pay off previously ordered restitution,” U.S. Attorney John W. Huber said today. “Once again, we encourage those considering investment opportunities to do their due diligence before handing over their life savings to someone who doesn’t have their interests at heart.”

Nemeckay made a series of representations to investors in connection with the investment offering, including telling them that Mine Shaft was offering Series A Preferred Equity shares totaling $9.4 million and that Mine Shaft had already raised or had sizeable commitments for the funding needed. Investors were told, the indictment alleges, that the minimum investment amount was $20,000 and that the investment would earn 8 percent annual interest.  Investors were also told that Mine Shaft would use funds to acquire and develop a brewery in Park City and that the location would produce thousands of barrels of alcohol for distribution.  He represented that the location would operate as a restaurant and event center and become a top craft brewer in five years and that investors would receive the first right of refusal on additional investment rounds – among other things.

The indictment alleges Nemeckay issued and sent “investor newsletters” to convince investors to invest and that their investments were succeeding. 

In furtherance of the scheme, the indictment alleges Nemeckay also made a variety of other false misrepresentations to investors, including telling them that Mine Shaft was seeking capital to fund the launch of the brewery when, in fact, he was seeking funding for his personal use.  The indictment alleges Nemeckay used approximately $1.7 million of Mine Shaft investor funds for his own personal use.  Less than $550,000 of investment funds were used toward developing a brewery in Park City and later Santa Clarita.

Interest payments were usually not made to investors, the indictment alleges, and when they were, the payments came from new investor money.

The indictment also alleges Nemeckay reported to investors that he had provided information to the SEC regarding his involvement with Mine Shaft’s fundraising efforts and the SEC had expressed no concern.  In fact, he was in violation of State of Utah and federal orders not to participate in the purchase and sale of securities.  Nemeckay was the subject of an administrative action with the Utah Division of Securities for selling unregistered securities.

On July 7, 2014, the defendant entered into a Stipulation and Consent Order with the Utah Division of Securities.  The sanctions barred Nemeckay from associating with a broker-dealer and from being licensed in any capacity in the securities industry in Utah. It also included a fine of $350,000 with $313,710 offset by restitution to investors.

Nemeckay used Mine Shaft investor funds to pay $312,266.47 in restitution following the sanctions by the Utah Division of Securities. 

A summons will be issued for Nemeckay to appear for an initial appearance on the charges. The maximum potential penalty for securities fraud is 25 years in federal prison.  The two counts of making false statements to the SEC and the wire fraud count each carry 20-year potential sentences. The potential penalty for money laundering is 10 years.

Indictments are not findings of guilt.  Individuals charged in indictments are presumed innocent unless or until proven guilty in court.

Assistant U.S. Attorneys in the U.S. Attorney’s Office are prosecuting the case. Special agents of the Utah Division of Securities and the FBI are investigating the case.

Donald Ray Lockard, age 66 of Douglasville, GA, made his initial appearance in federal court today in Del Rio on charges in connection with the alleged scheme to steal over $2 million from the San Felipe Del Rio Consolidated School District (SFDRCISD), announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Field Office. 

A federal grand jury indictment charges Lockard with one count of conspiracy to commit wire fraud and three substantive counts of wire fraud.  The indictment alleges that while doing business as DL Investments from August 2019 to February 2020, Lockard stole SFDRCISD funds and used them for his own personal benefit.  According to the indictment, co-conspirators sent fraudulent emails to the comptroller of SFDRCISD claiming to be representatives of the financial institution to which SFDRCCISD made bi-annual bond payments.  Those fraudulent emails resulted in the diversion of SFDRCISD bond payments to a different financial account established and controlled by Lockard.  The indictment specifically identifies three separate fraudulent wire transfers to Lockard’s account on February 12, 2020, totaling $2,013,762.50.  The indictment also includes a notice of criminal forfeiture in which the government is seeking to forfeit over $1.5 million seized from Lockard’s bank accounts.  Lockard filed for Chapter 7 bankruptcy on May 10, 2016.

Each count upon conviction calls for up to 20 years in federal prison.  Lockard remains on bond.  No further court dates have been scheduled. 

The FBI is conducting this ongoing investigation.  Assistant U.S. Attorney Joshua Banister is prosecuting this case on behalf of the government.

It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.  The defendant is presumed innocent until proven guilty in a court of law.

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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.

John H. Durham, United States Attorney for the District of Connecticut, announced that FERNANDO TOLENTINO, Jr., also known as “Humacao,” 50, of Hartford was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 108 months of imprisonment, followed by four years of supervised release, for trafficking heroin and fentanyl.

According to court documents and statements made in court, in October 2016, the Drug Enforcement Administration’s Hartford Task Force began an investigation of an organization that was trafficking large quantities of heroin, fentanyl and other narcotics in Connecticut and western Massachusetts.  The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical surveillance, revealed that members of the organization were receiving bulk quantities of heroin and fentanyl from out-of-state suppliers.  They then stored, processed and packaged the heroin/fentanyl in multiple locations, including apartments located at 280 Collins Street in Hartford, and then distributed the drug in the Hartford area, and also the Springfield and Holyoke, Massachusetts area.  A significant amount of drug trafficking activity occurred at the Neighborhood Supermarket, located at 316 Farmington Avenue in Hartford.

The investigation also revealed that the drug trafficking organization was using xylazine, a horse tranquilizer, as an additive to the heroin and fentanyl it distributed.

Fourteen individuals were charged with various narcotics, firearms and immigration offenses as a result of this investigation.  During the investigation, law enforcement seized approximately 10 kilograms of heroin and fentanyl, much of which was packaged for resale in hundreds of thousands of bags.  Seven firearms were also seized.

Tolentino lived in an apartment at 280 Collins Street, and he operated a drug and firearm stash location there used by the organization.  He also regularly distributed heroin/fentanyl to customers and street-level distributors, and served as a “look out” for the organization.

Tolentino was arrested on June 29, 2017.  On May 11, 2018, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin.

Tolentino, who was released on bond, was remanded to the custody of the U.S. Marshals Services at the conclusion of today’s sentencing.

The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.  Agencies assisting the investigation include the Federal Bureau of Investigation, U.S. Postal Inspection Service, U.S. Marshals Service and Connecticut State Police.

This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.

CHARLOTTE, N.C. – Suleman Alhassan, 38, a Ghanaian national residing in Charlotte, was sentenced today by U.S. District Judge Max O. Cogburn Jr. to 51 months in prison and one year of supervised release for his involvement in financial scams targeting older adults, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.  In addition to the prison term imposed, Judge Cogburn ordered Alhassan to pay $1,127,989 as restitution, and to be deported upon completion of his prison term.

Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service (USPIS), which oversees Charlotte, and Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Charlotte, join U.S. Attorney Murray in making today’s announcement.

“Alhassan preyed upon older victims by exploiting their vulnerabilities, including their human need for a personal connection and a loving relationship. Some of the victims were exploited repeatedly, until their well ran dry and they had no more money to give,” said U.S. Attorney Murray. “Investigating and prosecuting the full range of criminal activities that exploit America’s seniors is a priority for my office. It’s equally important that all of us look out for our elderly family and friends who may be targeted by scammers, as a watchful eye can make all the difference in keeping our loved ones safe, and preventing their financial and emotional devastation.”

“The U.S. Postal Inspection Service takes great pride in protecting the American public, especially our vulnerable older Americans. Those seeking to defraud and take advantage of our postal customers should know they will not go undetected and will be held accountable,” said Inspector-in-Charge Coke.

“This case makes clear that transnational scammers who believe they can avoid accountability for their crimes are mistaken,” said Special Agent in Charge Martinez. “HSI is committed to using its unique, cross-border investigative authorities to hold persons accountable who defraud senior citizens and other vulnerable persons. We’re appreciative of our partnership with the U.S. Attorney’s Office to successfully prosecute this case, and will continue to work with our federal, state and local partners to identify and stop financial crimes targeting vulnerable populations.”

According to filed documents and today’s sentencing hearing, beginning in or about March 2016, Alhassan conspired with other individuals in the United States and in Ghana to execute romance and precious metals scams that defrauded more than 20 older victims of over $1 million. According to court records, Alhassan and his co-conspirators operated the romance scheme by creating fake profiles and using fake identities on internet dating websites and other methods to target potential fraud victims, who were frequently elderly, with false promises of a romantic relationship. 

According to court records, as part of the scheme, and in addition to developing fake romantic relationships with the victims, Alhassan and others falsely claimed to own large quantities of gold located in Ghana. The victims were induced to send money to Alhassan and others, purportedly to pay for expenses to ship the gold from Ghana to the United States and other countries, where it could be sold.  As Alhassan previously admitted in court documents, he and his co-conspirators falsely told the victims that they would receive a share of the profits when the gold was brought and sold in the United States.

According to court records, Alhassan and his co-conspirators further induced victims to send funds under the guise of securing travel documents for the person with whom the victims believed to be in a romantic relationship. To convince victims to continue to send money, Alhassan and his co-conspirators invented fictitious obstacles, including problems with travel visas and customs related issues. The co-conspirators continued to call, text, and e-mail the victims and insist that more money was needed. Alhassan and his co-conspirators employed these tactics until the victims either ran out of money or discovered the fraudulent nature of the scheme.  

Court records show that, in August 2017, Alhassan was stopped at the Charlotte airport with more than $130,000 in proceeds derived from the fraud. Alhassan continued to be involved in the scams even after law enforcement seized the funds, until he was arrested and charged federally for his role in the fraudulent scheme.

Alhassan is currently detained and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

In making today’s announcement, U.S. Attorney Murray commended the USPIS and HSI for their investigation of this case. 

Assistant United States Attorney Jenny G. Sugar, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.

In March 2019, Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced the Office’s Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: https://edit.justice.gov/usao-wdnc/elder-justice-initiative

Jackson, Miss. – Kenneth R. Britt, Jr., 51, of Wesson, Tony Grant Smith, 26, of Wesson, Barney Leon Bairfield, III, 28, of Brookhaven, and Dustin Corey Treadway, 27, of Brookhaven, have been charged in a criminal indictment by a federal grand jury with killing in excess of the legal limit of Kansas and Nebraska wild turkeys while unlicensed in those states, and transporting the wild turkeys across state lines to Mississippi, announced U.S. Attorney Mike Hurst and Colonel Steve Adcock of the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP)

According to the indictment, in the spring of 2017 and 2018, the defendants traveled to Kansas and Nebraska and hunted wild turkeys, taking over 25 wild turkeys without the required hunting licenses and in excess of the limit of two per person per season, in violation of Kansas law.  They returned to Mississippi with trophy spurs and beards of the illegally-killed turkeys. Under the federal Lacey Act, it is unlawful for any person to transport across state lines any wildlife taken in violation of state law.

The indictment also charges Kenneth R. Britt, Jr. with the federal felony of lying to a federal law enforcement officer, and Tony Grant Smith with killing red-shouldered hawks in violation of the Migratory Bird Treaty Act.

The defendants appeared for arraignment today before U.S. Magistrate Judge F. Keith Ball in Jackson. The case has been set for trial before Senior United States District Judge David C. Bramlette III on November 2, 2020.

If found guilty of all charges, Britt faces a total of 7 years in prison and a $450,000 fine; Smith faces a total of 2 years and 6 months in prison and a $215,000 fine; Bairfield faces a total of 3 years in prison and a $300,000 fine; and Treadway faces 1 year in prison and a $100,000 fine.

“The fine sportsmen and women of this state can rest assured that, nationwide, conservation enforcement agencies, along with Agents of the U.S. Fish and Wildlife Service, will continue working together to stop the thievery and abuse of our valuable natural resources,” said MDWFP Colonel Steve Adcock.

This case was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement and the Mississippi Department of Wildlife, Fisheries and Parks. It is being prosecuted by First Assistant United States Attorney Darren J. LaMarca.

The public is reminded that the indictment is merely an allegation of wrongdoing and the defendants are presumed innocent until proven guilty in a court of law. 

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Charles Cornelius Smith (35, Jacksonville) and Zipporan Carmel Peters (31, Jacksonville) with two counts of aggravated identity theft, one count of conspiracy to commit bank fraud, and one count of false representation of a Social Security number. If convicted, each faces a maximum penalty of 30 years in federal prison for the conspiracy to commit bank fraud, up to 5 years’ imprisonment on the false representation of a Social Security number, and a 2-year mandatory minimum term of imprisonment on each aggravated identity theft count. Smith and Peters made their initial appearance in federal court today, and were detained until their arraignment hearing on September 1, 2020.    

According to the indictment, Smith obtained the personal identification information of a victim, including the name, date of birth, and Social Security number. Using this information, Smith provided Peters with a counterfeit South Carolina driver license using the identity information of the victim, but with Peters’s photo on it. Smith then drove Peters to different branches of the Navy Federal Credit Union where Peters subsequently made various fraudulent transactions, using the victim’s identity.  

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.          

This case was investigated by United States Secret Service - Jacksonville Field Office, the Clay County Sheriff’s Office, the Orange Park Police Department, with assistance from the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

ELKINS, WEST VIRGINIA – William John Clark, of Buckhannon, West Virginia, has admitted to a firearms charge, U.S. Attorney Bill Powell announced.

Clark, age 62, pled guilty to one count of “Making a Destructive Device.” Clark admitted to making an explosive bomb, which wasn’t registered as required by law. The crime occurred in March 2020 in Upshur County.

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

Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Upshur County Sheriff’s Office investigated.

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

U.S. Magistrate Judge Michael John Aloi presided. 

Defendant fraudulently obtained over $267,000 by underreporting his income to the IRS

CHARLESTON, W.Va. – Timothy Nolan, 58, of Vienna, pled guilty to the felony offense of tax fraud, announced United States Attorney Mike Stuart. Nolan faces up to three years in prison, a $250,000 fine and one year of supervised release when he is sentenced on November 23, 2020. He also will be subject to an order of restitution for $267,786.42, with the final determination to be made by the court at sentencing.

“Nolan schemed and defrauded the IRS for several years to the tune of more than $267,000,” said United States Attorney Mike Stuart. “Up to three years in a federal prison, a $250,000 fine and full restitution of nearly $268,000. Tax obligations are not voluntary. No one likes paying taxes but tax payments are not optional.”

Nolan admitted that he would underreport his income on his personal income taxes. Specifically, in 2015, he reported to the IRS he had a taxable income of $17,788 when he actually had a taxable income of over $200,000. When Nolan fraudulently reported his income, he verified through a written declaration that was filed under the penalty of perjury that the return was accurate. Nolan significantly underreported his personal income for the tax years 2013 through 2016, and signed declarations to the IRS to that effect. Nolan also underpaid his employment taxes (Form 941) for his employees from 2013 through 2017 and did not pay workers compensation premiums for unreported and underreported wages. Nolan admitted the total amount of income wrongfully withheld was $267,778.42.

The investigation was conducted by the Department of the Treasury, the Internal Revenue Service-Criminal Investigation (IRS-CI), the United States Department of Justice Tax Division and the West Virginia Office of the Insurance Commissioner.

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes is handling the prosecution.

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-00136.

Follow us on Twitter: @SDWVNewsand @USAttyStuart

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            Concord – United States Attorney Scott W. Murray announced that Sergio Martinez, 30, of Lawrence, Massachusetts, was sentenced to 45 years in federal prison for leading a continuing criminal enterprise and participating in a money laundering conspiracy based upon his role in operating a Lawrence-based fentanyl trafficking organization.  Additionally, Martinez was ordered to forfeit $2,000,000 in cash, as well as three houses in Lawrence.

            Martinez pleaded guilty on the sixth day of a jury trial.  During the trial, which began on October 1, 2019, the government presented evidence that Martinez operated a fentanyl trafficking operation that employed numerous individuals to sell fentanyl to customers from various New England states, including New Hampshire. Testimony at trial showed that customers knew the Martinez organization by the name “Brian” and that most of the organization’s customers came from New Hampshire.  Distributors knew to identify customers on the streets of Lawrence by their New Hampshire license plates.

            Testimony at trial showed that the organization served three distinct sets of customers. The first group of customers, who ordered the smallest amounts of drugs, was served by various telephones (“small phones”) that were located in a specific residence and answered by dispatchers. This residence was referred to as “the base” and dispatchers staffed “the base” from 9:00 a.m. to 11:00 p.m. daily.  Dispatchers took orders and directed customers to meet various distributors throughout the Merrimack Valley area, mostly in Lawrence or Haverhill, Massachusetts, but sometimes in Salem, New Hampshire.  These phones usually received hundreds of calls daily from customers placing fentanyl orders. Street-level distributors were provided with 200-gram bags of fentanyl, which they sold for $30 per gram, generating $6,000 per bag of fentanyl sold.  Distributors testified at trial that they sometimes had lines of 10 to 15 customers, most with New Hampshire license plates, waiting for them on the street.

            A second set of customers was serviced by the so-called “big phone.” The big phone was reserved for customers who typically purchased from ten grams to 200 grams of fentanyl at a time, quantities which the purchasers would then distribute themselves.  The defendant and his brother Raulin Martinez answered this telephone, took orders, and sent these customers to meet a different set of distributors.  They promised these customers better and faster service than they received if they called the small phones.  These phones received between approximately 50 and 100 calls daily. 

            A third, much smaller set of customers, who ordered particularly large quantities of fentanyl (usually one kilogram or more at a time) called the defendant directly to place orders. The organization would deliver directly to these individuals by sending a distributor, often in a taxi, to deliver to these customers at or near their residences.

            Trial testimony showed that Martinez managed numerous individuals including between five and ten runners working each day, people who staffed “the base” answering telephones, and people who mixed and packaged the drugs in milling operations he operated at different locations in Lawrence.  The jury was provided with evidence showing that investigators seized over 12 kilograms of fentanyl from the Martinez organization during the investigation.  During one telephone call intercepted over a court-authorized wiretap and played at trial, Martinez spoke to a man who identified himself as a fentanyl supplier located in Sinaloa, Mexico.  Martinez told him, “what I look for is quality for when I prepare it and give it to people.  Because I’m one of those people that’s moving a lot here.  I move between 15, to 30, to 35 kilos a month.”  In other intercepted telephone calls played at trial, Martinez acknowledged the dangerous nature of the drug he distributed, noting that “what we give out is poison.”

            Evidence at trial showed that Martinez received substantial income from his business and that he sent some of this money to the Dominican Republic.  Drug runners testified that they provided the defendant with between $30,000 and $35,000 per day based on aggregate drug sales.  On one occasion, the defendant was stopped by the police while transporting $400,494 in cash that he intended to send to the Dominican Republic.  This money was seized by the Drug Enforcement Administration.  The plea agreement includes a forfeiture of $2,000,000 including funds in two bank accounts in the Dominican Republic in Martinez’s name.

            Twenty four individuals have pleaded guilty and been sentenced in this conspiracy.  Five additional individuals are awaiting sentencing.  Three defendants remain fugitives.  One defendant is awaiting trial.

             In addition to these defendants, 13 New Hampshire-based individuals who obtained fentanyl from this organization have been charged with drug trafficking offenses.  Twelve of those individuals have pleaded guilty and one is still awaiting trial.

            “International fentanyl trafficking organizations have targeted New Hampshire as a profitable market for the sale of their deadly product,” said U.S. Attorney Murray.  “The result has been disastrous for our citizens. Mr. Martinez ran a criminal enterprise that exploited the substance abuse proclivities of Granite Staters in order to obtain huge profits. In doing so, he enriched himself and funneled portions of the profits to parties outside of the United States. This 45-year sentence should send a strong message to fentanyl traffickers that those who choose to do business in New Hampshire will be held accountable for their conduct.  I am grateful to the DEA and all of our federal, state, and local law enforcement partners whose hard work resulted in the successful prosecution of this high-level drug trafficker.”

            “The State of New Hampshire is faced with a fentanyl crisis unlike ever before,” said DEA Special Agent in Charge Brian D. Boyle.  “Those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions.  Today’s significant sentence not only holds Mr. Martinez accountable for his crimes but serves as a warning to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives.  This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”

             “Today’s sentencing sends a strong message: The Diplomatic Security Service is committed to making sure that those who are responsible for trafficking in deadly drugs face consequences for their criminal actions,” said Brian Papanu, Assistant Special Agent in Charge of the Boston Field Office of the U.S. Department of State's Diplomatic Security Service. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and the Organized Crime Drug Enforcement Task Force continues to be essential in the pursuit of justice.”

            Agencies participating in this investigation are part of the 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.

            The case was a collaborative investigation that involved the DEA; the New Hampshire State Police; the Hillsborough County Sheriff’s Office; the Nashua Police Department; the Massachusetts State Police; the Massachusetts Attorney General’s Office; the New Hampshire Attorney General’s Office; the Essex County District Attorney’s Office; the Internal Revenue Service; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; United States Customs and Border Protection Boston Field Office; the United States Marshals Service; the United States Department of State’s Diplomatic Security Service; the Manchester Police Department; the Lisbon Police Department; the Littleton Police Department; the Seabrook Police Department; the Haverhill (MA) Police Department; the Methuen (MA) Police Department; the Lowell (MA) Police Department; and the Maine State Police.

            The case was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Seth R. Aframe.  

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United States Attorney Erica H. MacDonald today announced a federal indictment charging ANDREW ALBERT COMEAUX, 37, with one count of possession of a firearm by a felon. COMEAUX, who is in custody on state charges in Rice County, made his first appearance today before Magistrate Judge Becky R. Thorson, in U.S District Court in St. Paul, Minnesota. A detention and arraignment hearing is currently scheduled for August 31, 2020, at 3:00 pm.

According to allegations in the indictment and documents filed with the court, on June 15, 2020, multiple law enforcement agencies executed a search warrant at COMEAUX’s residence. During the search, law enforcement found a .22 caliber rifle and a Mosin-Nagant 7.62x54R caliber rifle. Because COMEAUX has a prior felony conviction in Le Sueur County and multiple prior felony convictions in Blue Earth County, he is prohibited under federal law from possessing firearms or ammunition at any time.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, and Firearms, the South Central Drug Task Force, the Cannon River Drug Task Force, Rice and Steel County Sheriff’s Offices, the Faribault and Owatonna Police Departments, Metro SWAT, and the St. Paul Bomb Squad, with coordination from the Rice County Attorney’s Office. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state, and local law enforcement to combat violent crime. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. 

Assistant U.S. Attorney Alexander D. Chiquoine is prosecuting the case.

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

Defendant Information:

ANDREW ALBERT COMEAUX, 37

Fairbault, Minn.

Charges:

• Felon in possession of a firearm, 1 count

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

GUILTY PLEA – CHUPEE ERNEST JOE

On August 20, Chupee Ernest Joe, 37, pled guilty to two counts of aiding and assisting in the preparation and presentation of false and fraudulent individual income tax returns. Mr. Joe operated an income tax preparation business located in Irving, Texas. From 2013 to 2016, he assisted in the preparation of fraudulent individual tax returns. Mr. Joe routinely falsified or inflated deductions and credits including education credits and unreimbursed employee business expenses to create inflated refunds. Mr. Joe faces up to 6 years in federal prison for his crimes. This case was investigated by IRS – Criminal Investigations. Assistant U.S. Attorney Christopher Stokes is prosecuting this case.

GUILTY PLEA – ROGELIO ALVARADO

On August 20, Rogelio Alvarado, 35, pled guilty to conspiracy to distribute a controlled substance. Mr. Alvarado purchased crack cocaine and cocaine from other co-conspirators which were his source of supply. Mr. Alvarado used a cellular phone to negotiate, discuss, and facilitate his drug transactions. Mr. Alvarado faces up to 20 years in federal prison for his crimes. This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Phelesa Guy is prosecuting this case.

GUILTY PLEA – RASHID WALKER

On August 25, Rashid Walker, 48, plead guilty to conspiracy to distribute and possess with the intent to distribute a controlled substance. Mr. Walker purchased methamphetamine from a supplier to distribute into the community. On five separate occasions, Mr. Walker supplied an undercover agent posing as a narcotics buyer with methamphetamine. Mr. Walker faces up to 20 years in federal prison for his crimes. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Walt Junker is prosecuting this case.

SENTENCING – CHRISTOPHER LATHAM

On August 27, Christopher Latham, 46, was sentenced to 71 months in federal prison for six counts of wire fraud. Mr. Latham devised a scheme to defraud and obtain money from two victims. He misrepresented the ownership and control over an oil and gas lease by telling the victims that the lease was lucrative. Mr. Latham made lies and material omissions to obtain approximately $70,000 from the victims which he used for his personal use, including to pay off debt, gamble, and make cash withdrawals. This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Fabio Leonardi is prosecuting this case.

RICHMOND, Va. – A Richmond man was sentenced today to over 12 years in prison for possession with intent to distribute cocaine.

According to court documents, Demond Mitchell, 32, was selling cocaine and other controlled substances on Grayson Street, in the area of East Ladies Mile Road. After observing Mitchell make a number of hand-to-hand transactions, police officers approached one of the customers, who dropped a small user-quantity of cocaine to the ground. Another police officer went to the area where Mitchell had put down a small black bag that Mitchell was utilizing. In the bag, the officers found over 41 grams of cocaine, including some packaged in little bag corners for distribution. The officers also recovered 2.79 grams of a mixture containing fentanyl and acetyl fentanyl, a potent and potentially deadly fentanyl analogue.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Robert E. Payne. Assistant U.S. Attorney Olivia L. Norman prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-161.

Memphis, TN – Devin Baker, 31, an armed career criminal, has pleaded guilty to possession of methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. D. Michael Dunavant, U.S. Attorney announced the guilty plea today.

According to information presented in Court, on June 4, 2019, Memphis Police Department officers responded to an overdose death call on Shelby Oaks Drive. Upon their arrival, law enforcement determined that the Narcan used on K.P., was unsuccessful, and she died of an overdose of several drugs, including heroin and methamphetamine.

From June 5-11, 2019, detectives conducted surveillance and witnessed Baker selling drugs from a room at a local motel and conducted multiple hand to hand transactions. On June 11, 2019, Baker was stopped and searched, and had methamphetamine and marijuana in his pocket. After Baker was detained, detectives executed a search warrant on the motel room and recovered several guns, including a stolen gun, 22 pills, digital scales, and another bag of methamphetamine. Personal property belonging to Baker was also recovered, indicating he was living in the motel room.

After being taken into custody, Baker waived his Miranda rights and provided a written statement to detectives. Baker admitted to lodging at the local motel, confirming that the guns were in the room, that he sold drugs out of the room, and admitted to the hand to hand drug transactions.

As a result of his prior felony convictions, including aggravated kidnapping, aggravated robbery, aggravated burglary, possession of marijuana with intent to sell, and being a convicted felon in possession of a handgun, Baker is prohibited by federal law from possession of firearms or ammunition.

The defendant pled guilty on August 26, 2020, before U.S. District Court Judge John T. Fowlkes Jr. A sentencing hearing is scheduled on December 2, 2020, where Baker faces a sentence of up to 20 years for possession of methamphetamine with intent to distribute, and a mandatory minimum consecutive sentence of 5 years and up to a possibility of a life sentence for possessing a firearm in furtherance of a drug trafficking crime. There is no parole in the federal system.

U.S. Attorney Dunavant said, "This defendant’s prior conviction history demonstrates his disrespect for the law and his imminent danger to the public. Baker presented a triple threat of serious bodily injury and death: a prior violent convicted felon in possession of multiple firearms while distributing highly addictive and deadly substances on the streets. Career offender+guns+drugs=a federal conviction that will remove him from our community and save lives."

The Memphis Police Department’s Heroin Overdose Response Team (HORT) and Project Safe Neighborhoods Task Force investigated this case. The Project Safe Neighborhoods (PSN) initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Justice Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.

Special Assistant U.S. Attorney Samuel D. Winnig is prosecuting this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.

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Audrey Strauss, Acting United States Attorney for the Southern District of New York, and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against CYTEC INDUSTRIES, INC. (“Cytec”) and KEYSPAN GAS EAST CORPORATION d/b/a NATIONAL GRID (“National Grid”) (collectively, the “Defendants”), and has simultaneously filed a consent decree settling the lawsuit.  In the complaint, brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”) – commonly known as the Superfund statute – the United States alleged that the Defendants arranged for the disposal or treatment of mercury by Port Refinery, Inc. (“Port Refinery”), a mercury refining business in the Village of Rye Brook, New York, which led to releases of mercury into the environment.  Through the lawsuit, EPA sought to collect the costs that it has incurred since April 2004 in connection with its clean-up of mercury at the Port Refinery Superfund Site (the “Site”) in the Village of Rye Brook in Westchester County, New York.  The consent decree, which provides for a combined payment of $142,653 by the Defendants, has been lodged with the District Court for a period of at least 30 days, after which it will be submitted for the Court’s approval.

Acting United States Attorney Audrey Strauss said:  “Both Cytec and National Grid contributed to contamination in a residential community by arranging for the treatment or disposal of toxic mercury, and now they are each paying a share of the costs they have imposed on the community.  This Office will continue to hold responsible parties accountable for their share of the costs at the Site.”

Regional Administrator Peter D. Lopez said:  “These companies sent mercury-containing materials to this site where they were improperly handled, resulting in mercury being released into the environment and putting people in the area at risk.  Thankfully, EPA was able to take action to address the risk, and this settlement holds the companies accountable, ensuring that taxpayers don’t bear the full burden of the cleanup at this site.”

As alleged in the complaint filed yesterday in White Plains federal District Court, each of the Defendants arranged for the sale and transport of used or scrap mercury, or mercury-containing products, directly or indirectly to Port Refinery.  Port Refinery then processed these materials as part of a mercury refining business it operated out of a residence in Rye Brook, New York.  Port Refinery’s treatment and processing of the scrap mercury sent by the Defendants and other parties led to extensive releases of mercury, a hazardous substance, requiring two separate clean-up actions by EPA.  In connection with the second clean-up, which began in 2004, EPA has incurred costs at the Site for a variety of investigative and removal activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the Site.

In the consent decree filed yesterday, the Defendants admit and accept responsibility for the following:

• EPA has determined that from the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining, and processing.
• Port Refinery operated in the Village of Rye Brook out of a two-story garage bordered by private residences on its south, east, and west sides.
• EPA has determined that Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process.
• EPA has determined that Port Refinery released a significant amount of mercury into the environment, contaminating the Site.
• EPA has determined that mercury from the Defendants’ mercury-containing products was comingled at the Site and contributed to the mercury released into the environment.
• Defendants delivered materials containing scrap mercury to Port Refinery during its period of operations.

Pursuant to the consent decree, the Defendants will pay a total of $142,653 in costs incurred by EPA, consisting of $93,076 to be paid by Cytec, and $49,577 to be paid by National Grid.

*                *                *

This lawsuit is the United States’ fifth lawsuit against responsible parties to recover clean-up costs for the second clean-up at the Site.  Prior to this settlement, the United States had recovered $827,229 from other responsible parties.  The United States is continuing to pursue its claims against additional potentially responsible parties.

The consent decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval, to provide public notice and to afford members of the public the opportunity to comment on the consent decree.

This case is being handled by the Office’s Environmental Protection Unit.  Assistant U.S. Attorney Anthony J. Sun is in charge of the case.

A federal judge sentenced a Quapaw man today for sexually abusing a child under 12 years of age in Indian Country, announced U.S. Attorney Trent Shores.

U.S. District Judge Gregory K. Frizzell sentenced Wilkie Bill Burtrum, 60, to life in prison for the aggravated sexual abuse of a minor in Indian Country and to 360 months for abusive sexual contact with a child under 12 in Indian Country.  Burtrum previously spent 14 years in federal prison for sexually abusing two other children.

“After repeated convictions for child molestations, a life sentence of imprisonment was the only way to protect children from this monster. I am so proud that a young victim bravely spoke up and helped us stop Burtrum from hurting any other children,” said U.S. Attorney Trent Shores. “Because of a team of committed investigators, prosecutors, and victim specialists, Wilkie Burtrum was brought to justice. We stand ready to help any other child victim who may want to come forward.”

Burtrum was convicted of abusing the victim between August 2018 and October 2019. During his March trial, the prosecution contended that the defendant paid extra attention to the victim and offered him special privileges in order to gain the child’s trust. During the time the defendant and victim were together, Burtrum purposefully touched the victim sexually both over his pants and under his clothing. The child eventually confided in a relative then his father, who reported the crimes to authorities.

During the trial, an additional victim, who came forward during the investigation, also testified about abuse he suffered at the hands of Burtrum approximately five years ago. The prosecution further introduced into evidence a 1993 sexual abuse conviction, establishing a pattern of behavior by the defendant.  In that case, Burtrum served 14 years in prison for four counts of aggravated sexual abuse in Indian Country with children under 12.

Restitution will be determined at a later hearing set for Sept. 10, 2020. Burtrum remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.

The Quapaw Tribal Marshals Service and Miami Police Department conducted the investigation. Assistant U.S. Attorneys Shannon Cozzoni and Scott Proctor prosecuted the case.

This case was prosecuted as part of the Project Safe Childhood initiative. PSC combats the epidemic of child sexual exploitation and abuse and was launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

A man who possessed a sawed-off shotgun was sentenced today to seven years in federal prison.

Levi Farren Miller, age 30, from Waterloo, Iowa, received the prison term after a January 7, 2020 guilty plea to being a felon in possession of a firearm.

Evidence at sentencing hearing showed that Miller displayed a sawed-off shotgun while in a heated disagreement with a neighbor regarding the neighbor moving Miller’s items off the neighbor’s porch.  Miller, a white male, used racially charged language during the confrontation.  Miller had previously been convicted of multiple felonies, including burglary twice, theft twice, attempted burglary, and conspiracy to manufacture methamphetamine.

Miller was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Miller was sentenced to 84 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  The United States Attorney’s Office has prosecuted this case with support our Project Guardian partners. For more information about Project Guardian, please see https://www.justice.gov/ag/page/file/1217186/download.

Miller is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Waterloo Police Department.

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

The case file number is 19-cr-02031.

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United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of First Degree Murder and Assault Resulting in Serious Bodily Injury was sentenced on August 21, 2020, by Jeffrey L. Viken, U.S. District Judge.

Zachariah Michael Poor Bear, age 26, was sentenced to life in federal prison and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the First Degree Murder charge.  Poor Bear was sentenced to 10 years in federal prison, to be served concurrently to the murder charge, and was ordered to pay another $100 special assessment to the Federal Crime Victims Fund for the Assault Resulting in Serious Bodily Injury charge.

The conviction stemmed from Poor Bear killing a 19 month-old baby by inflicting blunt force trauma to her head and abdomen in May 2015 at Pine Ridge.  Poor Bear was found guilty at trial.    

“The murder of a child is incomprehensible,” said U.S. Attorney Parsons.  “We mourn the loss of this precious little girl and pray that the justice represented by this life sentence will bring some measure of rest to her family.”

“This crime was gut-wrenching and there is no question the sentencing is just,” said FBI Minneapolis Assistant Special Agent in Charge, Bob Perry. “The FBI is responsible for investigating the most serious crimes in Indian Country and along with our law enforcement partners, we will continue to aggressively pursue these cases. The FBI is committed to protecting all of the tribal communities we serve, helping victims, and ensuring that justice is met for violent offenders.”

The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the case.

Poor Bear was immediately remanded to the custody of the U.S. Marshals Service.