The Office of the United States Attorney for the District of Vermont announced that a federal grand jury returned a 19-Count Fourth Superseding Indictment yesterday charging Krystal Whitcomb, 28, formerly of Waterford, VT, Michael Hayes a.k.a. Moe, 38, formerly of Washington, DC, and John Welch, 34, formerly of Woodsville, NH, with using and carrying a firearm during and in relation to a drug trafficking crime, during which Whitcomb, Hayes and Welch caused the death of Michael Pimental by murder. Whitcomb, Hayes and Welch were also charged with discharging a firearm during and in relation to a drug trafficking crime and conspiracy to use and carry a firearm during a drug trafficking crime. Two new defendants were added to the indictment: Michael Ashford, 31, of Ryegate, VT, who is charged in a cocaine conspiracy with Hayes and Welch; and a sealed defendant who is charged as an accessory after the fact along with Hayes. The defendants will be arraigned on the indictment before U.S. Magistrate Judge John M. Conroy at a date to be scheduled in the future.

According to court documents and proceedings, on October 14, 2018, the body of Michael Pimental was found along the side of the road in Concord, VT. Pimental had been shot and his death has been ruled a homicide. Pimental was the boyfriend of Krystal Whitcomb and investigation revealed that Whitcomb and Pimental had been distributing heroin out of their residence in Waterford, VT. Michael Hayes, Michael Ashford and John Welch, all acquaintances of Whitcomb’s, were also involved in the sale of drugs. In and around the weekend of October 12, 2018, Whitcomb, Hayes and Welch planned the homicide of Pimental and on October 13, 2018, John Welch shot Pimental in connection with a drug trafficking crime. On October 14, 2018, Whitcomb and Hayes were stopped in New Hampshire in a Cadillac registered to Pimental. A search of the vehicle recovered firearms, and a large quantity of drugs and U.S. currency. Pimental’s blood was also found in the trunk of the car.  

In February 2019, John Welch offered to sell a firearm to a person in NH. Shortly thereafter, law enforcement found Welch along the side of the road in Bath, NH, attempting to dig in the ground with a shovel. Because it was February and the ground was frozen, law enforcement was not able to search the area where Welch had been digging.  However, in June 2019, law enforcement returned to the same location where Welch had been digging and ultimately found a backpack containing a firearm believed to be the murder weapon.   
 
The death resulting charge, 18 U.S.C. § 924(j), is punishable either by death or up to life imprisonment. The government has notified the court and the parties that the government will not seek the death penalty against the defendants. On the death resulting charge, Whitcomb, Hayes and Welch therefore each face a possible life sentence and up to a $250,000 fine.

Whitcomb, Hayes and Welch also face a mandatory minimum sentence of 10 years, a maximum of life, and up to a $250,000 fine on the charge of discharging a firearm during and in relation to a drug trafficking crime. On the cocaine conspiracy charge, Ashford faces a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and up to a $5,000,000 fine. The accessory after the fact charge carries a maximum of 15 years in prison and up to a $250,000 fine. The actual sentences would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.

This case was investigated by the Vermont State Police Major Crime Unit, the Department of Homeland Security Investigations, the New Hampshire State Police, the Bath New Hampshire Police Department and the Grafton County Sheriff’s Department.

“Today’s indictment is the result of a longstanding and successful collaboration between state and federal law enforcement,” said Maj. Dan Trudeau, commander of the Vermont State Police Criminal Division. “The Vermont State Police would like to thank all the investigators for their tireless work on this case.”  U.S. Attorney Christina Nolan stated:  “The grand jury indictment is the product of a relentless focus by law enforcement on combatting violent crime and the strong partnerships amongst Vermont law enforcement at all levels.” 

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.

The United States is represented in this matter by Assistant U.S. Attorneys Wendy L. Fuller and John J. Boscia. Krystal Whitcomb is represented by Michael Straub, Esq. Michael Hayes a.k.a. Moe is represented by Tom Sherrer, Esq. John Welch is represented by Robert S. Behrens, Esq. Michael Ashford is represented by Gordon Gebauer, Esq. 

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 enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities. 

             For more information, please see https://www.justice.gov/projectguardian.

Greenbelt, Maryland – A federal jury in Maryland yesterday convicted Nigerian national Seun Banjo Ojedokun, age 37, for a money laundering conspiracy related to a romance scam and other fraud schemes.  

The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

U.S. Attorney Robert K. Hur stated, “This defendant was part of a conspiracy that stole from many vulnerable and elderly victims across the United States, defrauding them through lies and laundering the funds internationally.  The deceit used to steal from these victims was heartless, considering how vulnerable and financially devastated they were.  Ojedokun was in Nigeria when he was committing these crimes.  Law enforcement was able to arrest him when he came to the United States to attend school here.  The U.S. Attorney’s Office and our law enforcement partners are committed to bringing to justice fraudsters who prey upon the elderly. We will continue our outreach efforts to make the public aware of scams and frauds targeting elderly victims and encourage anyone who believes they may be a victim to contact the newly launched Elder Fraud Hotline at 833-FRAUD-11 (833-372-8311).”

“These targeted scams are all to prevalent and the FBI, along with our law enforcement partners, are diligently working to alert and protect the public from falling victim,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office. “The arrest and conviction of Mr. Ojedokun, who was operating in Nigeria during the conspiracy, demonstrates the lengths that the FBI will go in order to hold accountable the people who commit these heinous crimes.” 

According to the evidence presented at his six-day trial, between 2013 and March 2015, Ojedokun conspired with Gbenga Benson Ogundele, Mukhtar Danjuma Haruna, a/k/a “Mukky,” and others to use money deposited into bank accounts by fraud victims to engage in financial transactions in order to promote the fraud scheme and conceal the nature, location, source, ownership, and control of the fraud proceeds.

According to evidence presented at trial, members of the conspiracy searched online dating websites to initiate romantic relationships with vulnerable men and women.  They phoned, e-mailed, texted and used Internet chat messenger services to form romantic relationships with the victims, who lived throughout the United States. 

Specifically, witnesses testified that members of the conspiracy used false stories and promises to convince the many victims to provide money to the conspirators, including fake hospital bills, plane trips to visit the victims, problems with overseas businesses, and foreign taxes.  Ogundele and other conspirators opened bank accounts, called “drop accounts,” in order to receive millions of dollars from the victims.  Testimony at trial showed that victims provided money to the conspirators as a result of the false stories and promises, either depositing money directly into drop accounts controlled by the conspirators, or by checks sent to the conspirators.  The loss to the eight victims who testified at trial was well over $1 million and the overall total loss was substantially higher.

In addition, the evidence at trial showed that the conspirators engaged in other types of fraud, including a fraudulent employment scam in which the victim was led to believe she had been hired by a company, and was instructed to deposit the proceeds of a fraudulent check into a drop account controlled by the conspirators.

According to the evidence, Ojedokun, Ogundele, Haruna, and their co-conspirators laundered money received from the fraud victims by buying used cars and shipping them to Nigeria, among other methods.  As part of the fraud schemes, Ojedokun and his co-conspirators transmitted and used images of financial transactions, including bank deposit receipts and wire transfer forms, as proof that a deposit of fraud money had been made by a victim.

Ogundele, age 61, formerly of Laurel, Maryland, was convicted in 2016 after a 17-day trial, of conspiracies to commit money laundering and wire fraud, as well as aggravated identity theft, and was sentenced to 234 months in federal prison.  Haruna, age 46, of Nigeria, remains a fugitive and charges against him are still pending.  In addition to Ogundele, eight other defendants were convicted for their roles in the fraud scheme and were sentenced to between a year and a day and 234 months in federal prison.

Ojedokun faces a maximum sentence of 20 years in federal prison for conspiracy to commit money laundering.  Actual sentences for federal crimes are typically less than the maximum penalties.  A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.  U.S. District Judge Paul W. Grimm has scheduled sentencing for January 20, 2021 at 10:00 a.m.

United States Attorney Robert K. Hur commended the FBI for its work in the investigation.  Assistant U.S. Attorney Thomas P. Windom and U.S. Attorney Robert K. Hur represented the United States at trial.

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FORT WAYNE – Roderick Dedeaux, age 30, of Fort Wayne, Indiana, was sentenced before U.S. District Court Judge Holly A. Brady following his plea of guilty to distributing more than 50 grams of methamphetamine, announced U.S. Attorney Kirsch.

Dedeaux was sentenced to 121 months in prison followed by 5 years of supervised release and he was ordered to forfeit a 2011 Honda Pilot. 

According to documents in this case, in May 2019, Dedeaux distributed 50 grams or more of methamphetamine. 

The case was investigated by the Federal Bureau of Investigation with the assistance of the Fort Wayne Safe Streets Gang Task Force comprised of the FBI, Indiana State Police, Allen County Police Department and the Fort Wayne Police Department.  The case was prosecuted by Assistant United States Attorneys Stacey R. Speith and Anthony W. Geller.   

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ALEXANDRIA, Va. – An Oregon man was sentenced today to 42 months in prison for his role in a $4 million bribery and fraud scheme related to a number of Department of Defense contracts to provide support services for the recovery and rehabilitation of wounded military veterans.

“Brodie Thomson’s greed caused him to put his own financial interests above the well-being of the wounded warriors,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “After receiving over $4 million in illegal kickbacks, Thomson admitted to attempting to obstruct the government’s investigation by creating fake business plans to make the kickback payments look like legitimate payments. Throughout the course of this investigation, Thomson made several poor and illegal decisions in an attempt to avoid being held accountable for his criminal conduct.”

According to court documents, Thomson, 45, of Redmond, a former executive for an Arlington company (referred to as Company A) solicited commercial bribes and kickbacks from an Oregon-based company (referred to as Company B), in exchange for influencing Company A to give favorable treatment to Company B in connection with the award of certain Defense Department subcontracts. From 2012 through 2015, Company A paid Company B over $16 million on labor that Company B performed for Company A in connection with running various athletic camps, clinics and games for wounded warriors around the United States. Thomson demanded that Company B pay him varying percentages of Company B’s profits on work received from Company A resulting in the payment of approximately $4.1 million in kickbacks during this three-year period. As part of the scheme to defraud Company A, Thomson directed employees of Company B how to mark up their invoices for labor when billing Company A for particular services Company B performed. Thomson did not disclose to Company A his receipt of the kickback payments from Company B for his own personal use. 

“The illegal manipulation of Federal government contracts costs the taxpayer and warfighter alike,” said Robert E. Craig Jr., Special Agent in Charge of the DCIS Mid-Atlantic Field Office. “DCIS is committed to working alongside our law enforcement partners to detect and deter fraud and bring those to justice that criminally exploit the contracting process.”

“Mr. Thomson’s scheme to defraud the Department of Defense and wounded military veterans threatened the integrity of our military’s acquisition process and wasted taxpayer money,” said John Salazar, Special Agent in Charge of the NCIS Washington Field Office. “This sentencing emphasizes how important it is for our military personnel and family members to remain vigilant and always report suspected fraud. It also serves as a warning that crimes targeting our military family will be fully investigated and the criminals brought to justice.”

“The defendant thought he could outsmart the system, he was mistaken,” said Frank Robey, Director of the U.S. Criminal Investigation Command's Major Procurement Fraud Unit. “This investigation is yet another example of our agents and our law enforcement partners working together to uncover corruption, protect the DoD and hold unscrupulous businesses accountable.”

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Robert E. Craig Jr., Special Agent in Charge for the Defense Criminal Investigative Service’s (DCIS) Mid-Atlantic Field Office; John Salazar, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington Field Office; and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU), made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorneys Heidi B. Gesch, Kimberly R. Pedersen, and Jack Hanly 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. 1:20-cr-67.

NEWARK, N.J. – A Morris County, New Jersey, couple who owned and operated construction businesses in Morris County admitted their roles in filing false tax returns that failed to report all their personal income, U.S. Attorney Craig Carpenito announced.

Roger Magill, 50, of Wharton, the owner and operator of Reliable Construction, a/k/a Reliable Paving and Hackensack Pavers, a/k/a Hackensack Paving – collectively, the Magill entities – pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an information charging him with three counts of tax evasion. His wife, Ruby Magill, 50, of Wharton, pleaded guilty before Judge Wigenton to an information charging her with one count of misprision of felony.

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

Roger Magill admitted that, between 2014 and 2016, he owned the Magill entities that operated in Morris County, New Jersey. Roger Magill admitted to obtaining hundreds of thousands of dollars in personal income from the Magill entities and attempted to hide his personal income from the IRS by using a fictitious identity to cash business checks at several check cashing businesses. Roger Magill admitted that he evaded paying $261,758 in personal income taxes. Ruby Magill admitted that she purposefully facilitated Roger Magill’s tax evasion scheme by allowing him to deposit his hidden income into business bank accounts that she operated and controlled.

The charges to which Roger Magill pleaded guilty carry a maximum potential penalty of five years in prison and a $250,000 fine. The charge to which Ruby Magill pleaded guilty carries a maximum potential penalty of three years in prison and a $250,000 fine. Sentencings are scheduled for Jan. 20, 2021.

U.S. Attorney Carpenito credited agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s guilty pleas.

The government is represented by Assistant U.S. Attorney Jamel Semper, Chief of the Organized Crime and Gangs Unit in Newark.

WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that Alfred Evans, 40, of Wilmington, was sentenced by U.S. District Judge Colm F. Connolly to 9 ½ years in prison after a wiretap investigation revealed his extensive drug dealing activities in Wilmington’s Hilltop neighborhood.

According to court documents, the Defendant was arrested in March of 2018 with over 500 grams of powder cocaine and over 190 grams of crack cocaine. He pled guilty to conspiring to distribute those drugs.   As mentioned in open court during the sentencing hearing, Evans has been convicted of ten prior felony offenses, and was previously declared a habitual offender by the State of Delaware.

U.S. Attorney Weiss stated, “This case demonstrates our continued commitment to work with our HIDTA partners to protect Wilmington neighborhoods from those who make the drug trade their profession.”

The case was investigated by the Drug Enforcement Administration (“DEA”) Group 41, which is part of the Liberty Mid-Atlantic High Intensity Drug Trafficking Area (“HIDTA”).  The DEA received significant assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and the Wilmington Police Department. Other agencies aiding the investigation included the New Castle County Police Department, and Delaware State Police.  Assistant U.S. Attorneys Christopher L. de Barrena-Sarobe and Laura D. Hatcher prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 19-CR-00061 (CFC).

A New Bern man was convicted after a three (3) day federal trial.  A jury returned guilty verdicts against Carlos Green, 33, for conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, 280 grams or more of crack cocaine and 500  grams or more of cocaine, distribution of 50 grams or more of methamphetamine, distribution of a quantity of methamphetamine, possession with intent to distribute a quantity of cocaine and crack cocaine, possession with intent to distribute a quantity of cocaine and possession of a firearm by a felon.   Green had a prior federal conviction and was prohibited from possessing this firearm.

On July 17, 2019, Craven County Sheriff’s Office and Kinston Police Detectives conducted a controlled purchase of a quantity of methamphetamine from Green at a sweepstakes business on Old Highway 70 in Cove City, North Carolina.

On July 24, 2019, ATF Agents, Craven County Sheriff Deputies and Kinston Police Detectives conducted a controlled purchase of more than 50 grams of methamphetamine from Green from the same sweepstakes business on Old Highway 70 in Cove City North Carolina.  The methamphetamine was more than 97% purity.

On August 21, 2019, ATF Agents, Craven County and Beaufort Sheriff’s Detectives conducted a search of Green’s Residence on Mill Road in Chocowinity North Carolina (Beaufort County).  Law enforcement found more than 100 grams of cocaine, a quantity of crack cocaine, pyric dishes with crack residue, a money counter and a load PLR-22 caliber handgun with a high capacity magazine.  

On December 10, 2019, ATF Agents and Craven County Detectives arrested Green at a residence on Durham Street in New Bern.  Law enforcement found on the stove a backpack that contained approximately three (3) ounce of cocaine.

During the investigation, Agents uncovered that Green was part of a drug trafficking organization that was importing pounds of methamphetamine through the mail for distribution into New Bern and Kinston, North Carolina.  In addition, Green was receiving nine (9) ounces of cocaine at a time from another source.  Green would cook four (4) ounces into crack cocaine.  Then all of this would be distributed into Eastern North Carolina. 

The investigation was part of OCDETF Operation Fighting JellyFish. An Organized Crime Drug Enforcement Task Force (OCDETF) is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.  This OCDETF focuses on a Multi-State Drug Trafficking Organization that has been involved in the distribution of large quantity of methamphetamine throughout the United States.

Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after the jury verdict before U.S. District Judge Louise W. Flanagan.  The Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Administration, with assistance from the Craven, Beaufort, and Onslow County Sheriff’s Offices and the Kinston Police Department.   Assistant U.S. Attorney Timothy Severo  prosecuted the case.

A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:20-cr-00005-FL.

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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.

A man who robbed five Tulsa and Sand Springs businesses was sentenced Tuesday in federal court to 300 months in prison, announced U.S. Attorney Trent Shores.

John Michael McIntosh, 23, of Tulsa, will serve an additional five years on supervised release. Chief U.S. District Judge John E. Dowdell further ordered McIntosh to pay $1,127.25 in restitution. 

“Let it be known that we will aggressively prosecute gun toting robbers like John McIntosh and seek lengthy federal prison sentences. After robbing five businesses in the Tulsa metro-area, McIntosh earned every day of his 25-year sentence,”  said U.S. Attorney Trent Shores. “The credit goes to our law enforcement partners and Assistant U.S. Attorneys Mark Morgan and Robert Raley who collectively performed great work to bring McIntosh to justice.”“

On Nov. 1, 2019, McIntosh pleaded guilty to five counts of obstructing, delaying, and affecting commerce by robbery and three counts of carrying, using, and brandishing a firearm during and in relation to a crime of violence.

In his plea agreement, McIntosh admitted that he robbed a Kentucky Fried Chicken in Sand Springs on Feb. 17, 2019; a Waters Liquor Store in Tulsa on Feb. 19, 2019; and a Liquor Mart in Tulsa on Feb. 21, 2019. He further admitted to robbing two QuikTrips, located in Tulsa and in Sand Springs, on Feb. 23. In all the robberies, McIntosh threatened employees while brandishing a handgun. During one of the robberies, the defendant pointed a gun at the cashier and demanded money from the register. He threatened to “blow her f***ing face off” if she didn’t comply.

The Sand Springs and Tulsa Police Departments and FBI conducted the investigation. Assistant U.S. Attorneys Mark R. Morgan and Robert T. Raley prosecuted the case.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Quondall Davis, 26, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to sex trafficking of a minor. The charge carries a minimum penalty of 10 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between April 2017 and July 2018, the defendant, a/k/a Hotdog, recruited Minor Victim 1 and Minor Victim 2 to engage in commercial sex acts. Davis posted ads on “Cityxguide.com,” to entice customers to engage in commercial sex acts with the minor victims. Cityxguide.com is a website providing classified advertising across the United States and internationally. Minor Victim 1 and Minor Victim 2 each engaged in commercial sex acts and gave a portion of the profits the defendant. Davis knew that both victims were under the age of 18.

The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for November 18, 2020, at 10:00 a.m. before Judge Siragusa.

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CLARKSBURG, WEST VIRGINIA – Seventeen people were charged with drug distribution in early September in a one-count indictment, U.S. Attorney Bill Powell announced.

Sixteen of the defendants were arrested in a multi-agency operation yesterday, September 15, 2020. Those charged and arrested for conspiracy to distribute heroin and cocaine base are:

• Alonzo Eugene Travis, age 27, of Detroit, Michigan
• Tyron Terreono Adams, age 26, of Detroit, Michigan
• Darius Dashawn Wade, age 26, of Grosse Pointe, Michigan
• Willie Clark, age 27, of Warren, Michigan
• Schuyler Davis, age 30, of Detroit, Michigan
• Kyle Alexander Martin, age 33, of Morgantown, West Virginia
• Kenneth Burns, age 34, of Morgantown, West Virginia
• Jeremy Hamlin, age 41, of Morgantown, West Virginia
• Donald Noel Smith, age 41, of Oakland, Maryland
• Alyssa Demus, age 30, of Fairmont, West Virginia
• Candis Sanders, age 38, of Morgantown, West Virginia
• Daniel McClung, age 40, of Morgantown, West Virginia
• Daniel Meadows, age 49, of Morgantown, West Virginia
• Andrew Benson, age 34, of Morgantown, West Virginia
• Larry Bruce Heaster, age 55, of Morgantown, West Virginia
• Lance Smith, age 46, of Confluence, Pennsylvania

The U.S. Marshals are looking for information leading to the arrest of Candice Marie Adams, age 40, of Morgantown, West Virginia. Anyone with information is asked to contact the U.S. Marshal Service at 304-623-0486.

Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Drug Enforcement Administration, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Monongalia County Sheriff’s Office investigated.

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

MARTINSBURG, WEST VIRGINIA – Damanya Terelle Carter, of Front Royal, Virginia, has admitted to his role in a drug distribution operation, U.S. Attorney Bill Powell announced.

Carter, 38, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine Hydrochloride.” Carter admitted to working with others to distribute cocaine hydrochloride in Jefferson County and elsewhere from February to March 2019.

Carter faces up to 20 years of incarceration and a fine of up to $1,000,000. 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 Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.

U.S. Magistrate Judge Robert W. Trumble presided.

ST. LOUIS, MO – United States District Judge Audrey G. Fleissig sentenced Justin McGee to 18 years in prison for robbing a dozen businesses. The 39-year-old St. Louis resident pleaded guilty in February to 12 robberies.

On September 12, 2018, McGee, armed with a firearm, entered the Cricket Wireless store located at 10006 W. Florissant, approached an employee, and stated that he needed a phone repaired. While the employee was looking at the phone, McGee pulled a firearm from his pocket, pointed it at the employee and demanded he open the cash register. The employee was ordered to the floor as McGee stole money from the register and then fled the store.

On October 10, 2018, McGee entered the Game Stop on Maplewood Commons Drive armed with a firearm, pointed it at the employee and demanded she open the cash register. After grabbing money from the register, McGee ordered the employee to the ground and left.

On October 12, 2018, McGee entered the T-Mobile store on N. Highway 67, engaged an employee in conversation, pointed a firearm at her and told her he would kill her. He then confronted the store manager and had both employees lie on the floor.  McGee had one of the employees crawl to the office to show him where the cash was located. McGee took money and left the store. 

On October 17, 2018, McGee entered the Game Stop located on South Kingshighway, engaged an employee in conversation, pushed him to the floor as he pointed a firearm at him and demanded the cash register be opened. A second employee opened the register. McGee grabbed the store’s money and left the store.

On October 19, 2018, McGee entered the Boost Mobile store on Manchester, rushed toward an employee and pointed a firearm at her. He pushed her to the floor and poked her back with the firearm. She opened the cash register.  McGee grabbed the store’s money and ran out the door. 

On November 23, 2018, McGee entered the Smoothie King on Forest Park as the employees were preparing to close for the day. McGee placed his hand in his pocket as if he had a firearm and told them he wanted no problems. After he ordered the employees to kneel on the floor, McGee grabbed the store’s money and left. 

On December 15, 2018, McGee entered Kings Beauty Supply on Aubert and engaged an employee in a conversation about a hair clipper. McGee produced a firearm and announced a robbery. Pointing the firearm at two employees, McGee ordered one to lie on the ground. He grabbed the store’s money and hair clippers and left the store.

On February 4, 2019, McGee entered the Boost Mobile Store in North Oaks Plaza and engaged an employee in a conversation before pulling out his firearm and walking behind the counter. The employee pulled his own firearm and fired a shot striking McGee in the head. McGee was able to flee. 

On March 7, 2019, McGee entered the BP gas station on Olive Road and began to climb over the counter to open the cash register. As he climbed over the counter, he pointed an air pistol at the employee. A fight ensued. The employee was able to grab the air pistol and McGee ran from the store. 

On March 26, 2019, McGee entered the Family Dollar on North Grand, approached a cashier and told her to open her cash drawer. When she told him she could not, he pointed a caliber firearm at her. At that time, the manager opened the cash register. McGee took money and fled the store.

On March 29, 2019, McGee entered the Qdoba Restaurant on Lindell and approached the cashier as if to place a food order. McGee brandished a firearm and demanded money. McGee took money and left the store. 

On April 7, 2019, McGee entered the Dollar Tree on Aubert, approached the cashier and told him not to “trip” as he pointed a firearm at him. The cashier gave McGee money and McGee left the store. 

The Saint Louis Metropolitan Police Department and the Federal Bureau of Investigation investigated this case. Assistant United States Attorney Tom Mehan is handling the case.

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Mobley, 25, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to being a felon in possession of a firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that in the early evening hours of May 23, 2020, Rochester Police Officers responded to the area of 31 Lenox Street for a report of male with a gun. As officers approached the area, they observed defendant grab his waistband and run. Officers gave chase but momentarily lost sight of the defendant in the backyard of 81 Lenox Street. Mobley was ultimately located in a nearby garage on Lenox Street. Other officers searched the defendant’s path and located a loaded semiautomatic pistol with an obliterated serial number. 

In October 2014, Mobley was convicted in Monroe County Court of Criminal Possession of a Weapon in the Second Degree and sentenced to 42 months in jail. As a result of that conviction, the defendant is legally prohibited from possession a firearm and ammunition.

The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. 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.

The plea is the result of an investigation by the Rochester Police Department, under the direction of Acting Chief Mark Simmons, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

Sentencing is scheduled for December 2, 2020, at 2:00 p.m. before Judge Larimer.

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PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to one year of probation and ordered to perform 150 hours of community service on her guilty plea to mail fraud and engaging in monetary transactions in property derived from specified unlawful activity, United States Attorney Scott W. Brady announced today.

Chief United States District Judge Mark R. Hornak imposed the sentence on Aliya Zaman, 51.

According to information presented to the court, Aliya Zaman and her husband owned and operated Ninja Babcock, a pawn/resale shop in Ross Township, Pennsylvania. The Zamans knowingly and willfully purchased health and beauty aids (HBAs), stolen by opioid-dependent individuals from various commercial retailers, such as Rite-Aid, Wal-Mart and Giant Eagle, for pennies on the dollar. The stolen HBAs were then resold through Amazon.

Prior to imposing sentence, Judge Hornak stated that although Aliya Zaman pled guilty to financial crimes, her conduct fueled the opioid addiction of numerous Pittsburgh residents.

Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.

United States Attorney Brady commended the Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service, Federal Bureau of Investigation, Pennsylvania Office of Attorney General, City of Pittsburgh Bureau of Police, Shaler Township Police Department and Ross Township Police Department for the investigation leading to the successful prosecution of Aliya Zaman.

ST. LOUIS, MO – United States District Judge John A. Ross accepted a plea, today, from 48-year-old Ashu Joshi. Joshi, a St. Louis resident, pleaded guilty to distribution of child pornography.

According to a plea agreement, Joshi was 46 years old and a doctor when he began a relationship with a 16-year-old girl. Joshi met the girl through her mother. The mother was a former patient of the doctor’s in Kentucky. The doctor and victim had sex and took pornographic pictures. Both exchanged photos over Facebook messenger.

In October 2018, a St. Louis County Police Officer received four cyber-tips from the National Center for Missing and Exploited Children. The tips were first to the Bowling Green, KY Police Department. The BGPD then asked St. Louis County Police for help after investigators learned one of the parties lived in St. Louis County.

The tip told investigators, between August and September 2018, a Facebook account linked to the doctor uploaded and sent several pictures containing child pornography.

The charge of distribution of child pornography carries a maximum penalty of 20 years imprisonment and a fine of no more than $250,000.

Judge Ross has set sentencing for October 7, 2020.   

The Federal Bureau of Investigation, St. Louis County Police Department and the Regional Computer Crimes Education and Enforcement Group investigated this case. Assistant United States Attorney Colleen Lang and Investigator Donya Jackson are handling the case for the United States Attorney’s Office.

CLARKSBURG, WEST VIRGINIA – Philip K. Finley, of Clarksburg, West Virginia, was sentenced today to 228 months incarceration for drug distribution and firearms charges, United States Attorney Bill Powell announced.

Finley, age 53, pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine” and one count of “Possession of Firearm in Furtherance of Drug Trafficking Crime” in January 2019.

Finley admitted to distributing methamphetamine in Harrison County from March until September 2018. He also admitted to having 12 different firearms in his possession during the crime.

This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.

Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. 

U.S. District Judge Thomas S. Kleeh presided.

ST. LOUIS, MO – United States Judge John A. Ross sentenced Ryan Palmieri to 80 months in prison for child enticement. The 37 year old is a resident of Charleston, South Carolina.

Palmieri traveled, in January 2019, from South Carolina to the St. Louis area to meet the victim who he had previously met through a cellular phone application. The victim, at the time, was 13 years old. During his six-day stay in the St. Louis area, Palmieri rented an Airbnb and engaged in several sexual acts, including sexual intercourse, with teenager.  

On April 29, 2019, Palmieri traveled from South Carolina to the St. Louis area to meet the 13 year old for a second encounter. Again, Palmieri rented an Airbnb and engaged in several sexual acts, including sexual intercourse, with the victim. 

The Federal Bureau of Investigation, St. Louis County Police Department, Jefferson County Police Department and the St. Louis Child Exploitation Task Force diligently investigated this case.  Assistant United States Attorney Dianna Collins prosecuted the case.  

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Scott Gaddy, 50, of Albany, NY, a lobbyist registered with the State of New York, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to theft of government money. The charge carries carry a maximum penalty of one year in prison and a $100,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant owns and operates the lobbying firm Excelsior Advocates, LLC. On September 8, 2017, an individual known to the FBI approached Gaddy about paying a bribe to a member of the New York State Assembly (Member A) in order to introduce certain legislation concerning a proposed development project in the Town of Brighton. That legislation would have had the effect of impeding the proposed project and making it more difficult to proceed. On September 26, 2017, the defendant took receipt of cash from the individual, with the understanding that it would be used to bribe Member A and induce Member A to introduce the proposed legislation.    

Subsequently, Gaddy recommended to the individual that rather than having Member A introduce the proposed legislation, another member of the New York State Assembly—Joseph Errigo—would be used to do it.  Gaddy then facilitated the introduction of the individual to Assemblyman Errigo. The defendant was aware that the individual began making bribe payments to Assemblyman Errigo for the purpose of introducing the proposed legislation. Thereafter, Gaddy transmitted the proposed legislation concerning the development project in the Town of Brighton to Assemblyman Errigo.

On February 9, 2018, in connection with facilitating the proposed legislation, Gaddy stated to the individual and Assemblyman Errigo that he (Gaddy) had also “greased the skids” with Member A. In truth and in fact, the defendant did not pay the intended bribe to Member A as represented, but wrongfully converted the money to his own personal benefit.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Sentencing is scheduled for December 11, 2020, at 1:00 p.m. before Judge Wolford.

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SALT LAKE CITY – A Park City man, who claimed to have access to millions of N95 masks made by 3M and made allegedly fraudulent representations in an effort to sell them, is charged with wire fraud in an indictment unsealed Tuesday in Salt Lake City.

John Anthony Taylor, 46, did not have the masks, was not an authorized representative of 3M, and attempted to sell the masks to an undercover FBI agent, charging documents allege.

“Rooting out pandemic-related fraud is one the highest priorities for the Department of Justice and my office. Experienced investigators and prosecutors are dedicated to holding accountable those who would use this challenging environment to pad their own pockets,” U.S. Attorney John W. Huber said today.

Taylor is the founder and owner of Positive Marketing, LLC and Wasatch Promotional Products, LLC.  3M Company is Delaware Corporation with its principal place of business in St. Paul, Minn.  3M sells a wide range of products, including N95 masks.

According to documents filed in court as a part of the case, in April 2020, the FBI in Houston, Texas, was contacted by an attorney representing a medical company concerned about an entity purporting to have access to one billion 3M N95 masks. At the time, publicly available information indicated the global production numbers of N95 masks was well below a billion a month.

The FBI opened an investigation that ultimately resulted in an introduction to Taylor in Utah.  According to charging documents, an undercover agent made contact with Taylor and asked for documents proving Taylor actually had the masks. Taylor sent an email with a fake purchase order from 3M.  3M has confirmed it has no relationship with Taylor.

According to the indictment, Taylor made a variety of other alleged false representations as a part of his scheme including:

• He was a representative for the 3M company and was authorized to sell its 1860 N95 masks
• Because of the COVID-19 pandemic, he had recently started to focus on selling masks through his business, Wasatch Promotional Products
• He had contracts for “a million, 30 million, 60 million [masks] for a couple different state governments”
• He had completed several shipments of 3M 8210 masks
• He could broker a deal for 3 million 1860 N95 masks for $5.49 per mask
• He would receive “lot numbers” and show “proof of life” to prove that the order was legitimate
• He had successfully brokered deals with 3M previously
• A purchase order he attached to an email was from 3M 

 
Taylor was initially arrested on a complaint and had an initial appearance in federal court in Salt Lake City on May 4, 2020.  He was released on special conditions of supervised release. He was arraigned on the indictment Tuesday and entered a plea of not guilty to the wire fraud charge. A three-day trial is set for Nov. 23, 2020, before U.S. District Judge David Sam. 

The potential maximum penalty for the charge in the indictment is 20 years in federal prison. 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 Utah U.S. Attorney’s Office in Salt Lake City are prosecuting the case.  Special agents of the FBI in Houston, with the assistance of the FBI in Salt Lake City, are conducting the investigation.

LAS VEGAS, Nev. – Andres Rafael Viola, 36, an Argentine citizen residing in Las Vegas, was sentenced today to 35 years in federal prison for repeatedly sexually assaulting a child, producing images of the sexual abuse, and possessing hundreds of images and videos of child sexual assault, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Francisco Burrola for Homeland Security Investigations (HSI), and Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department (LVMPD).

Viola pleaded guilty in February 2020 to sexual exploitation of children and possession of child pornography. In addition to imprisonment, U.S. District Judge Richard F. Boulware II sentenced Viola to a lifetime term of supervised release. Under the Sex Offender Registration and Notification Act (SORNA), Viola must register as a sex offender. Viola’s sentence also includes a $10,000 assessment pursuant to the Justice of Victims of Trafficking Act.

According to court documents, in May 2019, the National Center for Missing and Exploited Children (NCMEC) received a report from Yahoo, Inc. indicating that a user received child pornography sent by Viola, who was using the dark web Tor network to distribute images of child sexual assault.

On June 7, 2019, federal law enforcement arrested Viola at his Las Vegas residence. Law enforcement determined that Viola had supervisory control over a child victim. A forensic examination of electronic devices that were seized from Viola’s home revealed nearly 350 child pornography images and video, including Viola’s sexual exploitation of the child victim and a curated collection of child pornography from other victims. Viola had used the dark web to distribute, trade, and share the child sexual assault materials he created of the child victim.

For the hands-on offenses related to the child victim, Viola pleaded guilty in Nevada state court to one count of Sexual Assault of a Child under the Age of 14.

This case was the product of an investigation by HSI and the LVMPD. Assistant U.S. Attorneys Bianca Pucci and Elham Roohani prosecuted the case.

To report child sexual abuse and exploitation, contact the NCMEC at 1-800-THE-LOST (1-800-843-5678) or online at https://report.cybertip.org/.

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 U.S. Attorney’s Offices and the Department of Justice’s Child Exploitation and Obscenity Section, 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.justice.gov/psc.

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