NEWARK, N.J. – Four people were arrested today for their roles in a conspiracy to commit bank fraud, including soliciting U.S. Postal Service (USPS) employees to steal check books and credit cards from the mail, depositing fraudulent checks, including pandemic relief checks, and using credit cards without authorization, U.S. Attorney Craig Carpenito announced.

Jeffrey Bennett, 26, of Irvington, New Jersey; Tashon Ragan, 21, of Hillside, New Jersey; Jahaad Flip, 21, and Janel Blackman, 41, both of Newark, are each charged by complaint with one count of conspiracy to commit bank fraud. Ragan and Flip are also charged with one count of passing fictitious obligations, namely counterfeit Economic Impact Payment (EIP) checks.  Bennett and Ragan are also charged with one count each of aggravated identity theft.  All four defendants are scheduled to appear this afternoon via videoconference before U.S. Magistrate Judge Mark Falk.

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

From February 2019 to May 2020, a group that referred to themselves as the “Members,” and their associates, including Bennett, Flip, and Ragan, conspired to solicit and did solicit USPS employees, including Blackman, to steal U.S. mail containing checks, checkbooks, debit cards, and credit cards in exchange for cash. Once they received stolen checks, Bennett, Flip, Ragan, and others, fraudulently forged the signatures of the accountholders and negotiated the checks by making them payable to individuals, some of whom were New Jersey high school students, who had given the Members and their associates access to their accounts, also in exchange for cash. Bennett, Flip, and Ragan then attempted to and did deposit the fraudulent checks online and at various bank ATMs throughout New Jersey and later withdrew funds from the bank accounts before the victim banks could discover the fraud and decline the checks. Bennett also used the stolen credit cards to purchase gift cards or Apple products, which he then resold to generate additional proceeds from the scheme. Bennett, Flip, Ragan, and Blackman split the proceeds of the fraud among themselves.

Ragan and Flip are also charged with depositing thousands of dollars of counterfeit EIP checks purportedly issued pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. The CARES Act authorized EIP payments structured as one-time refundable tax credits to certain eligible taxpayers of $1,200 for individuals, $2,400 for married couples filing jointly, and up to $500 for each qualifying child.   

The conspiracy charge is punishable by a maximum potential penalty of 30 years in prison. The passing fictitious obligations charge is punishable by a maximum penalty of 25 years in prison. The aggravated identity theft charge is punishable by a mandatory sentence of two years in prison to be served consecutively to any other term of imprisonment imposed. The bank fraud conspiracy also carries a fine of up to $1 million. All other charges are punishable by a maximum $250,000 fine. 

U.S. Attorney Carpenito credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn; special agents with the U.S. Postal Service – Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office; special agents with IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; and special agents with the Office of the Treasury Inspector General for Tax Administration (TIGTA), under the direction of Special Agent in Charge Andrew McKay, with the investigation leading to today’s arrests. He also thanked the Summit Police Department, the New Providence Police Department, the Piscataway Police Department, the Newark Police Department, the South Orange Police Department, and the Little Falls Police Department for their assistance.

The government is represented by Assistant U.S. Attorneys Jonathan Fayer and Elaine K. Lou of the Criminal Division in Newark.

The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Theft in Connection with Health Care, Theft From a Tribal Organization, and Obtaining Controlled Substances by Deception.

Michael Brian Whirlwind Soldier, age 47, was indicted on September 9, 2020.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 15, 2020, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that between December 17, 2019, and July 28, 2020, Whirlwind Soldier, a paramedic and the director of the Crow Creek Ambulance Service, did knowingly and willfully embezzle, steal, and convert without authority to his own use hundreds of vials of fentanyl, morphine, and hydromorphone belonging to the Crow Creek Ambulance Service.

The charges are merely accusations and Whirlwind Soldier is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Department of Health and Human Services, the Drug Enforcement Administration, the South Dakota Division of Criminal Investigation, and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

Whirlwind Soldier was released on bond pending trial.  A trial date has not been set.

BOSTON – A Templeton man pleaded guilty today to illegal possession of firearms and ammunition, including an AR-15 short-barreled rifle.

John Shaw, 30, pleaded guilty to one count of being a felon in possession of ammunition and one count of unlawful possession of a firearm not identified by serial number. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 12, 2021. Shaw was arrested in September 2019 and indicted in October 2019.

During the execution of a search warrant at Shaw’s residence on Sept. 24, 2019, an AR-15 short-barreled rifle that did not bear a serial number, over 50 rounds of .22 Long Rifle caliber ammunition, 27 rounds of .357 Sig caliber ammunition, 10 expended brass cartridge cases and one complete round of 30-06 ammunition were seized. Shaw was previously convicted in Winchendon District Court of breaking and entering in the night with intent to commit a felony and assault and battery with a dangerous weapon. As a previously convicted felon, Shaw was prohibited from possessing a firearm and ammunition.

The charges each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Loring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Edward Lee made the announcement today. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office is prosecuting the case.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Kurt Batucan Sheldon (29, Interlachen) with one count of production of child exploitation material and two counts of distribution of child exploitation material. If convicted, Sheldon faces a mandatory minimum penalty of 15 years, and up to 30 years, in federal prison for the production count and a minimum mandatory penalty of 5 years, and up to 20 years, on each distribution count. In a previous detention hearing, held on September 14, 2020, the court ordered Sheldon detained pending further proceedings.

According to the indictment, Sheldon produced child exploitation material on May 3, 2020, and distributed child exploitation material on May 24 and May 26, 2016. 

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. 

Any person who was, or knows of someone who may have been, a possible child victim is urged to contact HSI at 1-866-DHS-2ICE or online via http://www.ice.gov/webform/hsi-tip-form.

This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorneys Ashley Washington and Kelly Karase.

It is another case 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.justice.gov/psc. 

Jackson, Miss. – U.S. Attorneys Mike Hurst of the Southern District of Mississippi and William C. “Chad” Lamar of the Northern District of Mississippi announced today that Justice Department’s Office on Violence Against Women (OVW) will direct over $6 million in grant funding to Mississippi to bolster efforts throughout the state to curb domestic violence.

With domestic violence continuing to proliferate throughout Mississippi, affecting not only victims but also their families and friends, U.S. Attorney Hurst is also announcing a new initiative entitled “Operation Pheonecia,” in honor of a local victim of domestic violence, Pheonecia Ratliff of Canton, Mississippi, to combat this growing threat.

According to the Centers for Disease Control and Prevention, 1 in 4 women and 1 in 7 men will experience physical violence by their intimate partner at some point during their lifetimes. About 1 in 3 women and nearly 1 in 6 men experience some form of sexual violence during their lifetimes. Intimate partner violence, sexual violence, and stalking are high, with intimate partner violence occurring in over 10 million people each year.

 “These grants will help victims escape abuse, seek justice, and rebuild their lives,” said OVW Principal Deputy Director Laura Rogers.  OVW’s current and forthcoming investments in Mississippi foster coordinated responses to violence against women, making resources available to local and tribal communities for investigation and prosecution, transitional housing, and culturally specific victim services, and training for professionals who respond to these crimes.

“Today, we are recommitting to do even more to combat the scourge that is domestic violence. These grants and Operation Pheonecia will go a long way in making our homes, our families and our communities safer,” said U.S. Attorney Hurst. “By bringing together law enforcement, victim advocates, our courts, attorneys, and the general public, we can effectively fight domestic violence and get victims the help they so desperately need.”

“There are far too many Mississippians and Americans who fall victim to domestic violence at the hands of an intimate partner, family member or parent. For many of these victims, home is a place for fear and pain rather than a refuge or safe place.  Our office is committed to working alongside state and local partners to combat this problem and these grants will significantly aid in ongoing efforts to combat domestic violence across our state and nation,” remarked U.S. Attorney Lamar.

1. Grant Awards

Among the more than $6 million in awards that will be issued to organizations and government agencies in Mississippi are:

• TheMississippi State Department of Health will receive $2,271,297 in formula funds to support law enforcement, prosecutors, victim services providers, and courts in working collaboratively to respond to domestic and sexual violence.
• TheMississippi Band of Choctaw Indians is receiving four awards, totaling $2,149,722, to: fund a cross-deputized tribal prosecutor to pursue cases involving domestic violence, sexual assault, and other serious crimes in tribal court, federal court, or both; bolster coordinated community responses to violence against women; strengthen the tribal criminal justice system in preparation for exercising special domestic violence criminal jurisdiction under the Violence Against Women Act; and provide services specifically for sexual assault victims.
• TheMississippi Coalition Against Sexual Assault is receiving $152,345, and the Mississippi Coalition Against Domestic Violence is receiving $91,274, to coordinate victim services and training, and collaborate with federal, state, and local entities across the state.
• TheMississippi Coalition Against Sexual Assault is also being awarded an additional $500,000 to provide training and technical assistance to colleges and universities throughout the nation to address violence against women on campus.
• Care Lodge Domestic Violence Shelter, Inc., in Meridian, is receiving a grant of $550,000 to provide transitional housing for domestic violence victims.
• Our House, Inc., in Greenville, is receiving $288,300 to provide services tailored to the needs of Black survivors of sexual assault in rural areas.

Mississippi’s grant recipients will also have access to training and technical assistance to help them implement effective strategies for keeping victims safe and holding offenders accountable. One example is OVW’s Stalking Prevention, Awareness, and Resource Center, a project of the Washington, DC-based Aequitas: The Prosecutor’s Resource on Violence Against Women, which is receiving $1.5 million this year to continue providing training and other resources to law enforcement, prosecutors, and victim services providers to combat stalking. Stalking is a crime that often occurs alongside domestic violence and is associated with a higher risk of domestic violence-related homicide, so equipping justice and victim services professionals with tools for responding to stalking can help them reach victims before it is too late.

1. “Operation Pheonecia”

Named in honor of Pheonecia Ratliff of Canton, Mississippi, who lost her life on May 14, 2020, due to domestic violence, “Operation Pheonecia” is a new initiative by the U.S. Attorney’s Office for the Southern District of Mississippi to directly combat domestic violence with the intent to prevent harm and loss of life before they occur.  The presence of a gun in a domestic violence situation increases the risk of homicide by 500%, and with intimate partner violence accounting for 15% of all violent crime and with almost 20% of domestic violence incidents involving a weapon, the U.S. Attorney’s Office knew it had to act. 

Under this initiative, and by working with federal, state and local law enforcement and nonprofit entities, the U.S. Attorney’s Office is making the investigation and prosecution of federal domestic violence crimes a priority.  In addition, “Operation Pheonecia” will involve a campaign to put domestic abusers on notice of their prohibition to possessing firearms, train law enforcement on how to investigate federal domestic violence crimes, provide education for local judges as to the impact of their orders on potential federal criminal prosecutions, and bring awareness to local bar associations and the public on how to report domestic violence crimes to and work with federal authorities, with the overarching goal to reduce domestic violence, save lives and assist victims.

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The Office of Justice Programs provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.

The Office on Violence Against Women provides federal leadership in developing the national capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking.

Anyone affected by abuse and wishes to seek support should please call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or text LOVEIS to 22522.

LOUISVILLE, Ky. – A Louisville, Kentucky, man, who fired the shot that killed a 7-year old child on May 21, 2017, has been sentenced to 70 months, followed by 3 years supervised release by U.S. District Judge Claria Horn Boom. Judge Boom also sentenced Williams to 24 hours per year of community service speaking about gun violence in this community. There is no parole in the federal system.    

“Dequante Hobbs’ seven years of life mattered; to his family, his neighborhood, and to his entire community,” said U.S. Attorney Russell Coleman. “Law enforcement is but one tool, but we seek to use it wisely to target the trigger-pullers like Wyatt Williams who are ending the promising young lives of so many of our neighbors here in Louisville.”

Wyatt Lamar Williams, 26, of Louisville, Kentucky, pled guilty to three counts of possession of a firearm while he was addicted to or a user of a controlled substance on January 10, 2020.

According to a sentencing memo from the United States, Williams used social media to sell and distribute firearms to others within the community and admitted freely to using controlled substances. Furthermore, one of the firearms the defendant possessed was stolen.

Williams actions with a firearm ended the life of Dequante Hobbs in Louisville. According to reports a dispute broke out at a dice game near Dequante’s residence. During the dispute, Williams began firing a Bersa .380 caliber pistol at others involved in the dice game. One of the rounds from the firearm went through a window at a nearby residence and struck the 7-year old child, causing his death. Louisville Metro Police Department homicide detectives identified Williams as the shooter in the killing and arrested him.

On May 23, 2017, two-days after Dequante’s death, Williams was found in possession of yet another firearm – a stolen Hi-Point 9 millimeter pistol.

The defendant was also successfully prosecuted by the Office of Jefferson Commonwealth’s Attorney Tom Wine and previously pled guilty in Jefferson Circuit Court to second degree manslaughter, two counts of wanton endangerment and receiving a stolen firearm, and received a 20 year state sentence.   

The case is being prosecuted by Assistant United States Attorneys Tom Dyke & Larry Fentress (now retired) and United States Attorney Russell Coleman. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in concert with the Louisville Metro Police Department (LMPD). 

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Orlando, Florida –A federal jury has found Michael David Harrison (52, Sparks, NV) guilty of transportation of child pornography. Harrison faces a mandatory minimum penalty of 15 years, and up to 40 years, in federal prison. His sentencing hearing is scheduled for December 3, 2020.

Harrison had been indicted on December 4, 2019. 

According to testimony and evidence presented at trial, Harrison transported multiple videos depicting the sexual abuse of young children from his home in Nevada to Florida. He then transported the videos on a cruise to the Bahamas. Agents from U.S. Customs and Border Protection detected the videos on Harrison’s computer when he reentered the United States. Harrison was previously convicted, in 2009, of multiple sex offenses against victims under the age of 16.

This case was investigated by U.S. Customs and Border Protection, Homeland Security Investigations, and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang. 
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.justice.gov/psc.

NEWARK, N.J. – Five Essex County men have been arrested today and charged with distribution of heroin, fentanyl and cocaine in and around the Reservoir Site Townhouses in Newark, U.S. Attorney Craig Carpenito announced.

Arrested today and charged by complaint are:

• Dayvon Rogers, 29, of Newark, two counts of distribution of cocaine in August and September 2020;
• Rasheed Gilbert, 27, of East Orange, one count of distribution of cocaine in January 2020, and one count of distribution of heroin and cocaine in January 2020;
• Naim Frazier, 32, of Newark, one count of distribution of heroin and fentanyl in January 2020;
• Rahjohn Montgomery, 27, of East Orange, one count of distribution of heroin in January 2020, and one count of distribution of heroin, fentanyl, and cocaine in June 2020; and
• Rasheen Thomas, 25, of Newark, one count of distribution of heroin and cocaine in June 2020, three counts of distribution of heroin and cocaine in July 2020, and two counts of distribution of heroin and cocaine in August 2020.

The defendants are scheduled to appear by videoconference this afternoon before U.S. Magistrate Judge Mark Falk.

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

The defendants sold narcotics in and around the Reservoir Site Townhouses in Newark, selling to individuals who were confidential informants working with law enforcement. The narcotics sales were documented through audio and video recordings, text messages, and physical surveillance.

Each count in the complaints carries a maximum penalty of 20 years in prison and a fine of $1 million.

U.S. Attorney Carpenito credited special agents of the FBI, Newark Division, under the direction of Special Agent in Charge George M. Crouch Jr.; the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose; Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; the East Orange Police Department, under the direction of Chief Phyllis Bindi: and Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, with the investigation leading to the charges.

This investigation is part of the Violent Crime Initiative (VCI) in Newark. The Newark VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the sole purpose of combatting violent crime in and around the Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI includes the U.S. Attorney’s Office, the DEA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, New Jersey State Parole Board, New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center, and New Jersey Department of Corrections.

The government is represented by Assistant U.S. Attorneys Emma Spiro and Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.

The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ADAM ROGAS, the co-founder and former CEO, CFO, and member of the board of directors of Las Vegas-based cyberfraud prevention company NS8, Inc. (“NS8”), was charged in a Complaint in Manhattan federal court with securities fraud, fraud in the offer and sale of securities, and wire fraud.  ROGAS used fraudulent financial data to obtain over $123 million in financing for NS8, of which he personally obtained approximately $17.5 million.  ROGAS was arrested today in the District of Nevada and is expected to be presented before a judge there tomorrow.

Acting Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Adam Rogas was the proverbial fox guarding the henhouse.  While raising over $100 million from investors for his fraud prevention company, Rogas himself allegedly was engaging in a brazen fraud.  Today’s arrest of Rogas ensures that he will be held accountable for his alleged scheme.”

FBI Assistant Director William F. Sweeney Jr. said:  “It seems ironic that the co-founder of a company designed to prevent online fraud would engage in fraudulent activity himself, but today that’s exactly what we allege Adam Rogas did. Rogas allegedly raised millions of dollars from investors based on fictitious financial affirmations, and in the end, walked away with nearly $17.5 million worth of that money. Within our complex financial crimes branch, securities fraud cases remain among our top priorities. We’ve seen far too many examples of unscrupulous actors engaging in this type of criminal activity, and we continue to work diligently to weed out this behavior whenever and wherever we find it.”

As alleged in the Complaint unsealed today in Manhattan federal court: 
    
ADAM ROGAS was a co-founder of NS8, and served as its CEO, CFO, and a member of its board of directors.  ROGAS was also primarily responsible for the company’s fundraising activities.  NS8, based in Las Vegas, Nevada, is a cyberfraud prevention company that developed and sold electronic tools to help online vendors assess the fraud risks of customer transactions.  In the fall of 2019 and the spring of 2020, NS8 engaged in fundraising rounds through which it issued Series A Preferred Shares and obtained approximately $123 million in investor funds.

ROGAS maintained control over a bank account into which NS8 received revenue from its customers, and periodically provided monthly statements from that account to NS8’s finance department so that NS8’s financial statements could be created.  ROGAS also maintained control over spreadsheets that purportedly tracked customer revenue, which were also used to generate NS8’s financial statements.

ROGAS altered the bank statements before providing them to NS8’s finance department to show tens of millions of dollars in both customer revenue and bank balances that did not exist.  In the period from January 2019 through February 2020, between at least approximately 40% and 95% of the purported total assets on NS8’s balance sheet were fictitious.  In that same period, the bank statements that ROGAS altered reflected over $40 million in fictitious revenue.

ROGAS used these materially misleading financial statements to raise approximately $123 million from investors in the fall of 2019 and the spring of 2020.  During the fundraising process, ROGAS also provided the falsified bank records he had created to auditors who were conducting due diligence on behalf of potential investors.  After these fundraising rounds concluded, NS8 conducted a tender offer with the funds raised from investors, and ROGAS received $17.5 million in proceeds from that tender offer, personally and through a company he controlled.

*                      *                      *

ROGAS, 43, of Las Vegas, Nevada, is charged with one count of securities fraud, which carries a maximum sentence of 20 years in prison, one count of fraud in the offer or sale of securities, which carries a maximum sentence of five years in prison, and one count of wire fraud, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the work of the FBI.  Ms. Strauss further thanked the Securities and Exchange Commission for its cooperation and assistance in this investigation.   

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorneys Richard Cooper and Jared Lenow are in charge of the prosecution.   

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

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

United States Attorney Erica H. MacDonald today announced the guilty plea of BRETT JAMES STIMAC, 41, to wildlife trafficking and trespassing on Indian land after removing the head of a 700 pound black bear on the Red Lake Indian Reservation. STIMAC, who was charged by misdemeanor Information on December 6, 2019, entered his guilty plea today before Judge Susan Richard Nelson in U.S. District Court in St. Paul, Minnesota.

According to the defendant’s guilty plea and documents filed in court, on the evening of September 1, 2019, STIMAC, who is not an enrolled member of the Red Lake Band of Chippewa Indians, willfully, knowingly and without authorization or permission, entered the Red Lake Indian Reservation for the purposes of hunting a bear. The Government contends that STIMAC, using a compound bow, shot and killed a large American black bear near the Reservation’s garbage dump.

According to the defendant’s guilty plea and documents filed in court, on September 2, 2019, STIMAC returned to the dump the following day and located the bloody carcass of the bear. STIMAC posed for photographs with the bear’s carcass and later shared the photographs on social media. Because of the bear’s large size, STIMAC was unable to move the bear from the Reservation. Instead, STIMAC used a saw to remove the bear’s head for a trophy. STIMAC brought the bear’s head to a taxidermist in Ironton, Minnesota, and left the remainder of the carcass to spoil.

The Red Lake Band of Chippewa Indians does not permit non-Indians to hunt bear, a clan animal, within the boundaries of the Red Lake Indian Reservation, due to the bear’s spiritual importance to the Band.

This case is the result of an investigation conducted by the Minnesota Department of Natural Resources, the Red Lake Department of Public Safety, the Red Lake Department of Natural Resources, and the U.S. Fish and Wildlife Service, with assistance from the Beltrami County Attorney’s Office.

Special Assistant U.S. Attorney Gina L. Allery and Assistant U.S. Attorney Emily A. Polachek are prosecuting the case.

Defendant Information:

BRETT JAMES STIMAC, 41

Brainerd, Minn.

Convicted:

• Lacey Act wildlife trafficking, 1 count
• Trespass on Indian lands, 1 count

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

John H. Durham, United States Attorney for the District of Connecticut, announced that ARCADIO DONES, also known as “Gordo,” 45, of Hartford, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 100 months of imprisonment, followed by four years of supervised release, for fentanyl distribution and firearm possession offenses.

According to court documents and statements made in court, law enforcement received information that Dones was distributing fentanyl from a restaurant parking lot in Hartford’s North Meadows neighborhood.  On three occasions in September 2018, investigators conducted controlled purchases of fentanyl from Dones.

Dones was arrested on September 27, 2018.  On that date, a court-authorized search of his residence revealed a loaded Smith and Wesson .40 caliber pistol, more than 200 rounds of ammunition, approximately 200 grams of fentanyl, more than one kilogram of cocaine, a drug ledger, numerous items used in the processing and packaging of narcotics for street sale, $2,110 in cash, and other items.  Investigators also seized more than $2,200 in cash from Dones’ person and vehicle.

Dones’ criminal history includes felony convictions for narcotics, firearm, aggravated battery, robbery and larceny offenses.

It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Dones has been detained since his arrest.  On February 4, 2020, he pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl, and one count of possession of a firearm by a convicted felon.

This matter was investigated by the Federal Bureau of Investigation’s Northern Connecticut Gang Task Force and the Hartford Police Department.  The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.  The case was prosecuted by Assistant U.S. Attorney Brian P. Leaming.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.

GREAT FALLS — A Harlem man who admitted beating and strangling a woman on the Fort Belknap Indian Reservation was sentenced today to51 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.

Douglas Floyd Main, 33, pleaded guilty in May to domestic abuse by habitual offender.

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

In court documents filed in the case, the prosecution said Main beat and strangled a dating partner in November 2019 at a residence in Fort Belknap Agency, on the Fort Belknap Indian Reservation. Main had two prior convictions of abuse of a family member in 2007 and 2015 in Fort Belknap Tribal Court.

Assistant U.S. Attorney Jared Cobell prosecuted the case, which was investigated by the FBI and Fort Belknap Law Enforcement Services.

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SAN FRANCISCO – Charges were filed today in a criminal complaint alleging that Alan Varela and Bill Gilmartin, the president and vice president, respectively, of a Bay Area civil engineering and construction firm, bribed Mohammed Nuru, formerly San Francisco’s Director of Public Works, announced United States Attorney David L. Anderson, and Siddhartha Patel, Assistant Special Agent in Charge of the Federal Bureau of Investigation.  Additional facts regarding the investigation and charges can be found here: https://youtu.be/J1EJRrM0k3g

According to an affidavit filed in connection with the complaint, Varela and Gilmartin provided gifts and benefits to Nuru since at least as early as 2013, including, among other things, $20,000 in meals and a tractor worth $40,000 for Nuru to use at his personal vacation home.  In exchange for these benefits, Nuru allegedly provided Varela and Gilmartin with a steady stream of illegal inside information about a lucrative San Francisco public contract to build and operate an asphalt recycling plant that Varela and Gilmartin sought.

Additional documents filed today in court indicate that two other contractors previously charged in the ongoing public corruption probe intend to plead guilty. In one case, a filed plea agreement indicates that Balmore Hernandez, the CEO of a local construction company, will plead guilty and has agreed to cooperate in the government’s investigation.  In the other case, local contractor Florence Kong will also plead guilty, and will admit that she bribed Nuru with, among other things, a Rolex watch worth more than $35,000, in return for which Nuru corruptly helped Kong obtain San Francisco public contracts, including work at her recycling facility.  Kong will also admit lying to the FBI about her interactions with Nuru.  Kong’s guilty plea is not a cooperation plea.

Varela and Gilmartin are the seventh and eighth defendants to be charged as part of the graft probe.  Hernandez and Kong are the third and fourth defendants to plead guilty.  Charges were previously filed against Nuru and local restaurateur Nick Bovis on January 28, 2020.  In June of this year, charges were filed against Hernandez and Kong, as well as against Sandra Zuniga, the Mayor’s Fix-It Director.  Charges were also filed in June against Walter Wong, a local contractor and permit expediter.  Hernandez joins Wong and Bovis in agreeing to cooperate with the government’s investigation.

“Public works contracts in San Francisco are supposed to be awarded on a merit system in San Francisco for the benefit of the residents and taxpayers of San Francisco,” said U.S. Attorney Anderson.  “The complaint filed today alleges that this merit system was undermined with insider information and favorable treatment.  Instead of awarding public works contracts on the basis of merit, the defendants allegedly sought to secure significant profits on the basis of bribes and backroom deals.”

“While our investigation is ongoing, I hope the resolutions in the Hernandez and Kong cases will help restore confidence in our city governments for Bay Area residents,” said assistant SAC Patel.  “San Francisco City Hall can and will function without the influence of the corruption we have seen unravel in this case.”

Varela and Gilmartin face a maximum statutory penalty of up to 10 years in prison, as well as fines that could go as high as $250,000 or twice the gross gain or loss from the alleged bribery scheme.  In addition, the court may order additional terms of supervised release and restitution.  However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553

The prosecution is being handled by the Office of the U.S. Attorney, Northern District of California’s new Corporate Fraud Strike Force and is the result of an investigation by the FBI.

HOUSTON – A former Harris County judge has admitted to embezzling funds received during her re-election campaigns, announced U.S. Attorney Ryan K. Patrick and Special Agent in Charge Perrye K. Turner of the FBI Houston Division.

Alexandra Smoots-Thomas, 44, Houston, was the presiding judge for the 164th District Court for the State of Texas and had jurisdiction over Texas civil cases located within Harris County. She first ran for judicial office in 2008 and  successfully ran for re-election in 2012 and 2016. Several individuals and political action committees had made substantial donations to those re-election campaigns.  

Today, she pleaded guilty to one count of wire fraud, admitting she embezzled some of those funds. She repeatedly solicited contributions on the premise the money would be used to help facilitate her re-election campaigns. However, Smoots-Thomas used the campaign funds for non-campaign expenses to include monthly home mortgage payments, private school tuition payments and personal luxury items. She concealed this spending from both her campaign treasurer and the Texas Ethics Commission by filing false campaign finance reports.

Following the plea today, U.S. District Judge Lynn H. Hughes allowed Smoots-Thomas to immediately proceed to sentencing. The court heard arguments from the government citing how Smoots-Thomas abused her position and asked for a fair sentence within the U.S. Sentencing Guidelines. Judge Hughes permitted her release following her time already served in custody. Restitution will be determined at a hearing set for Oct. 26.

The FBI conducted the investigation. Assistant U.S. Attorneys Ralph Imperato and John Pearson prosecuted the case.

ST. LOUIS, MO – Chief United States District Judge Rodney W. Sippel sentenced Roy William Burris, Jr., 40, of Paramount, California, to 25 years in prison for his role in a conspiracy to distribute more than five kilograms of cocaine.

On February 12, 2020, at the conclusion of a 10-day jury trial, Burris was found guilty of the crime of conspiracy to distribute cocaine, and the jury further found that the quantity of cocaine involved in the conspiracy attributable to Burris was five kilograms or more.

Trial evidence established that this was an organized crime conspiracy in which Burris and others purchased hundreds of thousands of dollars’ worth of cocaine in multi-kilogram amounts for further distribution and sale.  As part of the conspiracy, Burris, operating in Southern California and elsewhere, obtained bulk quantities of cocaine from suppliers with ties to the Sinaloa Cartel.  Burris then organized multi-kilogram sales of cocaine to others for further distribution.

Burris was originally arrested at the Long Beach Airport in California on February 29, 2016, en route to St. Louis, carrying a loaded handgun, seven cellular phones, drug ledgers reflecting hundreds of thousands of dollars’ worth of drug transactions, and other indicia of drug trafficking.  Following his release in California, Burris continued to traffic cocaine and was arrested again on March 30, 2016, in Hawaiian Gardens, California, in possession of 5 kilograms of cocaine and approximately $150,000 in U.S. Currency.   Burris was again released and ultimately traveled to Culiacán, Mexico, to meet with members of the Sinaloa Cartel about distributing bulk amounts of cocaine in St. Louis, Missouri.  On September 7, 2016, Burris, along with other members of the conspiracy, succeeded in having approximately 10 kilograms of cocaine shipped via UPS to the Silver Lining bar in South St. Louis.  DEA agents were able to successfully intercept the shipment, and Burris was subsequently arrested in California.

At the sentencing hearing, Chief Judge Sippel discussed the seriousness of the offense, including the immeasurable and tragic consequences of Burris’s distribution of over 100 kilograms of cocaine into American communities, and noting the countless families who have lost a loved one to addiction and illegal drugs.  

At the time Burris participated in the instant conspiracy, he was on probation for a prior drug trafficking offense committed in Kentucky.

This case was investigated by the United States Drug Enforcement Administration, specifically DEA Chicago, DEA St. Louis, DEA Los Angeles; the St. Louis Metropolitan Police Department; LA IMPACT (Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force); California State Highway Patrol; ICE (Homeland Security Investigations, Los Angeles, CA); U.S. Customs and Border Protection (San Ysidro, CA); and the Long Beach Police Department.  This case was prosecuted by the United States Attorney’s Office for the Eastern District of Missouri with assistance from the United States Attorney’s Office for the Northern District of Illinois.

NEW ORLEANS – The United States Attorney’s Office announced that ARVIND “MIKE” VIRA (“VIRA”), age 74, a resident of New Orleans, Louisiana, pled guilty today to a years-long conspiracy with First NBC Bank president Ashton J. Ryan to defraud the New Orleans-based bank that failed in April 2017.

According to court documents, in 2006, Ryan lobbied VIRA to move his business accounts to First NBC Bank.  VIRA agreed and became a customer of First NBC Bank.  Thereafter, Ryan provided VIRA with preferential treatment.  Although VIRA was assigned another loan officer, Ryan acted as his de facto loan officer at the bank.  Ryan provided VIRA with low interest rates for VIRA’s loans.  He also ensured that VIRA received high interest rates on his savings and checking accounts.  Ryan personally approved 3% interest rates for savings and checking accounts held by VIRA, his businesses, and his family members.  Ryan instructed VIRA to inflate his assets on bank loan documents, and VIRA complied by claiming to have substantial real estate and outside bank accounts that did not exist.

VIRA, in turn, provided personal loans to Ryan at Ryan’s request.  Ryan, knowing that such a loan relationship was prohibited by banking regulations, instructed VIRA to conceal this personal loan relationship from First NBC Bank employees.  During an FDIC regulatory exam in December 2012, FDIC examiners discovered that Ryan had borrowed money from First NBC Bank using VIRA’s loan proceeds. When examiners questioned him, Ryan admitted to their relationship, but claimed that he had not been aware that the source of the funds were First NBC Bank loan proceeds.

In order to further conceal the loans that he made to Ryan, VIRA misrepresented or omitted the interest payments he received from Ryan on his personal tax returns from 2011 through 2015.  From 2011 through 2017, VIRA received approximately $1,220,271.07 in profits from Ryan’s interest payments and from Ryan’s preferential treatment at First NBC Bank.

“The FBI and our law enforcement partners have dedicated significant time and resources toward investigating the failure of FNBC, which resulted in nearly a billion dollar loss to the FDIC. Individuals like Mr. Vira who engage in fraudulent schemes that impact the security of financial institutions are being held accountable. His guilty plea today should be a deterrent to others who would attempt to defraud our nation's banking system,” said Bryan Vorndran, FBI New Orleans Special Agent in Charge.

“We are pleased to work with our law enforcement partners in bringing to justice those who conspire to defraud financial institutions regulated and supervised by the Federal Reserve Board,” said Stephen Donnelly, Acting Special Agent in Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection.

“We are pleased to join our law enforcement colleagues in bringing Mr. Vira to justice,” stated Laurie Younger, Special Agent in Charge of the Office of Inspector General for the Federal Deposit Insurance Corporation. 

VIRA pled guilty to one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Sections 371 and 1344.  The maximum penalties that may be imposed at sentencing are five years in prison; a fine of $250,000 or the greater of twice the gain to VIRA or twice the loss to any victim; and up to three years of supervised release.

U.S. District Judge Nannette Jolivette Brown set VIRA’s sentencing for January 7, 2020.

This case is being investigated by the Federal Bureau of Investigation; the Federal Deposit Insurance Corporation, Office of Inspector General; and the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Office of Inspector General. Assistant U.S. Attorneys Sharan E. Lieberman, Matthew R. Payne, Nicholas D. Moses, and J. Ryan McLaren are in charge of the prosecution.

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EUGENE, Ore.—U.S. Attorney Billy J. Williams announced today that a Colorado man has been charged with a hate crime after stabbing a Black man from Ontario, Oregon while the man was sitting in a fast food restaurant.

A federal grand jury in Eugene has returned a one-count indictment charging Nolan Levi Strauss, 26, a Colorado resident, with a hate crime involving an attempt to kill.

According to the indictment, on the morning of December 21, 2019, a 48-year-old Black man arrived at an Arby’s fast food restaurant adjoining the Pilot Travel Center in Ontario where he planned to provide final documentation for a pending job application. The man sat in the lobby of the restaurant while waiting for the manager.

Unprovoked and without warning, Strauss approached the man from behind and stabbed him in the neck. Following a struggle for the knife, the man freed himself and Strauss was detained by store employees. When asked by the store employee why he attacked the man, Strauss stated he did so because the man “was Black, and I don’t like Black people.”

The stabbing resulted in two lacerations to the victim’s neck. Afterward, he was life-flighted to Boise, Idaho for emergency surgical intervention.

Strauss will make his first appearance in federal court on October 19, 2020. If convicted, he faces a maximum sentence of life in federal prison.

This case was investigated by the FBI with assistance from the Ontario Police Department, Oregon State Police, and the Malheur County District Attorney’s Office. It is being prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon, and Cameron A. Bell, Trial Attorney for the Civil Rights Division.

An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.

Baltimore Maryland – U.S. District Judge Catherine C. Blake today sentenced Lance Andre Lucas, age 44, of Baltimore, Maryland, to 18 months in federal prison, followed by three years of supervised release, for federal honest services wire fraud and use of an interstate facility to carry on unlawful activity, also known as the Travel Act.  

The sentence 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.

“Lance Lucas paid $42,500 to former Maryland Delegate Cheryl Glenn in exchange for official actions, to give his businesses an advantage,” said U.S. Attorney Robert K. Hur.  “Legislative decisions must be made in the best interests of the public, not in exchange for bribes.  The U.S. Attorney’s Office and the FBI will continue to hold accountable those who pay bribes to benefit their own interests over the public good.”

“As evident in today's sentencing, public corruption is not merely focused on persons holding public office, but extends to anyone attempting to leverage access to those with influence for personal benefit,” said Jennifer C. Boone, Special Agent in Charge of the FBI Baltimore Field Office.  “The FBI's pledge to the public is that we will seek to root out public corruption wherever it may be, no matter the person, position, or purpose.”

According to his plea agreement, Lance Lucas was an entrepreneur and businessman.  He was employed by Company 1, which developed the Cyber Warrior Diversity Program curriculum to sell to institutions offering education and training to persons interested in cybersecurity professions.  Lucas partnered with other individuals who were involved in businesses engaged in distributing or growing medical marijuana, including Company 2 and Company 3.  Company 2 was awarded a Stage One license pre-approval for a medical marijuana dispensary license by the Natalie M. LaPrade Maryland Medical Cannabis Commission, and sought final approval from the Cannabis Commission.  Company 3 applied for a medical marijuana growing license in May 2019.

 Until her resignation on December 18, 2019, Cheryl Glenn was a Maryland State Delegate representing District 45, which covered portions of Baltimore. 

As detailed in the plea agreement, from May 22, 2018 through July 30, 2019, Lucas paid Glenn $42,500, defrauding the citizens of Maryland of the right to her honest services by providing bribes in exchange for Glenn’s official actions.  Specifically, Lucas paid bribes for Glenn to introduce legislation that included a provision requiring the award of contracts under the Cyber Warrior Diversity program to certain businesses that met specified criteria.  Company 1 met the criteria specified in the initial draft of the bill, although that provision was removed in the final bill.  Lucas also paid bribes to Glenn to help Company 2 to obtain final approval from the Cannabis Commission for a medical marijuana dispensary license.  Finally, Lucas paid bribes to Glenn to assist him with the Cannabis Commission to ensure that Company 3’s application for a medical marijuana growing license was selected during the “double-blind” review process.

Lucas admitted that he wrote checks made out to Glenn personally, not to her campaign committee, and that he provided her with cash payments.  Lucas made several statements that money was not an issue and that he would not leave anything to chance.  Lucas also assured Glenn that they would not be caught and stated “I’m from Baltimore for real, for real Baltimore . . . This is the least illegal thing I’ve ever done.  This is like patty-cake compared to the [expletive] in Baltimore City.”

United States Attorney Robert K. Hur commended the FBI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Leo J. Wise, who prosecuted the case.

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PHILADELPHIA – United States Attorney William M. McSwain announced that Jerry Zweitzig, 71, of Hatboro, PA, was sentenced to 200 years in prison and lifetime supervised release by United States District Court Judge Wendy Beetlestone for manufacturing and attempted manufacturing of child pornography. The charges stemmed from the defendant’s sexual abuse of an infant and a young girl under ten years of age, both of whom were in the defendant’s care at the time of the abuse. Zweitzig was a pastor at the Horsham Bible Church at the time of the abuse. He was sentenced for the charges in both cases today.

In the case involving the young girl, Zweitzig pleaded guilty to five counts of manufacturing and attempted manufacturing of child pornography and one count of possession of child pornography. The charges arose from the defendant’s sexual exploitation of the girl over a period of years, his photographing and videotaping of this sexual abuse, and his collection of more than 10,000 images of child pornography involving thousands of other children on four different hard drives found in his home. According to court documents, the collection included disturbing images of prepubescent children being raped by adult males, forced oral sex on babies and young girls by adult men and women, and insertion of objects into children – many of which show children crying and clearly in pain.

In the case involving the infant, Zweitzig pleaded guilty to one count of manufacturing and one count of attempted manufacturing of child pornography. The charges were based on a video that the defendant made in 2010 that depicts an infant under six months of age being coaxed to suck on adult male genitalia. In the video, Zweitzig’s voice can be heard repeatedly saying: “that’s a good boy.”

“The level of depravity in these cases leaves me almost speechless,” said U.S. Attorney McSwain. “I will simply say this: today’s sentence ensures that Zweitzig will die in prison, which is probably a better fate than what he deserves.”

“Safeguarding children from being victimized by predators is a top priority for Homeland Security Investigations,” said Brian A. Michael, Special Agent in Charge of Homeland Security Investigations Philadelphia. “Mr. Zweitzig’s behavior is deplorable, and the exploitation of children is inexcusable. HSI special agents and our law enforcement partners will relentlessly pursue child predators, in every form, and ensure those who commit these atrocious crimes are brought to justice.”

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ 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.

The case was investigated by the Department of Homeland Security, Homeland Security Investigations, the Horsham Police Department, and the Montgomery County District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Eric L. Gibson.

GREAT FALLS – A California man who admitted to trafficking meth for supplying almost two pounds of the drug, which was drug hidden in a peanut butter jar and a piñata and mailed to the Fort Peck Indian Reservation, was sentenced today to six yearsin prison andfive years of supervised release, U.S. Attorney Kurt Alme said.

Don Fred Baldwin, 47, of Merced, CA, pleaded guilty in May to distribution of meth.

Chief U.S. District Judge Brian Morris presided.

The prosecution said in court documents that Baldwin, through another person, mailed a package on Nov. 7, 2019 from California to Brockton, located on the Fort Peck Indian Reservation. Law enforcement officers intercepted the package, obtained a search warrant and found meth hidden inside a jar of peanut butter and a piñata. The amount of meth totaled about 776 grams, which is 1.7 pounds and the equivalent of approximately 6,208 doses. Baldwin provided the meth to the other individual, who mailed the drug.

Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Fort Peck Tribal Criminal Investigators and the Merced, CA, Police Department.

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

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