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

BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Tiana Matias, 28, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to Hobbs Act Robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. In addition, Philip Purdue, 42, also of Buffalo, pleaded guilty to possessing and brandishing a firearm in furtherance of a crime of violence, which carries a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine. 

Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on February 19, 2019, defendant Matias placed a food delivery order with the Niagara Deli & Pizzeria utilizing *67 as a means to hide her telephone number. As the delivery driver (Victim A) arrived on Gorton Street in Buffalo, Matias texted co-defendant Jacob Melvin that the delivery driver was “outside.” Brandishing a firearm, Melvin approached Victim A and demanded money. Melvin then stole money and food from the delivery driver and ran into the area of 36 Hoffman Street in Buffalo. At 36 Hoffman Street, Buffalo Police Officers found the Matias and Melvin. Officers also located the stolen food inside the residence.

On March 1, 2019, defendant Purdue and co-defendant Jacob Melvin committed an armed robbery at Parkside Village, LLC, an apartment/housing complex on Shelley Court in Tonawanda, NY. Purdue and Melvin entered Shelley Court and proceeded to the leasing office. Melvin brandished a firearm at a tenant and a rental agent and started demanding money. Melvin then began taking money, checks, and money orders from inside a desk drawer. Melvin then demanded the leasing agent get up and face the wall. While he was up against the wall with a handgun pointed at him, Melvin stole the leasing agent’s wallet which contained cash. At one point during the robbery, Melvin dropped the money and Purdue came into the room to help him. Purdue, who operated as a lookout, noticed a video camera, pulled his hood up, grabbed a white rag, and started wiping down areas where he and Melvin touched. Purdue and Melvin then left on foot. The two men shared the stolen proceeds.

Hobbs Act Robbery and various firearm offenses remain pending against co-defendant Jacob Melvin. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. 

The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Tonawanda Police Department, under the direction of Chief James Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

Matias is scheduled to be sentenced on August 16, 2021, at 12:30 p.m., and Purdue is scheduled to be sentenced on August 20, 2021, at 12:30 p.m. Both sentencings will be before U.S. District Judge Richard J. Arcara. 

# # # #

LAREDO, Texas – A federal grand jury has charged a 23-year-old non-citizen unlawfully residing in Laredo with conspiracy to transport 12 undocumented citizens resulting in death, announced Acting U.S. Attorney Jennifer B. Lowery.

Jesus Martinez-Villela is expected to appear for his arraignment before a U.S. magistrate judge in Laredo in the near future.

The criminal complaint originally filed in the case alleges Martinez-Villela attempted to flee authorities by driving off-road near Encinal April 22.

Law enforcement later located Martinez-Villela’s abandoned truck with an injured person on the ground, according to the charges. They also allegedly located another man who was unresponsive in the bed of the truck. He was pronounced dead at the scene, according to the allegations.  

Multiple other undocumented citizens were allegedly transported to a local hospital to be treated for their injuries.

If convicted, Martinez-Villelafaces up to life in prison and a possible $250,000 maximum fine. 

Homeland Security Investigations conducted the investigation with assistance from Border Patrol and Texas Department of Public safety. Assistant U.S. Attorney Yoona Lim is prosecuting the case.

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

Assistant U. S. Attorney Michelle L. Wasserman (619) 546-8431

NEWS RELEASE SUMMARY– May 17, 2021

SAN DIEGO – Jeffrey Fildey, founder and former CEO of San Diego startup GoFormz Inc., was sentenced in federal court today to 51 months in custody for embezzling more than $1.5 million from the company he co-founded.

According to court records, at the time of Fildey’s crime, GoFormz had had raised several rounds of outside funding and appeared to be a start-up success story. Fildey stole the funds despite earning a six-figure salary, and used the stolen funds to support a luxurious lifestyle, including the purchase of a $20,000 diamond ring, fancy vacations, an Audi, and recurring transfers to a woman with whom he was having an extramarital affair.  According to public records, GoFormz Inc., founded in 2012, is a San Diego company that provides online mobile forms.

According to Fildey’s plea agreement and court records, beginning on or before September 30, 2015, and continuing through August 12, 2017, Fildey used various methods to defraud GoFormz.  His deceptive ways included obtaining loans, supposedly on the company’s behalf, but then taking the funds for himself; putting personal expenditures on GoFormz credit cards which the company then paid for; obtaining cash advances for himself on GoFormz credit cards; and simply stealing money directly from the company’s bank account.

Fildey took out a total of three unauthorized loans on behalf of GoFormz, totaling approximately $600,000, and transferred the funds to his personal bank account shortly after the loaned funds were transferred to GoFormz.  In addition to the loans, Fildey withdrew over $700,000 in cash from the GoFormz bank account for his personal use and made over $2,600 in unauthorized purchases on the GoFormz corporate credit card. 

According to Court records, the company discovered Fildey’s deception when its payroll bounced in July 2017, and the company realized it had only approximately $9,000 in its bank account.  As a result of Fildey’s conduct, the company had to fire 12 of its 42 employees and its valuation plummeted.

“Small business is the lifeblood of our community,” stated Acting U.S. Attorney Randy Grossman.  “In stealing from his business, Mr. Fildey stole from all those whose livelihoods depended upon the company.  Embezzlement and fraud will be prosecuted to the full extent of the law.”

“The defendant’s gross abuse of power is shocking on two fronts,” said FBI Special Agent in Charge Suzanne Turner. “As CEO, he lined his own pockets with more than $1.5 million at the expense of the company he was charged with leading. As an employee of the company, he put the livelihoods of his fellow employees and the future of the company in peril. Let this serve as another reminder - corporate greed has no place in society and those who pursue such a path will face consequences.”

Fildey admitted in his plea agreement that as a result of his fraud, GoFormz lost $1,544,147.  In addition to custody, Fildey was ordered to pay restitution of $1,345,897 and to forfeit $1,156,001. The defendant was immediately remanded into custody to begin serving his sentence.

DEFENDANT                                               Case Number             20cr1917-LAB          

Jeffrey Fildey                                                  Age: 56                       Las Vegas, NV

SUMMARY OF CHARGES

Wire Fraud – Title 18, U.S.C., Section 1343

Maximum penalty: Twenty years in prison and $250,000 fine or twice the gross gain or loss from the offense, whichever is greater

AGENCY

Federal Bureau of Investigation

Note: A full copy of the charging document can be viewed here.

WASHINGTON — Today, a Florida man was arrested for crimes related to the breach of the U.S. Capitol on Jan. 6, 2021, which disrupted a joint session of the U.S. Congress in the process of ascertaining and counting the electoral votes related to the presidential election.

Daniel Paul Gray, 41, of Neptune Beach, is charged with federal offenses that include forcibly assaulting, resisting, impeding and interfering with police; engaging in acts of physical violence in the Capitol building; and violent entry and disorderly conduct on Capitol grounds, among other charges. Gray will make his initial court appearance in the Middle District of Florida on Wednesday, May 19 at the Bryan Simpson U.S. Courthouse in Jacksonville. 

According to court documents, Gray was inside the U.S. Capitol Building on Jan. 6, 2021, during which, among other things, he engaged in confrontations against law enforcement officers attempting to prevent rioters from entering the rotunda. Metropolitan Police Department (MPD) body worn camera (BWC) footage captures Gray involved in an altercation with police at approximately 3:01 p.m. that resulted in an MPD officer falling down the western rotunda stairs and becoming visibly injured.

According to court documents, Gray posted a four-minute video to his Instagram account where he appears to be walking through an airport and describing his activities at the Capitol on Jan. 6. In the video, Gray bragged that: “we start pushing the police out the back of the Capitol; we pushed them from the front to the back of the Capitol.” He described how the group arrived at the staircase and started “pushing them [the police] down the staircase,” and also said “this is far from over, that was the coolest thing I’ve ever done in my entire life and stay tuned.” In social media messages Gray sent after Jan. 6, he further boasts, “Lol I was one of the first in the capital.”

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section.  Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Florida.

The case is being investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department, with significant assistance provided by the FBI’s Jacksonville Field Office.  

In the first 120 days after Jan. 6, approximately 440 individuals have been arrested on charges related to the Jan. 6 Capitol breach, including over 125 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

The charges contained in any criminal complaint or indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Acting U.S. Attorney Bridget M. Brennan announced that Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.

“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division.  "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear.  His actions would have been an assault on the liberties and respect for humanity we hold so dear.  We will continue to make every effort to prevent such attacks from occurring.  I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”

“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”

“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division.  “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”

“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio.  “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization.  We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”

“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office.  “Mr. Joseph has now accepted responsibility for his actions.   In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues.  Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."

In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.

Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.

Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.”  Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.

On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue.  Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties.  Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.

On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.

Later that day, the undercover agent told Joseph that he had purchased rifles for the attack.  The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public.  Joseph was then arrested.

Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 and faces a maximum sentence of life in prison.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.

Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.

GAINESVILLE, FLORIDA– Jeffrey Lutz, 56, of Morriston, Florida, was sentenced yesterday to 15 years in federal prison, following his conviction for receipt of child pornography.  Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the sentence.

Lutz entered a guilty plea in January. He is a sexual offender, previously convicted in January 2020 of possession of child pornography. The evidence showed that in June 2020, Lutz was on State sex offender probation. While executing a warrant for violation of sex offender probation, investigators located a laptop computer registered in Lutz’s name. Forensic examination of the laptop revealed 22 videos and 1 image of child pornography. Further examination revealed that Lutz had begun downloading child pornography just two days after being released from jail on his prior child pornography convictions.  

"Within hours of being released for prior convictions of possessing child pornography, this predator was found to be downloading additional illegal content," stated Acting U.S. Attorney Coody.  "We will continue to aggressively prosecute anyone who attempts to steal the innocence of a child.  I commend our law enforcement partners and prosecutors for removing this dangerous recidivist from our community."

Lutz’s prison sentence will be followed by lifetime supervised release. He will also be required to register as a sex offender and will be subject to all sex offender conditions.

“This child predator is a repeat offender who did not learn the first time,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips.  “Thanks to HSI and our partnership with the Levy County Sheriff’s Office, this child predator will be returning to prison for a significant amount of time, making or communities, and our children, that much safer.”

“I am extremely proud of the professional law enforcement representatives who worked efficiently to investigate this heinous crime that led to a successful prosecution and conviction,” said Levy County Sheriff McCallum.  “This dangerous person has been removed from our community and parents can now rest easy knowing their children cannot be harmed by him. This is a job well done by the Detectives of the Levy County Sheriff’s Office and the Federal team members who made this possible for our citizens.”

The case was investigated by the Levy County Sheriff’s Office and Homeland Security Investigations. Assistant United States Attorney David Byron prosecuted the case.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

AUSTIN – A federal judge in Austin today sentenced five individuals, including ringleader Beronica Rodriguez, aka Black Widow, Queen B and Baby B, to federal prison for their roles in a racketeering conspiracy that involved murder, carjacking, kidnapping, home invasion robberies, identity theft and drug trafficking. 

U.S. District Judge Lee Yeakel issued the following sentences:

• Beronica Rodriguez, age 42, received 336 months of imprisonment followed by five years of supervised release;
• Leon Castillo, aka Big Moe, age 34, received 276 months of imprisonment followed by five years of supervised release;
• Thomas Cisneros Jr., aka T, age 27, received 360 months of imprisonment followed by five years of supervised release;
• Gloriana Vega, aka Baby G, age 23, received 108 months of imprisonment followed by five years of supervised release; and
• Jacqelynn Aleman, aka Jackie, age 24, received 60 months of imprisonment followed by three years of supervised release.
   

“This opportunistic group used any means at their disposal to prey on our community for their own personal enrichment. The streets and homes of central Texas are safer now that these callous and violent offenders have been held accountable for their criminal enterprise,” said U.S. Attorney Ashley C. Hoff. “We hope these federal prison sentences will bring a certain measure of justice for the victims.”

All five defendants pleaded guilty to conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute.  According to court records, the defendants were part of a group responsible for numerous violent crimes in the Austin area to include an armed home-invasion robbery in Georgetown on October 18, 2016, during which several firearms were stolen.  One of the stolen firearms was used in the assault, kidnapping and murder of an individual on October 30, 2016.  The murder victim’s body and vehicle were then set on fire. 

In November 2016, members of the group were responsible for a string of crimes that included an attempted carjacking wherein a woman and her small child were shot at; an armed home-invasion robbery of an elderly woman; another armed home-invasion resulting in a woman being restrained and assaulted; and a carjacking at gunpoint of a man who was restrained and robbed by members of the group.

“The FBI would like to thank the U.S. Attorney’s Office, Austin Police Department, Texas Department of Public Safety and the Bastrop, Travis and Williamson County Sheriffs’ Offices for their partnership and unyielding dedication to work the long, hard hours required for this very complex investigation,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “As a result of our collective efforts, members of this criminal organization will no longer plague and terrorize our communities in central Texas with their brazen acts of violence, drug trafficking, and kidnapping.”

The FBI, Austin Police Department, Travis County Sheriff’s Office, Texas Department of Public Safety, Bastrop County Sheriff’s Office and the Williamson County Sheriff's Office investigated this RICO case.  Assistant U.S. Attorneys Matt Harding, Keith Henneke, Dan Guess and Robert Almonte prosecuted this RICO case.

###

            ALBUQUERQUE, N.M. – Ivan Allen, 40, of Moreno Valley, California, was sentenced on May 17 in federal court to 21 months in prison for assaulting federal officers. Allen was indicted on April 24, 2019, and pleaded guilty on Nov. 14, 2019.

            Allen, who is non-Indian, assaulted two officers of the Pueblo of Laguna Tribal Police Department, who are commissioned as Special Law Enforcement Officers by the Bureau of Indian Affairs’ Office of Justice Services. Allen committed the offense on March 26, 2019, on the Pueblo of Laguna in Cibola County, New Mexico.

            In his plea agreement, Allen admitted that on March 26, 2019, he was driving eastbound on Interstate 40 at a high rate of speed with the headlights of his vehicle off.  An officer with the Pueblo of Acoma Police Department attempted to conduct a traffic stop, but Allen increased his speed and fled.  Allen hit a concrete barrier and two officers with the Pueblo of Laguna Police Department responded to the scene.  The officers used their public address system to command Allen to step out of his vehicle, which he initially ignored.  Eventually, Allen complied with the officers’ commands.  Upon reaching one of the police vehicles, Allen stiffened and fell backward onto the vehicle.  When the officers approached Allen to render assistance, Allen began to fight the officers. After almost ten minutes of resistance, Allen was subdued and arrested.

            Upon his release from prison, Allen will be subject to three years of supervised release.

            The FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Kyle T. Nayback prosecuted the case.

HONOLULU – Jonathan Tai, 36, of Kurtistown, Hawaii, made his initial appearance yesterday in United States District Court in Honolulu on methamphetamine and firearm charges filed in a criminal complaint. United States Magistrate Judge Kenneth J. Mansfield ordered him detained pending a detention hearing on Thursday, May 20.

Judith A. Philips, Acting United States Attorney, said the appearance followed Tai’s arrest on May 14, 2021, at his residence in Kurtistown after execution of a search warrant for that location. According to court documents, law enforcement authorities recovered approximately 4,600 gross grams of a substance testing positive for methamphetamine from two mail parcels addressed to a post office box in Mountain View pursuant to a search warrant issued on May 4, 2021. No one picked up those parcels, but a review of video surveillance of the same post office showed an individual strongly resembling Tai previously picking up two other mail parcels, and Tai was also previously identified as an individual who received mail at the same post office box to which the searched mail parcels were addressed.

Law enforcement authorities obtained a search warrant for Tai’s Kurtistown residence and, on May 13, pursuant to that warrant, recovered 240 gross grams of a substance testing positive for methamphetamine, more than 2,600 rounds of ammunition, more than $100,000 in U.S. currency, and a bump-stock device allowing a shooter of a semi-automatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Also recovered at the time of the search and Tai’s arrest were a semi-automatic handgun and five “ghost guns,” generally defined as unserialized firearms that are often sold through kits and assembled at home.

Tai is charged in the criminal complaint with one count of methamphetamine trafficking and one count of possessing the semi-automatic handgun during and in relation to the methamphetamine trafficking. If indicted and convicted on those charges, Tai faces a mandatory minimum term of imprisonment of ten years and a maximum penalty up to life imprisonment on the methamphetamine charge and, on the firearm charge, a mandatory term of five years in prison consecutive to the imprisonment on the drug charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Acting U.S. Attorney Bridget M. Brennan announced that Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.

“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division.  "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear.  His actions would have been an assault on the liberties and respect for humanity we hold so dear.  We will continue to make every effort to prevent such attacks from occurring.  I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”

“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”

“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division.  “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”

“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio.  “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization.  We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”

“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office.  “Mr. Joseph has now accepted responsibility for his actions.   In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues.  Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."

In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.

Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.

Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.”  Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.

On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue.  Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties.  Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.

On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.

Later that day, the undercover agent told Joseph that he had purchased rifles for the attack.  The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public.  Joseph was then arrested.

Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 and faces a maximum sentence of life in prison.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.

Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.

GAINESVILLE, FLORIDA– Jeffrey Lutz, 56, of Morriston, Florida, was sentenced yesterday to 15 years in federal prison, following his conviction for receipt of child pornography.  Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the sentence.

Lutz entered a guilty plea in January. He is a sexual offender, previously convicted in January 2020 of possession of child pornography. The evidence showed that in June 2020, Lutz was on State sex offender probation. While executing a warrant for violation of sex offender probation, investigators located a laptop computer registered in Lutz’s name. Forensic examination of the laptop revealed 22 videos and 1 image of child pornography. Further examination revealed that Lutz had begun downloading child pornography just two days after being released from jail on his prior child pornography convictions.  

"Within hours of being released for prior convictions of possessing child pornography, this predator was found to be downloading additional illegal content," stated Acting U.S. Attorney Coody.  "We will continue to aggressively prosecute anyone who attempts to steal the innocence of a child.  I commend our law enforcement partners and prosecutors for removing this dangerous recidivist from our community."

Lutz’s prison sentence will be followed by lifetime supervised release. He will also be required to register as a sex offender and will be subject to all sex offender conditions.

“This child predator is a repeat offender who did not learn the first time,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips.  “Thanks to HSI and our partnership with the Levy County Sheriff’s Office, this child predator will be returning to prison for a significant amount of time, making or communities, and our children, that much safer.”

“I am extremely proud of the professional law enforcement representatives who worked efficiently to investigate this heinous crime that led to a successful prosecution and conviction,” said Levy County Sheriff McCallum.  “This dangerous person has been removed from our community and parents can now rest easy knowing their children cannot be harmed by him. This is a job well done by the Detectives of the Levy County Sheriff’s Office and the Federal team members who made this possible for our citizens.”

The case was investigated by the Levy County Sheriff’s Office and Homeland Security Investigations. Assistant United States Attorney David Byron prosecuted the case.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

AUSTIN – A federal judge in Austin today sentenced five individuals, including ringleader Beronica Rodriguez, aka Black Widow, Queen B and Baby B, to federal prison for their roles in a racketeering conspiracy that involved murder, carjacking, kidnapping, home invasion robberies, identity theft and drug trafficking. 

U.S. District Judge Lee Yeakel issued the following sentences:

• Beronica Rodriguez, age 42, received 336 months of imprisonment followed by five years of supervised release;
• Leon Castillo, aka Big Moe, age 34, received 276 months of imprisonment followed by five years of supervised release;
• Thomas Cisneros Jr., aka T, age 27, received 360 months of imprisonment followed by five years of supervised release;
• Gloriana Vega, aka Baby G, age 23, received 108 months of imprisonment followed by five years of supervised release; and
• Jacqelynn Aleman, aka Jackie, age 24, received 60 months of imprisonment followed by three years of supervised release.
   

“This opportunistic group used any means at their disposal to prey on our community for their own personal enrichment. The streets and homes of central Texas are safer now that these callous and violent offenders have been held accountable for their criminal enterprise,” said U.S. Attorney Ashley C. Hoff. “We hope these federal prison sentences will bring a certain measure of justice for the victims.”

All five defendants pleaded guilty to conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute.  According to court records, the defendants were part of a group responsible for numerous violent crimes in the Austin area to include an armed home-invasion robbery in Georgetown on October 18, 2016, during which several firearms were stolen.  One of the stolen firearms was used in the assault, kidnapping and murder of an individual on October 30, 2016.  The murder victim’s body and vehicle were then set on fire. 

In November 2016, members of the group were responsible for a string of crimes that included an attempted carjacking wherein a woman and her small child were shot at; an armed home-invasion robbery of an elderly woman; another armed home-invasion resulting in a woman being restrained and assaulted; and a carjacking at gunpoint of a man who was restrained and robbed by members of the group.

“The FBI would like to thank the U.S. Attorney’s Office, Austin Police Department, Texas Department of Public Safety and the Bastrop, Travis and Williamson County Sheriffs’ Offices for their partnership and unyielding dedication to work the long, hard hours required for this very complex investigation,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “As a result of our collective efforts, members of this criminal organization will no longer plague and terrorize our communities in central Texas with their brazen acts of violence, drug trafficking, and kidnapping.”

The FBI, Austin Police Department, Travis County Sheriff’s Office, Texas Department of Public Safety, Bastrop County Sheriff’s Office and the Williamson County Sheriff's Office investigated this RICO case.  Assistant U.S. Attorneys Matt Harding, Keith Henneke, Dan Guess and Robert Almonte prosecuted this RICO case.

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Tacoma – A 52-year-old Tacoma resident was sentenced today in U.S. District Court in Tacoma to 6 years in prison for distribution of child pornography, announced Acting U.S. Attorney Tessa M. Gorman.  Gail Lynn Burnworth, 53, and her boyfriend Michael Kellar, 59, were arrested in August 2017, after an alert passenger on a July 31, 2017, flight to San Jose, California, noticed disturbing texts between Kellar, who was on the plane, and Burnworth, who was in Tacoma.  The investigation revealed the two had produced and shared sexually explicit images of children placed in Burnworth’s care.  At the sentencing hearing, U.S. District Judge Benjamin H. Settle said, “You exercised your free will and ultimately put your needs ahead of the needs of children.”

“This defendant committed unspeakable acts, claiming to be under the evil influence of her boyfriend,” said Acting U.S. Attorney Gorman.  “The harm she inflicted to those left in her care is deserving of prison and supervision that keeps her away from children.”

According to records filed in the case, after the witness reported her concerns to the airline flight attendants, the flight crew arranged for law enforcement to meet the plane.  Kellar was questioned by police and ultimately arrested.  A review of his electronic devices showed graphic explicit exchanges with Burnworth discussing drugging and raping the children in her care.

The Seattle Internet Crimes Against Children (ICAC) task force was alerted and obtained a Court-authorized search warrant for Burnworth’s residence and electronic devices.  Investigators found sexually explicit images on Burnworth’s devices and found several hundred images of child pornography on Kellar’s laptop.

Writing to the court, prosecutors noted that Burnworth’s claims that she acted under the sick control of Kellar does not mean she should be returned to the community. Burnworth “is no different than a loaded firearm sitting on a counter: in the wrong hands, something terrible could happen. And like that firearm, Burnworth lacks both the ability and the fortitude to intercede to prevent that harm. Just as the safest place for a loaded weapon is a locked safe, the safest place for Burnworth is a prison,” prosecutors wrote in their sentencing memo.

“Protecting children is one of the FBI's most noble missions. In this case, the mission included local partners as well as a vigilant private citizen which led to the rescue of two children from unspeakable abuse.  Thanks to this work, Ms. Burnworth will be able to reflect on her choices from behind bars,” said Donald Voiret, Special Agent in Charge, FBI Seattle Field Division.

On September 25, 2019, Kellar pleaded guilty to Conspiracy to Produce Child Pornography and access with intent to view child pornography.  In February 2020, he was sentenced to 15 years in prison. Following his prison term, he will be on lifetime supervised release and will be required to register as a sex offender.

Burnworth will be on 10 years of supervised release following her prison term and will also be required to register as a sex offender.

Both defendants have been in custody since their arrests in August 2017.

The case is being investigated by the FBI with assistance from the San Jose, California, Sheriff’s Office and the Seattle Police Department Internet Crimes against Children Task Force (ICAC).

 The case was prosecuted by Assistant United States Attorneys Matthew Hampton and Marie Dalton.

            ALBUQUERQUE, N.M. – Felix Curtis, 26, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on May 14 in federal court to involuntary manslaughter in Indian Country.

            A grand jury indicted Curtis on Aug. 11, 2020.  According to the indictment and other court documents, Curtis committed this offense on Sept. 14, 2019 in San Juan County on the Navajo Nation.  Curtis was driving while intoxicated when he caused an accident that killed a man, identified in court records as John Doe. Curtis admitted to operating the vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when he knew and should have known that his conduct imperiled the lives of others.

            Curtis remains out of custody pending sentencing, which has not been scheduled at this time. He faces up to eight yearsin prison.

            The Farmington Resident Office of the FBI investigated this case with assistance from the Shiprock Office of the Navajo Nation Division of Public Safety, the Navajo Nation Police Department, the New Mexico State Police, and the San Juan County Sheriff’s Office.  Assistant U.S. Attorney David Cowen is prosecuting the case.

PORTLAND, Ore.—A known Hoover Criminal Gang member and resident of Portland pleaded guilty today to federal gun and drug charges for his role in a fentanyl trafficking conspiracy.

Aumontae Wayne Smith, 22, pleaded guilty to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime.

According to court documents and testimony, Smith and an unnamed accomplice conspired with one another to distribute counterfeit oxycodone pills containing fentanyl in and around Portland. Investigators seized six firearms from Smith and his accomplice with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Further investigation revealed Smith purchased 16 firearms that were linked to 17 different shootings in the Portland area between April and December 2020.

On April 6, 2021, a federal grand jury in Portland returned an indictment charging Smith with conspiring to distribute and possess with intent to distribute fentanyl, possessing with intent to distribute fentanyl, and possessing a firearm in furtherance of a drug trafficking crime. On April 16, 2021, he voluntarily surrendered to law enforcement.

With continued and early acceptance of responsibility, the U.S. Attorney’s Office will join Smith in jointly recommending a sentence of 70 months in prison when he is sentenced on August 9, 2021 before U.S. District Court Chief Judge Marco A. Hernandez.

This case was investigated by the Portland Police Bureau, FBI, and ATF. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.

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

Opioid abuse affects communities across the nation. The Centers for Disease Control and Prevention reports that in 2019, its most recent data, there were 70,630 drug overdose deaths in the U.S. Opioids and synthetic opioids were alone responsible for 49,860 overdose deaths or nearly 71% of all overdoses. Drug overdose is now the leading cause of injury or death in the United States.

Fentanyl is a synthetic opioid 80 to 100 times more powerful than morphine and 30 to 50 times more powerful than heroin. A 3-milligram dose of fentanyl—a few grains of the substance—is enough to kill an average adult male.

The availability of illicit fentanyl in Oregon has presented public safety and health officials with a host of new challenges, including a dramatic increase in overdose deaths. Fentanyl-related overdose deaths in Oregon have doubled between 2016 and 2019.

If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.

SYRACUSE, NEW YORK – Robert Fitzgerald, age 83, of the Town of Waverly, New York, was sentenced yesterday to 190 months in prison for possessing child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

In pleading guilty, Fitzgerald admitted that between February and April 2018, he videorecorded himself engaging in sexually explicit conduct with a minor, and that he possessed these videos on August 9, 2019.

This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita as part of Project Safe Childhood. 

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal 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 https://www.justice.gov/psc.

SAN ANTONIO – U.S. District Judge Fred Biery today sentenced 23-year-old Felipe Jesus Duron of Atascosa to 29 years in federal prison followed by 11 years of supervised release for coercing minors into engaging in sexually explicit conduct. 

“Thanks to the efforts of our law enforcement partners and the prosecutor in this case, the defendant will no longer be able to commit such unspeakable acts against children,” said U.S. Attorney Hoff.  “Today’s sentence reflects the seriousness of the defendant’s despicable conduct and shines a light on the strength of a 14-year-old victim who had the courage to report the defendant’s actions.  I commend the social media platform and National Center for Missing and Exploited Children for bringing this matter to the attention of law enforcement.”

On July 14, 2020, Duron pleaded guilty to one count of coercion and enticement of a child, one count of production of child pornography, one count of receipt of child pornography and one count of extortion.  According to court records, Duron used internet accessible devices between February 2019 and March 2019 to entice multiple minors, primarily ages 13 to 14, into sending nude photographs wherein they were engaged in sexually explicit conduct.  Duron used those photographs to extort the minors, claiming he would release the sexually explicit photographs to their family and friends if they did not provide additional images of sexual activity. He also required them to enter real time video chat rooms where they were coerced into performing sexual acts for adult males as Duron watched.

“The sentence imposed today shows the U.S. Justice Department’s commitment to ensure the safety and innocence of our nation’s children,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “The FBI and its law enforcement partners remain dedicated to protecting our nation’s future by ensuring our children can prosper where individuals like Duron do not threaten their welfare.”

The San Antonio FBI’s Crimes Against Children Task Force and the Texas Attorney General’s Office conducted this investigation.  Duron has remained in federal custody since his arrest on October 5, 2019.

Assistant U.S. Attorney Bettina Richardson prosecuted this case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Chester “Chet” Risco (36, North Fort Myers) to 19 years and 7 months in federal prison for distributing methamphetamine. Risco had pleaded guilty to four counts of distributing the drug on September 1, 2020.

According to court documents, the Lee County Sheriff’s Office and the FBI began investigating Risco after receiving a tip that he had been distributing large amounts of methamphetamine in and around North Fort Myers. During the summer of 2019, a confidential informant working at the direction of law enforcement purchased 100% pure methamphetamine from Risco on four occasions. Further investigation revealed the scope of Risco’s drug dealing activities, which involved selling multiple ounces of methamphetamine and fentanyl weekly in Lee County until his arrest in March 2020. 

This case was investigated by the Federal Bureau of Investigation and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Memphis, TN – Joshua Beason, 26, has been sentenced to 293 months in federal prison for committing multiple business robberies and brandishing a firearm. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.

According to information presented in court, on June 28, 2019, Beason and two co-defendants robbed multiple Memphis-area gas stations in what was described in court as a "night of terror."

At approximately 1:10 a.m., Beason and co-defendant 1 approached a store clerk outside of the Mapco Express on Raleigh Millington Road, armed with semi-automatic handguns with extended magazines. They threatened the clerk, forced her inside, and removed money from the register.

Less than an hour later, the suspects proceeded to the Murphy Express on Summer Avenue. Beason and co-defendant 2 placed a handgun to the side of a store clerk, forced him inside the store, and threatened the lives of both store clerks. They then took money from the register and fled the scene.

Approximately thirty minutes later, the suspects robbed the Exxon on Summer Avenue. As Beason and co-defendant 2 entered the business, the clerk ran to the back of the store. While running, he heard Beason and co-defendant 2 yell "don't move or I will shoot" and "shoot, shoot." The group removed the cash drawer and fled the scene.

Minutes later, the suspects participated in a home invasion in the 2000 block of West Barbara Circle. The resident, as well as the co-defendants were shot. All three survived. Beason and his co-defendants were apprehended at a local emergency room.

On November 2, 2020, Beason pled guilty to three counts of robbery and three counts of brandishing a firearm in relation to a crime of violence.

On May 14, 2021, U.S. District Judge Mark S. Norris sentenced Beason to 293 months in federal prison to be followed by three years’ supervised release. There is no parole in the federal system.

Beason's co-defendants are scheduled for trial in July 2021.

This case was investigated by the FBI’s Safe Streets Task Force.

Assistant U.S. Attorneys Kevin Whitmore and Greg Wagner prosecuted this case on behalf of the government.

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