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Former Superintendent of Rockbridge County Regional Jail Sentenced on Federal Civil Rights and Bribery Charges

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ROANOKE, Va. – John Marshall Higgins, the former superintendent of the Rockbridge County Regional Jail, was sentenced today to 51 months in federal prison for charges related to federal civil rights violations and public corruption.

According to court documents, Higgins, 62, a former member of the Rockbridge County Board of Supervisors, was convicted following a six-day bench trial in 2020 of three counts of deprivation of civil rights for denying medical care to an inmate and failing to protect two inmates from physical abuse, one count of conspiracy to commit mail and honest services fraud, and two counts of mail and honest services fraud for accepting things of value in exchange for engaging in official acts.

“Higgins violated the public trust placed in him as jail superintendent.  He repeatedly interfered with certain sentences handed down by Virginia courts, taking matters into his own hands by allowing the abuse of certain inmates, but treating another inmate favorably to enrich himself,” Acting U.S. Attorney Bubar said today.  “As the court found today, this conduct was simply egregious and went on for years.  Today’s significant sentence ought to serve as a deterrent to any public servant who may be tempted to carry out the administration of justice with anything less than fairness under the law.  I thank the FBI, the Virginia State Police, the Rockbridge County Commonwealth Attorney's Office and the prosecution team for their tireless work to bring Higgins to justice.”

“The responsibility of investigating federal Civil Rights and Color of Law violations rests with the FBI, regardless of an individual's status amongst our community or law enforcement affiliation,” Special Agent in Charge Stanley M. Meador of the FBI’s Richmond Division said today. “In his official capacity, Mr. Higgins turned a blind-eye to the medical needs and security of inmates while profiting personally by helping another.  A clear abuse of his position, and catalyst for mistrust in law enforcement - which cannot and should not be tolerated.  We are fully committed to protecting the rights of all citizens, and appreciate the partnership of the Virginia State Police, the Rockbridge County Commonwealth Attorney's Office, and the Western District of Virginia, United States Attorney's Office during this investigation.”

According to evidence presented at his trial, Higgins, as superintendent of the jail, failed to protect the rights of inmates at the regional jail by failing to provide an inmate with medical treatment and failing to protect that inmate from physical abuse from other inmates, which resulted in bodily injury.  On multiple occasions Higgins was made aware of abusive conduct towards certain inmates and did nothing to prevent the abuse from occurring. On one occasion, Higgins refused to allow an inmate with potentially serious injuries to be seen by a physician for three days. The inmate was only provided medical care after other staff members sent the inmate to the hospital emergency room.

In addition, evidence demonstrated that Higgins, while superintendent of the jail, agreed to accept things of value from the family and friends of an inmate at the Rockbridge Regional Jail in exchange for providing preferential treatment to the inmate.  These family members and friends provided at least $3,000 in payments and other items to a scholarship fund operated by Higgins and his family.  The evidence demonstrated that in exchange for these payments, the inmate, who had been ordered to serve a three-year sentence at the Department of Corrections for vehicular manslaughter, received significant privileges while incarcerated at the Rockbridge Regional Jail.  These privileges and preferential treatment included, but were not limited to, unsupervised contact visits with family and friends at the jail and at a farm located in Rockbridge County and deliveries of ice cream from Higgins to the inmate.  Higgins also upgraded the cable package at the jail at the inmate’s request and granted the inmate unfettered access to jail facilities and Higgins’ personal office. Finally, at Higgins’ direction, the inmate was never sent to the Virginia Department of Corrections to serve his sentence, as dictated by policy and procedure, but instead served his entire sentence at the Rockbridge Regional Jail.  

Gary Andrew Hassler, the former head nurse at the jail, was also convicted as part of the investigation. Hassler was convicted in 2020 following a jury trial on one count of impeding a federal investigation into civil rights violations at the Rockbridge Regional Jail by falsifying a document. Evidence at trial showed that on March 5, 2017, Hassler falsified a document to claim an inmate at the jail refused medical care.  Hassler was sentenced to a term of imprisonment of twelve months and one day.

The Federal Bureau of Investigation and the Virginia State Police investigated the case. The Commonwealth Attorney’s Office for Rockbridge County assisted with the investigation.

Assistant U.S. Attorneys Zachary T. Lee and Matthew Miller prosecuted the case.


Man Admits Committing Mail Fraud while Serving Federal Sentence for Previous Fraud

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CAMDEN, N.J. – The president of a company providing goods to government agencies today admitted to attempting to defraud businesses in connection with government contracting, Acting U.S. Attorney Rachael A. Honig announced.

Keith Fisher Sr., 62, of Philadelphia, Pennsylvania, and Burlington, New Jersey, pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to an indictment charging him with one count of mail fraud. Fisher also pleaded guilty to violating the conditions of his supervised release from a prior conviction.

According to documents filed in this and other cases and statements made in court:

On July 18, 2017, Fisher was sentenced by Judge Bumb to 60 months in prison for conspiring to commit mail fraud using various companies he owned and controlled. In that case, Fisher and his companies won bids for U.S. government contracts; subcontracted with victim-businesses to provide goods to the government pursuant to the contracts; collected payments from the government for fulfilling the contracts; and then failed to pay the subcontractor victim-businesses that actually provided the goods.

The fraud scheme charged today involved another company, Atlantic Safety Corp., controlled by Fisher, and began when Fisher was nearing the end of his previous prison sentence. Fisher used Atlantic Safety to bid on federal contracts through Unison Marketplace, a reverse auction online marketplace that enabled government agencies to post requirements for goods. Upon submitting a winning bid, Atlantic Safety was awarded a contract to provide goods to a government agency.

Fisher orchestrated his fraud by using an alias to subcontract with a third-party vendor to provide goods directly to the government agency. Fisher induced the third-party vendor to ship the goods to the government agency on credit by falsely promising to pay the vendor for the goods. Fisher also made fraudulent representations to other potential subcontractor vendors about the creditworthiness and financial status of Atlantic Safety.

The mail fraud count carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 13, 2021.

Acting U.S. Attorney Honig credited special agents with the U.S. Naval Criminal Investigative Service, Northeast Field Office, under the direction of Acting Special Agent in Charge Michael T. Wiest; special agents with the General Services Administration Office of Inspector General, Office of Investigations Mid-Atlantic Division, under the direction of Special Agent in Charge Eric D. Radwick; and special agents with the U.S. Department of State Office of Inspector General, Office of Investigations, under the direction of Special Agent in Charge Michael Speckhardt, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.

Prince George’s County Man Pleads Guilty to Federal Drug and Gun Charges

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Greenbelt, Maryland – Marvel David Yarborough, age 30, of Capitol Heights, Maryland, pleaded guilty today to the federal charges of possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime.   

The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Malik Aziz of the Prince George’s County Police Department.

According to his guilty plea, on February 21, 2020, Prince George’s County Police officers conducted a traffic stop of a vehicle being driven by Yarborough, after observing that the driver was not wearing a seat belt and did not properly use his turn signal.  When approaching the vehicle officers observed Yarborough attempting to conceal objects in his groin area and  detected the odor of phencyclidine (“PCP”) from his person and vehicle.  Yarborough was searched and officers recovered approximately 34 baggies and capsules containing a white, rock-like substance.  The substances were tested in the lab and found to contain 10.5 grams of crack cocaine, .352 grams of fentanyl, and 17.6 grams of PCP.  In addition, law enforcement recovered $1,012 in cash from Yarborough’s vehicle, numerous empty baggies and several digital scales.

In March 26, 2020, law enforcement executed a search warrant at Yarborough’s residence and recovered an AM-15 rifle, with a loaded drum-style magazine containing eight rounds of ammunition from the hall closet.  An additional drum-style magazine was found on the kitchen table, loaded with 14 rounds of ammunition.  Law enforcement also seized: 100 capsules found to contain 9.234 grams of crack cocaine and 26.7 grams of powder cocaine; 6.68 grams of PCP; drug paraphernalia; and a notebook containing references to drugs and the names and numbers of drug customers.

Yarborough’s cell phone was also seized and subsequently searched.  The phone contained text conversations about drugs and guns, photographs of Yarborough with the AM-15, and photographs of drugs and drug paraphernalia.  The text messages reflect that Yarborough possessed the AM-15 in furtherance of his drug trafficking.

Yarborough and the government have agreed that, if the Court accepts the plea agreement, Yarborough will be sentenced to between 78 and 114 months in federal prison.  U.S. District Judge George J. Hazel has scheduled sentencing for August 5, 2021 at 2:00 p.m. 

Acting United States Attorney Jonathan F. Lenzner commended the ATF and the Prince George’s County Police Department for their work in the investigation.  Mr. Lenzner thanked Assistant U.S. Attorney Catherine K. Dick, who is prosecuting the case.

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Three Current and Former NYPD Police Officers Charged with Towing Company Bribery Scheme

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A nine-count indictment was unsealed today in federal court in Brooklyn charging Heather Busch, Robert Hassett, and Robert Smith with five counts of using interstate facilities to commit bribery and two counts of conspiracy to violate the Travel Act.  Smith is also charged with attempting to transport at least one kilogram of heroin and possessing a firearm during the commission of that crime.  During the relevant period, Smith, Busch, and Hassett were New York City Police Department (“NYPD”) police officers assigned to the 105th Precinct in Queens.  Smith retired from the NYPD in March 2020. 

The defendants were arrested this morning and will be arraigned this afternoon before United States Chief Magistrate Judge Cheryl L. Pollak.

Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr. Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, NYPD, announced the charges.

“As alleged, the defendants shamelessly violated their oaths of office and the public trust by trading their badges for cash payments,” stated Acting United States Attorney Lesko.  “This Office will vigorously pursue corrupt public servants like these defendants, who exploited their positions as police officers for personal gain.” Mr. Lesko expressed his grateful appreciation to Internal Revenue Service-Criminal Investigation for their assistance with the case.

“Behavior like the type alleged today is a disgrace.  It erodes public trust in law enforcement and tarnishes the reputations of the many thousands of officers who honorably serve our communities on a daily basis.  The FBI and NYPD stand together on this – Our shared oath is to uphold the law and protect the public.  Nobody is above the law, and we will not tolerate illegal behavior, especially among the ranks of sworn law enforcement officers,” stated FBI Assistant Director-in-Charge Sweeney.

“There is zero tolerance in the NYPD for corruption of any kind. Wherever it is alleged, our NYPD investigators, with our partners in the Federal Bureau of Investigation and the United States Attorney’s Office in the Eastern District of New York, work tirelessly to ensure it is punished to the fullest extent of the law,” stated NYPD Commissioner Shea.

The Tow Truck Scheme

Beginning in September 2016, NYPD Officers Smith and Hassett responded to automobile accidents by allegedly directing the damaged vehicles to a licensed tow trucking and automobile repair business (the “Business”) operated by an individual (the “Individual”), instead of using the NYPD’s Directed Accident Response Program (“DARP”), which requires NYPD officers to identify an appropriate licensed tow trucking business to respond to the scene of the automobile accident and remove the damaged vehicles from the scene.  To ensure that no particular business receives favored treatment, NYPD officers are required to utilize a computer system that randomly selects a licensed tow trucking business.  Smith and Hassett allegedly bypassed DARP and directed damaged vehicles directly to the Business in exchange for thousands of dollars in cash bribe payments.  Smith and Hassett continued to participate in the scheme until at least June 2017, when they temporarily suspended their participation.

In November 2019, Smith resumed his participation in the scheme and continued to steer vehicles damaged in automobile accidents to the Business in exchange for cash.  Beginning in January 2020, Smith discussed his plan to recruit Busch to participate in the scheme in advance of his retirement from the NYPD.  In March 2020, Busch, at Smith’s invitation, met with Smith and the Individual and Busch agreed to participate in the scheme.  Thereafter, Busch began steering vehicles damaged in automobile accidents to the Business in exchange for cash bribe payments, in lieu of utilizing DARP as required.

The Victim Database Scheme

Beginning in January 2020, Smith and Hassett obtained the names and identifying information of recent automobile accident victims from NYPD databases and provided that information to the Individual in exchange for cash. Smith and Hassett understood that the Individual would sell that information to physical therapy businesses and personal injury attorneys so that they could seek to solicit the automobile accident victims as customers.

On numerous occasions, Hassett accessed NYPD databases in violation of NYPD regulations for the purpose of obtaining the names and identifying information of victims of recent automobile accidents.  Hassett then arranged for that information to be delivered to the Individual, sometimes through Smith.  Upon receipt of that information, the Individual made payments in cash to Smith who, in turn, redistributed a portion of those payments to Hassett.  In total, between January 2020 and March 2020, Smith and Hassett sold the names and identifying information of more than 100 victims to the Individual, in exchange for more than $7,000 in cash.

The Armed Drug Trafficking Scheme

Beginning in January 2020, Smith sought opportunities from the Individual to transport illegal narcotics, in exchange for payment, upon his retirement from the NYPD.  In June 2020, Smith met with two individuals to discuss his interest in participating in a scheme to traffic drugs and told them he could carry a firearm and his retired NYPD identification while he was transporting the drugs.  In July 2020, Smith met with an individual in Brooklyn and accepted a bag containing what Smith understood to be a kilogram of heroin.  Smith then transported the bag to a location in Queens where he delivered it to another individual.  Smith received a payment of approximately $1,200 in cash for his participation in the scheme.

The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, Smith faces up to life imprisonment on the drug trafficking charge, up to 5 years’ imprisonment on each bribery count and a mandatory consecutive sentence of five years to life imprisonment on the firearm charge. Hassett and Busch face up to five years’ imprisonment on each bribery count, and the defendants each face up to five years’ imprisonment on the conspiracy to violate the Travel Act counts.

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Ryan C. Harris and Nicholas J. Moscow are in charge of the prosecution.

The Defendants:

HEATHER BUSCH
Age:  34
Massapequa, New York

ROBERT HASSETT
Age:  36
Farmingville, New York

ROBERT SMITH
Age:  44
Plainview, New York

E.D.N.Y. Docket No. 21-CR-254 (RPK)

Previously Convicted Felon Involved in Jersey City Shooting Sentenced to Five Years in Prison

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NEWARK, N.J. – A Hudson County, New Jersey, man previously convicted of three felonies was sentenced today to 60 months in prison for illegally possessing a firearm and ammunition in connection with a June 2020 shooting in Jersey City, Acting U.S. Attorney Rachael A. Honig announced.

Jamel Armfield, 20, of Jersey City, previously pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an indictment charging him with one count of possession of a firearm and ammunition by a convicted felon. Judge Arleo imposed the sentence today.

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

On June 24, 2020, Armfield knowingly possessed a .45 caliber Springfield Armory semi-automatic handgun, Model XD-45 ACP, and 14 rounds of .45 caliber ammunition when he fired nine rounds of ammunition from that handgun at a moving vehicle traveling on Gates Avenue in Jersey City. The motive and intended target(s) remain unknown. The shooting was captured on a nearby surveillance camera.  The firearm was then hidden by Armfield and recovered by members of the Jersey City Police Department. It contained five additional rounds of ammunition. At that time, Armfield had previously been convicted in Hudson County Superior Court of possession of a controlled dangerous substance, possession with intent to distribute controlled dangerous substances on or near school property, and resisting arrest, all of which are felonies.

In addition to the prison term, Judge Arleo sentenced Armfield to three years of supervised release.

This case is part of the Jersey City Violent Crime Initiative (VCI).  The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.

Acting U.S. Attorney Honig credited special agents and task force officers of the ATF, under the direction of Acting Special Agent in Charge Craig B. Kailimai, Newark Field Division, and the Jersey City Police Department, under the direction of Public Safety Director James Shea, with the investigation leading to today’s sentencing. She also thanked the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, for its assistance with the investigation.

The government is represented by Assistant U.S. Attorney Tracey Agnew of the Organized Crime and Gangs Unit of the U.S. Attorney’s Office’s Criminal Division in Newark.

U.S. Attorney's Office Recognizes National Police Week, May 9-15, 2021

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PORTLAND, Ore.— In honor of National Police Week, Acting U.S. Attorney Scott Erik Asphaug recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“National Police Week is a time-honored tradition that affords all Americans the opportunity to recognize and celebrate the accomplishments of law enforcement officers across the country. It also gives us the opportunity to reflect on the tremendous personal sacrifice made by officers and their families every day to keep our communities safe,” said Acting U.S. Attorney Asphaug. “I am personally very thankful for our law enforcement officers here in Oregon for their continued partnership with our office. We could not do the work we do without your steadfast dedication and service.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.

Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website. 

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 PM EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at www.youtube.com/user/TheNLEOMF

The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

Former Maryland State Government Official Sentenced to Eight Years in Federal Prison for the Distribution of Child Pornography

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Baltimore, Maryland - U.S. District Judge Stephanie A. Gallagher today sentenced Mathew Palmer, age 44, of Severna Park, Maryland, to eight years in federal prison, followed by 20 years of supervised release, for distribution of child pornography.  Judge Gallagher also ordered that, upon his release from prison, Palmer must register as a sex offender where he resides, is an employee, and is a student pursuant to the sex offender registration and nonfiction act (SORNA).  At the time of the conduct, Palmer held positions with the Maryland state government, including as Deputy Legislative Officer for the Maryland Governor’s Office and Chief Operating Officer with the Maryland Department of Commerce.

The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; and Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police.

“Individuals like Palmer who trade and possess this illegal material online are essentially facilitating an underground criminal marketplace that endangers children,” said Acting United States Attorney Jonathan F. Lenzner.  “This case should serve as a reminder that law enforcement will bring to justice anyone who endangers children.  No one is above the law.”

“HSI tirelessly investigates crimes involving the online sexual exploitation of minors with every resource at our disposal.” said Special Agent in Charge James Mancuso, for the Baltimore Field Office. “We will continue to ensure any individual that participates in any form of child pornography will be held to the same accountability for these deplorable acts.”

According to his plea agreement, investigators at HSI received reports from an instant messenger application advising that multiple accounts using similar usernames, that all included “anonjohnny” as part of the name, had uploaded at least one image of child pornography or child-sensitive material between April 2019 and September 2019.  Each time the application detected the child exploitative material, it shut down the offending account.

The investigation revealed that the same Internet Protocol address (IP address) was used to access the five “anonjohnny” accounts and was serviced by the same cellular service provider registered under Palmer’s  phone number, e-mail address, and home address in Severna Park, Maryland.   The records showed that the messaging application account had also been accessed by IP addresses that resolved to the State of Maryland, demonstrating that the user was accessing the materials from state government Internet services.

On August 11, 2020, investigators executed a search warrant at Palmer’s residence in Severna Park and seized several electronic devices, including Palmer’s laptop and personal cell phone.  Palmer’s cell phone was also linked to his office e-mail address.   Palmer’s phone was logged into a new “anonjohnny” account on the instant messaging application.  Palmer admitted that he used this account to engage in chats with several other users concerning child exploitation.

For example, in a conversation with one user, in his very first message Palmer said, “Hi I have naughty thoughts about my teen daughters.”  Palmer then sent the user images of two minor girls whom Palmer represented were his daughters.  In fact, these minor children were not Palmer’s children.  In a conversation with a second user, Palmer stated that his preference was for children aged eight and up.  Palmer again sent pictures of two minor girls, falsely representing to the second user that they were his own daughters.

At least 936 images and 368 videos of child pornography were found on Palmer's cell phone, including prepubescent minors; child pornography involving toddlers; and child pornography involving bondage and other sadistic acts.

In addition to possessing hundreds of images and videos constituting child pornography, Palmer admitted that he both received and distributed child pornography.  Palmer had an application on his phone which is used to send covert and encrypted messages.  Palmer possessed two additional videos of child pornography on that application, and the evidence showed that Palmer used that application to distribute a video of child pornography to a chat group of 58 people.  Palmer's phone also included several links under the “notes” section to active child pornographic websites. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.         

Acting United States Attorney Jonathan F. Lenzner commended HSI and the Maryland State Police for their work in the investigation.  Acting U.S. Attorney Lenzner thanked Assistant U.S. Attorney Daniel A. Loveland, Jr., who prosecuted the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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U.S. Attorney’s Office in EDVA Commemorates National Police Week

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ALEXANDRIA, Va. – In honor of National Police Week, Acting U.S. Attorney Raj Parekh joins Attorney General Merrick B. Garland in recognizing the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“The Eastern District of Virginia expresses its deep appreciation to the courageous women and men of law enforcement who serve on the front lines and put themselves in harm’s way to protect us and our loved ones, repeatedly sacrificing their safety to ensure ours,” said Acting U.S. Attorney Parekh. “The unprecedented COVID-19 pandemic has inflicted pain, heartache, and tragedy on so many, including members of law enforcement and their families. We mourn for and pay our respects to those who lost their lives in the line of duty, offer our condolences to their families, and express our gratitude to those who carry on their legacy with honor and valor each day.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year, the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the Eastern District of Virginia, four law enforcement officers died in the line of duty and were added to the 2021 Roll Call of Heroes: Officer Katherine Mary Thyne of the Newport News Police Department, Master-at-Arms Oscar J. Temores of the U.S. Navy Security Forces, Major Angelanette Moore of the Virginia Peninsula Regional Jail, and Master Jail Officer Robert Charles Sunukjian of the Hampton Roads Regional Jail.

Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 p.m. EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to Oct. 13-17, 2021. An in-person Candlelight Vigil event is scheduled for Oct. 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.


Chico Resident Pleads Guilty to Filing False Clam for FEMA Assistance in Connection with the Paradise Camp Fire

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SACRAMENTO, Calif. — A Chico man pleaded guilty today to fraud in connection with a major disaster or emergency benefits, Acting U.S. Attorney Phillip A. Talbert announced.

Following the 2018 Camp Fire, Federal Emergency Management Agency (FEMA) disaster assistance funds were available to qualified individuals who had emergency needs for housing, food, and other necessities due to losses incurred by the fire. To qualify for assistance based on home ownership, an applicant must have resided in the damaged home as their primary residence at the time of the fire.

Evan Palmer, 32, pleaded guilty to making a false statement in a claim for FEMA disaster assistance in connection with the Camp Fire. According to court documents, on Dec. 17, 2018, Palmer filed a false claim with FEMA seeking disaster assistance funds for a travel trailer in Paradise that he claimed was his primary residence at the time of the Camp Fire. Palmer owned the travel trailer, however, it was not his primary residence at the time of the fire. Rather, Palmer was living in a home that he leased in Chico. As a result of Palmer’s false statement, he received $26,490 in FEMA disaster benefits, which was to be used to repair or replace Palmer’s primary residence and to assist with two months of temporary rental housing.

This case is the product of an investigation by the Federal Bureau of Investigation and the Department of Homeland Security Office of the Inspector General. Assistant U.S. Attorneys Shelley Weger and Roger Yang are prosecuting the case.

Palmer is scheduled to be sentenced by U.S. District Judge John A. Mendez on Aug. 17. Palmer faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Members of the public who suspect fraud involving disaster relief efforts, including Camp Fire or COVID-19 relief efforts, or who believe they have been a victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. Alternatively, information can be submitted via the Center’s online Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Johnstown Clinic Owner Sentenced for Maintaining a Drug Involved Premises and Money Laundering

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PITTSBURGH - A resident of Bulger, Pennsylvania, has been sentenced in federal court to three years’ probation and the forfeiture of $1.75 million on his conviction of maintaining a drug involved premises and money laundering, Acting United States Attorney Stephen R. Kaufman announced today.

United States District Judge Cathy Bissoon imposed the sentence on Stephen K. Shaner, 71. 

According to information presented to the court, Shaner was the owner and operator of SKS Associates, Inc., a buprenorphine clinic located in Johnstown, Pa. Buprenorphine is a controlled substance that is prescribed to opioid addicted patients and is dispensed under the names of Suboxone, Subutex, and Zubsolv. Two of the doctors employed at SKS Associates prescribed buprenorphine outside the course of professional practice and not for a legitimate medical purpose. On many instances the doctors did not see or physically examine the patients they were treating and the patients were given pre-signed prescriptions that had been completed by non-medically licensed personnel at the facility. Shaner also committed money laundering when he deposited a $50,000 check involving funds derived from a criminal offense.

Assistant United States Attorneys Robert S. Cessar and Michael Leo Ivory prosecuted this case on behalf of the government.

The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.

The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.

Acting U.S. Attorney Alexander C. Van Hook Recognizes National Police Week

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SHREVEPORT/LAFAYETTE/ALEXANDRIA/LAKE CHARLES/MONROE, La.  – In honor of National Police Week, Acting United StatesAttorney Alexander C. Van Hook recognizes the service and sacrifice of federal, state, local, and tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.

“Police Week is an opportunity for us to honor our law enforcement officers in Louisiana and across the United States,” said Acting U.S. Attorney Alexander C. Van Hook. “The men and women who serve as law enforcement officers are the unsung heroes in our communities today. They work long hours for little pay and put their lives on the line every single day when they put on their uniform to go out into our communities and serve and protect us as citizens from those who choose to reject the rule of law in our nation. We support and honor these officers who continue to work despite the adversity that they face each day. This week please join me in saying ‘thank you’ to these police officers for their sacrifices and in remembering those who have lost their lives in the line of duty.”

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said U.S. Attorney General Merrick Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

 Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored.  Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the Western District of Louisiana, six officers died in the line of duty. The officers who lost their lives are as follows:

  • Donna Michelle Richardson-Below with the Desoto Parish Sheriff’s Office died on February 12, 2020 in an automobile crash while on duty;
  • Kejuane Artez Bates with the Vidalia Police Department died on April 1, 2020 from complications as the result of contracting COVID-19 in the line of duty;
  • Kevin Paul Trahan with the Church Point Police Department died on July 31, 2020 after contracting COVID-19 during a confirmed exposure at the Church Point Police Department building on June 26, 2020;
  • Claude Winston Guillory with the Jefferson Davis Parish Sheriff’s Office died on August 4, 2020 from complications as the result of contracting COVID-19 in a presumed exposure while on duty;
  • Randy Michael Vallot with the Richland Parish Sheriff’s Office died on September 23, 2020 after contracting COVID-19 as the result of a confirmed exposure during an outbreak within the agency; and
  • Marshall Lee Waters, Jr. with the Mangham Police Department died on November 5, 2020 as the result of a gunshot wound sustained during a traffic stop near the Franklin/Richland Parish border.

According to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020.  LEOKA statistics can be found on FBI’s Crime Data Explorer website.  

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 7:00 pm CST. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.

To learn more about National Police Week, please visit www.policeweek.org.

To register for the virtual candlelight vigil, please visit: www.nleomf.org. To view the Virtual Candlelight Vigil on May 13, 2021, watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF.

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Indianola Man Sentenced to Prison for 10 years On Federal Firearms Violations

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Greenville, Miss. – An Indianola man has been sentenced to more than 10 years in prison for burglary of a Federal Firearms Licensee (FFL) and an unrelated charge of possession of ammunition by a prohibited person.

According to court documents, Jermany Cordel Moton aka “Mookie”, 30, stole 31 firearms from the Mississippi Police Supply Co., Inc., in Ruleville, Mississippi, on August 16, 2018. In a separate incident on July 22, 2019, Moton, who had previously been convicted of misdemeanor domestic violence, possessed ammunition, which was used to fire a round through a wall of Moton’s house during an argument with another family member.

On Wednesday, May 6, 2021, United States District Judge Debra Brown sentenced Moton to 10 years imprisonment on the FFL burglary charge and 5 months imprisonment on the possession of ammunition charge, to run consecutively, in addition to 3 years of post-release supervision. Moton was also ordered to pay restitution in the amount of $16,312.89 in relation to the FFL burglary.

“Thefts of this kind take a great deal of dedication to investigate and prosecute,” remarked Acting United States Attorney Clay Joyner. “Thanks to the tireless efforts of ATF and our state and local partners, this thief, who wanted to profit from illegally distributing guns, is now in prison.”

“The sentence imposed today sends a message to gun traffickers that they will pay a price for their crimes,” said ATF New Orleans Field Division Special Agent in Charge Kurt Thielhorn. “ATF will continue to investigate firearm thefts in order to cut the pipeline of crime guns terrorizing our communities. We will use every available resource to prevent and dismantle the flow of illegal firearms.” 

The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case, along with Ruleville P.D., Indianola P.D. and the Mississippi Bureau of Investigation. The case was prosecuted by AUSA Robert Mims.

Resident of Selah, Washington and Las Vegas, Nevada Sentenced to 30 Years of Federal Imprisonment for Production of Child Pornography

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Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Jason William Cathcart, age 52, a resident of Selah, Washington and Las Vegas, Nevada, was sentenced May 10, 2021, after having pleaded guilty to two counts of production of child pornography, on June 15, 2020. Chief United States District Judge Stanley A. Bastian sentenced Cathcart to 30 years of imprisonment, to be reduced by 5 years already spent in related state custody, for a final federal term of imprisonment of 25 years. The Court also imposed a lifetime term of court supervision after Cathcart is released from federal prison. 


In March, 2016, a witness reported to the Selah Police Department that a minor child had been molested by Cathcart after walking in on him and the minor partially nude. Cathcart exclaimed something similar to, “No, no, no my life is over.” Cathcart turned himself in to police and admitted engaging in sexual acts with the minor child. Cathcart was arrested and later convicted of state charges for First Degree Child Molestation where he was sentenced to life with a minimum term of 10 years of confinement. 


A federal investigation followed, and devices seized from Cathcart’s residence were forensically examined. On Cathcart’s devices, investigators located images of child pornography that he had produced involving two minor children, including the one previously mentioned. Cathcart used the children to take part in sexually explicit conduct to produce sexually explicit images. The devices used by Cathcart had been mailed, shipped, and/or transported across state lines and/or in foreign commerce. Over two thousand additional images of other child pornography were also located on Cathcart’s devices. 

Acting U.S. Attorney Joseph H. Harrington said, “The lengthy sentence imposed today demonstrates the severity of Cathcart’s criminal conduct. The United States Attorney’s Office for the Eastern District of Washington is committed to protecting vulnerable victims and prosecuting individuals who engage in conduct in which they attempt to produce child pornography and sexually exploit children. I commend the outstanding work of our federal, state and local partners who worked collaboratively in the investigation of this case.” 


This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases,
and to identify and rescue children;


· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.


For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This case was investigated by the Spokane Resident Office of the United States Secret Service and the Selah Police Department. This case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.

Bessemer Couple Sentenced for Producing Fake Prescription Drugs

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BIRMINGHAM, Ala. – A Bessemer couple was sentenced today for possessing pill presses used to make fake prescription drugs, announced U.S. Attorney Prim F. Escalona and U.S. Food and Drug Administration (FDA) Office of Criminal Investigations, Miami Field Office Special Agent in Charge Justin C. Fielder.

U.S. District Court Judge Annemarie Axonsentenced Earnest Lee Coleman, 44, and Tashana Lynn Sims, 38, husband and wife.  Coleman was sentenced to 78 months in prison and Sims was sentenced to 36 months’ probation for their roles in the offenses.  Coleman pleaded guilty to possessing punches, dies, and plates with the intent to defraud or mislead,  being a felon in possession of a firearm, possessing controlled substances with the intent to distribute them, holding for sale and dispensing a counterfeit drug, and adulteration of a drug.  Sims pleaded guilty to illegally possessing punches, dies, and plates. The couple pleaded guilty in February.

“The defendants used dangerous drugs to make counterfeit pills that looked like legitimate prescription drugs, misleading potential buyers and exposing them to unacceptable risks.” U.S. Attorney Escalona said.  “My office will continue to prosecute those who take advantage of the opioid crisis to prey on vulnerable victims.”

“Counterfeiting unapproved and potentially dangerous opioids poses a serious threat to the U.S. public health and cannot be tolerated,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations Miami Field Office. “The FDA is fully committed to doing our part to disrupt and dismantle illegal prescription drug manufacturing and distribution networks.” 

According to their plea agreements, in April 2018, an international mail package from China was intercepted en route to 3300 Berkley Avenue, Bessemer, Alabama, the home of Coleman and Sims. The package contained two metal dies and a metal mold designed to be used to produce pressed pills.  Authorities searched the Bessemer home, finding controlled substances, multiple firearms, and a pill press, powders and dyes used to make fake drugs.  In October 2019, authorities again searched the home, finding an additional pill press, punch and die, and firearms. Coleman and Sims ran a counterfeit prescription pill operation out of their home in Bessemer in which Coleman used acetaminophen, fentanyl, heroin, and paverine to make pills similar in appearance to legitimate pharmaceuticals with markings such as “Lortab”, “Adderall”, “Soma”, “Xanax”, “Ecstasy”, “Oxycodone”, and “OxyContin.” Coleman sold or traded these pills to obtain other drugs. 

 

The FDA investigated the case, which Assistant U.S. Attorneys Austin Shutt and Jonathan Cross prosecuted. 

 

Fentanyl Dealers Charged With Distributing Narcotics Resulting In Death

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Tampa, Florida – Acting United States Attorney Karin Hoppmann announces the return of a superseding indictment charging Marvin “MJ” Mitchell (36, St. Peterburg) and Christopher Hughes (43, Pinellas Park) with conspiracy to possess with the intent to distribute heroin, crack cocaine, and fentanyl, which caused an individual’s death, as well as possession with the intent to distribute heroin, crack cocaine, and fentanyl. If convicted on all counts, Mitchell and Hughes each face a minimum mandatory sentence of 20 years, and up to life, in federal prison.

According to the indictment, Mitchell and his co-conspirators, including Hughes, sold heroin, cocaine, and fentanyl. In June 2019, members of this conspiracy distributed narcotics to an individual who died. The Medical Examiner’s Office for Pasco and Pinellas Counties determined that the individual’s cause of death was fentanyl toxicity.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty. This case was investigated by the Drug Enforcement Administration, and the Pinellas Park Police Department, with assistance from the Pinellas County Sheriff’s Office, and the Pasco and Pinellas County Medical Examiners’ Offices. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.


New York Man Admits Unlawfully Possessing Firearm as Previously Convicted Felon

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TRENTON, N.J. – A New York man with prior felony convictions today admitted illegally possessing a firearm, Acting U.S. Attorney Rachael A. Honig announced.

Kevon Belfon, 35, of Jamaica, New York, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging him with one count of being a felon in possession of a firearm.

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

On July 24, 2020, Belfon knowingly possessed a Taurus 9-millimeter semi-automatic handgun loaded with 10 rounds of ammunition in his vehicle in Stafford Township, New Jersey.  Belfon has two prior felony convictions, one of which involved a firearm. As a previously convicted felon, Belfon is not permitted to possess firearms.

The charge of possession of a firearm by a previously convicted felon carries a maximum penalty of 10 years in prison and a fine up to $250,000. Sentencing is scheduled for Sept. 13, 2021. 

Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Newark Division, Trenton Field Office, under the direction of Acting Special Agent in Charge Craig B. Kailimai; and the Stafford Township Police Department, under the direction of Chief of Police Thomas Dellane, with the investigation leading to today’s guilty plea.

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

The government is represented by Assistant U.S. Attorney Ian D. Brater of the Criminal Division in Trenton.

Three Fort Campbell Soldiers Charged In Illegal Gun Pipeline To Chicago

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NASHVILLE – Three Fort Campbell soldiers were charged today with conspiracy and offenses relating to the illegal purchase and transfer of dozens of firearms to the streets of Chicago, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. 

Demarcus Adams, 21; Jarius Brunson, 22; and Brandon Miller, 22, all enlisted members of the U.S. Army and stationed at the Fort Campbell military installation in Clarksville, Tennessee, were arrested this morning by ATF agents and agents of the U.S. Army Criminal Investigation Division. A criminal complaint obtained late yesterday charged each defendant with transferring a firearm to an out-of-state resident; making false statements during the purchase of a firearm; engaging in the business without a firearms license; wire fraud; money laundering; and conspiracy to commit Title 18 offenses. 

According to the criminal complaint, this investigation began on March 26, 2021, when Chicago police responded to a mass shooting incident.  During this incident, multiple people were shot and one person was pronounced dead at the scene.  During the resulting investigation, multiple firearms were recovered from the shooting scene and five of the firearms were found to have been recently purchased from Federal Firearms Licensed (FFL) dealers in the Clarksville, Tennessee area.  Further investigation identified Adams, Brunson and Miller as the majority purchasers of these firearms.

A broader investigation into firearms transaction records from FFLs in the Clarksville region determined that since September 2019, the trio had purchased 91 firearms from multiple FFLs in Clarksville; Oak Grove, Kentucky; Hopkinsville, Kentucky; Fort Campbell, Kentucky; and Paducah, Kentucky.  The majority of the firearms were purchased during the last five months. The criminal complaint also alleges that after the firearms were purchased, Miller would provide them to individuals he was associated with in Chicago.   

On April 28, 2021, a federal search warrant was executed at the home of Miller and Adams in Clarksville, where 49 empty firearms cases were recovered.  Many of these empty cases were matched to firearms recovered by the Chicago Police Department at the scene of recent shootings and homicides. 

The defendants will appear before a U.S. Magistrate Judge in Nashville Later this afternoon.  If convicted, the defendants face up to 20 years in prison.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the U.S. Army Criminal Investigation Division; and the Chicago Police Department. Assistant U.S. Attorney Josh Kurtzman is prosecuting the case. 

A criminal complaint is merely an accusation.  All defendants are presumed innocent until proven guilty in a court of law. 

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Cleveland man pleads guilty to being a felon in possession of a firearm after ambush-style shooting of a Cleveland Police Officer

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Acting U.S. Attorney Bridget M. Brennan announced that Darryl Borden, 43, of Cleveland, Ohio, pleaded guilty in federal court today to being a felon in possession of a firearm after Borden shot a Cleveland Police Officer responding to a call for help last July.

“Borden ambushed two Cleveland Police Officers who were simply trying to do their job and assist a member of the community,” said Acting U.S. Attorney Bridget M. Brennan.  “During Police Week, a time where we celebrate the accomplishments of law enforcement and remember those who made the ultimate sacrifice, it is important to remember that situations like this are all too common, and our police officers and other law enforcement regularly risk their lives to protect and assist the communities they serve.”

“We cannot tolerate individuals who commit violent acts against either members of our community or first responders coming to their aid,” stated Roland H. Herndon, Jr., Special Agent in Charge of ATF’s Columbus Field Division.  “The Defendant’s criminal history already prohibited him from possessing a firearm, and he showed that he learned nothing from his previous brushes with the legal system.  His guilty plea ensures that he will not be a further threat to the safety of our community for quite some time.  The men and women of ATF’s Columbus Field Division commend the officers involved on their handling of this confrontation and trust the injured officer is making a full recovery.”

According to court records, on July 20, 2020, Cleveland Police Officers responded to a residence after a woman called police, stating that Borden was threatening her with a gun.  Officers met the woman outside of the home and were told that Borden was upstairs with a firearm.

Officers entered the residence, announced themselves as police officers and attempted to search a bathroom.  Borden, who was inside the bathroom, waited for the officers to open the door and then pointed his firearm at both officers and fired, striking the second officer.  The first officer returned fire, and both retreated outside of the home.  The second officer sustained gunshot wounds in the arm and back.  Cleveland Police SWAT responded to the scene and Borden was soon thereafter taken into custody.

A handgun with five spent rounds and one live round was recovered from inside the bathroom.  Borden is prohibited from possessing a firearm due to previous convictions for robbery, burglary and sexual battery in the Cuyahoga County Common Pleas Court.

Borden has also been indicted by a Cuyahoga County Grand Jury for the attempted murder and felonious assault of the police officer and having a weapon under disability as a result of this incident.       

Borden is scheduled to be sentenced on September 14, 2021.  A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the ATF and the Cleveland Division of Police.  This case is being prosecuted by Assistant U.S. Attorney Scott Zarzycki. 

U.S. Attorney Prim F. Escalona Recognizes National Police Week

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BIRMINGHAM, Ala. — In honor of National Police Week, U.S. Attorney Prim F. Escalona recognizes the service and sacrifice of federal, state, and local law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Merrick Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“During Police Week, we honor the brave men and women in law enforcement for their selfless sacrifice to protect the citizens of the Northern District of Alabama, especially the  six officers in our district who gave their lives in the line of duty,” said U.S. Attorney Escalona. “I extend my sincere thanks and gratitude for your courage and dedication.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement officers from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.  Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020.  LEOKA statistics can be found on FBI’s Crime Data Explorer website. 

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.   

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

Former Tennessee Correctional Officer Sentenced for Covering Up Staff Assault of an Inmate

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Memphis, TN – A former Tennessee Correctional Officer was sentenced today to a year and a day in prison and two years supervised release for conspiring to cover up the beating of an inmate and for persuading other officers to provide false information to investigators.

On May 7, Tommy Morris, a former Corporal with the Tennessee Department of Corrections (TDOC) at the Northwest County Correctional Complex in Tiptonville, Tennessee, pleaded guilty to federal offenses arising out of the assault of R.T., an inmate in the mental health unit at the facility. Morris is the third officer to be sentenced.

"The defendant, as a supervisory correctional officer, watched other officers assault a vulnerable inmate and then he guided these officers in their efforts to cover up their criminal conduct," said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. "The Justice Department will continue to hold accountable those who commit civil rights violations and those who conspire with their fellow officers to obstruct the ensuing criminal investigation."

"The civil rights statutes are there to protect the Constitutional rights and freedoms of everyone," said Acting U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee. "Our office will prosecute those who violate these laws, regardless of the victim’s status and those who attempt to cover up these crimes."

"This sentence should send a clear message that the FBI makes it a priority to bring to justice any law enforcement officer who violates the civil rights of those in his care and custody," said Special Agent in Charge Douglas M. Korneski of the FBI Memphis Field Office. "It undermines the respect and reputation of all law enforcement officers when a correctional officer violates the civil rights of an inmate whose safety he is charged with."

On Nov. 24, 2020, Morris pleaded guilty to conspiring to cover up the beating of R.T. and to knowingly encouraging correctional officers to provide investigators with false and misleading information.

This case was investigated by the Memphis Division of the FBI with the support of the TDOC, and was prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.

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