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Philadelphia Man Arrested on Murder-For-Hire Charges; Attempted Homicide in Southwest Philadelphia Thwarted

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PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Darnell Jackson, a/k/a “Major Change,” 47, of Philadelphia, PA, was arrested and charged by Criminal Complaint on federal charges of murder-for-hire and possession of ammunition by a convicted felon. In a news conference outside the federal courthouse in Philadelphia alongside Assistant Special Agent-In-Charge for FBI Philadelphia’s Violent Crime Branch James Christie and Philadelphia Police Chief of Investigations Chief Inspector Frank Vanore, Acting U.S. Attorney Williams discussed the charges and the investigation leading to the defendant’s arrest as part of the federal effort to reduce violent crime in Philadelphia known as ‘All Hands On Deck.’

According to publicly filed court documents unsealed today, the defendant allegedly orchestrated a murder-for-hire plot which stemmed from an ongoing state drug trafficking investigation. One week ago on Monday, July 19, 2021, and in the days immediately following, Jackson allegedly communicated with an individual via cell phone calls and text messages in an effort to arrange the killing of a different individual (the intended victim), sending a photo of the intended victim and indicating that he was willing to pay $5,000 to someone to commit the murder. Jackson also allegedly mentioned to the individual that he was interested in locating the close friends of the intended victim so that they could be harmed as well. Once the individual reported to the defendant that he had located the intended victim, they allegedly agreed that the killing would occur on the evening of Wednesday, July 21st.

That same evening, the individual called Jackson to report that the intended victim had been killed, but this was actually false. In response, the defendant allegedly replied that he was on his way to meet the individual in order to pay him for his services. A few minutes later, Jackson was stopped by law enforcement while driving a vehicle in the vicinity of 65th Street & Guyer Avenue in Southwest Philadelphia, and he was allegedly found in possession of a Glock-style Personally Manufactured Firearm (PMF or ‘ghost gun’) loaded with 16 live rounds of ammunition, and nowhere near the amount of $5,000. The defendant was immediately arrested and taken into custody pursuant to the Criminal Complaint; he made his initial appearance in federal court on Friday, July 23, and will appear before U.S. Magistrate Judge Perkin for a detention hearing on Tuesday, August 3.

“It is no stretch of the imagination to conclude that law enforcement thwarted multiple alleged attempted murders by the defendant last week,” said Acting U.S. Attorney Williams. “But there are hundreds of families in this city for whom this news means very little, because their loved ones were already gunned down this year. I want to thank the dedicated men and women of the FBI and Philadelphia Police Department who were responsible for taking Jackson off the streets, and I want to assure the public that we will continue to do all we can to fight the surge of violence plaguing our city.”

“When our Safe Streets Gang Task Force received information on an alleged murder for hire last week, we immediately determined this was truly a life-threatening situation,” said James E. Christie, Assistant Special Agent in Charge of the FBI’s Philadelphia Division. “Agents and task force officers worked quickly, taking all necessary steps to disrupt this deadly plot. As a result, the intended victim is safe, the alleged orchestrator is behind bars, and a ghost gun is off the street. We refuse to cede this city to criminals who think solving a problem means pulling a trigger, who hold blocks and entire neighborhoods hostage to their violence. The ‘All Hands on Deck’ initiative continues to produce results and you’ll be seeing more of those in the weeks and months to come.”

“Every day, members of law enforcement agencies at all levels work tirelessly to prevent violent events from occurring in our city,” said Philadelphia Police Commissioner Danielle Outlaw. “The PPD and our partner agencies recognize the gravity of Philadelphia’s plight. People who commit serious crimes must face serious consequences, and arrests like the one announced today are the very reason why this joint initiative was created. I want to thank the FBI and the U.S. Attorney’s Office for pledging their support to this effort and ultimately contributing to the safety and well-being of those who live, work, and visit this beautiful city.”

If convicted, the defendant faces a maximum possible sentence of 20 years in prison (10 years for each charge).

The case was investigated by the Federal Bureau of Investigation – Philadelphia Field Office and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Justin Ashenfelter.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.


Cape Cod Man Sentenced in Connection with Heroin Conspiracy

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BOSTON – An Osterville man was sentenced in federal court in Boston today for his role in a wide-ranging heroin trafficking conspiracy.

Eric Brando, 29, was sentenced by U.S. District Court Judge Allison D. Burroughs to 66 months in prison and six years of supervised release. In February 2020, Brando pleaded guilty to conspiracy to distribute 100 grams or more of heroin.

In May 2019, Brando and 10 co-defendants were arrested and charged with various drug distribution offenses.

According to court documents, in 2019, law enforcement began an investigation into a Cape Cod drug trafficking organization, allegedly led by co-defendant Edwin Otero. It is alleged that Otero and his co-conspirators distributed large quantities of heroin throughout Cape Cod, including Hyannis, Mashpee, Centerville and Osterville, as well as Pawtucket, R.I. Interceptions from Otero’s phone identified Brando as a drug trafficker supplied by Otero. In addition to moving sizeable quantities of heroin, the investigation revealed that members of the Otero crew shot at a drug customer over an unpaid debt and videotaped themselves beating another man they incorrectly believed had provided information to the police.

Brando is the first defendant to be sentenced in this case and the fourth to have pleaded guilty.  The remaining seven defendants have pleaded not guilty and are pending trial.

The charge of conspiracy to distribute 100 grams or more of heroin provides for a sentence of up to 40 years in prison, at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Barnstable Police Chief Matthew K. Sonnabend made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case. 

The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Virginia Man Pleads Guilty to Federal Sex Trafficking Charge Defendant Coerced and Sexually Exploited Three Women in Northwest Washington

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            WASHINGTON – Michael Jabaar Wilkins, 38, of Norfolk, Va., has pleaded guilty to a federal sex trafficking charge stemming from his sexual exploitation of three women – sometimes using violence - between 2011 and 2019 for his own financial gain.

            The guilty plea was announced by Acting U.S. Attorney Channing D. Phillips, Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            Wilkins pleaded guilty on July 21, 2021, in the U.S. District Court for the District of Columbia, to a charge of sex trafficking by force, fraud, or coercion. The charge carries a mandatory minimum of 15 years in prison. Wilkins remains detained pending his sentencing on Dec. 2, 2021, by the Honorable Rudolph Contreras.

            According to the government’s evidence, over the course of a decade, Wilkins separately induced and coerced the women to travel from Virginia to the District of Columbia to engage in commercial sex acts for his own financial benefit. He took sexually explicit photographs of two of the women that he used in online advertisements for commercial sex. The activities took place in the 1300 block of 12th Street NW and other locations in the Logan Circle neighborhood of Northwest Washington. According to the evidence, Wilkins physically assaulted two of the women, knocking one of them unconscious in one confrontation.

            Wilkins was arrested on Nov. 5, 2019, following an investigation by the Metropolitan Police Department and the FBI Child Exploitation and Human Trafficking Task Force, which is composed of FBI agents and local, state, and federal partners. He has been detained ever since. He pleaded guilty less than a week before his trial was scheduled to begin.

          In announcing the plea, Acting U.S. Attorney Phillips, Acting Special Agent in Charge Bornstein, and Chief Contee commended the work of those who investigated the case from the FBI and MPD. also expressed appreciation for the assistance provided by Trial Attorney Jessica Arco of the Justice Department’s Human Trafficking Prosecution Unit. They acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Kenny Nguyen and Alexis Spencer-Anderson, Victim Witness Program Specialist Yvonne Bryant, Victim Witness Service Coordinator Tonya Jones, and Witness Security Specialist Lesley Slade. Finally, they commended the work of Assistant U.S. Attorneys Amy E. Larson and Janani Iyengar, who investigated and prosecuted the case.

 

Three Former Hamilton Correctional Institution Annex Officers Plead Guilty To Violating Inmate’s Civil Rights

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Jacksonville, Florida – Ethan Burkett (25, Live Oak, FL), Coty Michael Wiltgen (31, Live Oak, FL), and William Story Shackelford (24, Valdosta, GA) have pleaded guilty to beating an inmate in their custody, in violation of the inmate’s civil rights.  Each faces a maximum penalty of 10 years in federal prison.

According to court documents, on March 3, 2020, while on duty as correctional officers at the Hamilton Correctional Institution Annex (HCI) in Jasper, Florida, Burkett, Wiltgen, and Shackelford struck an inmate multiple times while he was lying handcuffed on the ground.  Specifically, Wiltgen and Shackelford escorted the victim to an outdoor area at HCI and assaulted the victim following an earlier altercation involving the victim and Burkett.  The victim had pushed Burkett off his path while he was chasing after another inmate inside a dormitory.  When the victim then tried to walk away after pushing Burkett, Wiltgen sprayed the victim with pepper spray.  The victim then laid down and offered no resistance as Wiltgen handcuffed him.  Wiltgen and Shackelford then escorted the cooperative and compliant victim out of the dormitory to an outdoor area at HCI, out of camera view, and made the victim fall to the ground.  Shackelford then held the victim down on the ground with his knee in the victim’s back to keep him from moving and struck the victim in the side.  Wiltgen kicked the victim in the face approximately 15 times.  When Burkett arrived outside, he went up to the victim and hit him twice with an open hand to the upper back and punched the victim’s body.  The victim was screaming during the assault and was knocked unconscious by Wiltgen kicking him in the face.  The officers’ actions caused the inmate to suffer multiple injuries.  Burkett, Wiltgen, and Shackelford knew that their use of force against the victim was unnecessary and excessive, counter to their training, and completely unjustified at the time that they used such force and/or watched others use such force against the victim.

This case was investigated by the Florida Department of Corrections Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ashley Washington.

Business Owner Indicted On Tax Fraud

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WICHITA, KAN. – A federal grand jury in Wichita indicted a Wichita man on 17 counts of Failure to Pay Over Payroll Taxes.

According to court documents, Jesus Perez-Aguayo, 38, served as owner, operator, and president of two companies, JLP Construction and JP Remodeling. Between 2015 and 2019, Perez-Aguayo is accused of collecting but not forwarding hundreds of thousands of dollars in employee payroll taxes to the Internal Revenue Service. 

If there is a conviction, each count of Failure to Pay Over Payroll Taxes carries a penalty of up to five years in prison.

Internal Revenue Service Criminal Investigation is investigating the case.

Assistant U.S. Attorney Molly Gordon is prosecuting the case.

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

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Barnstable Man Indicted on Child Exploitation Offenses

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BOSTON – A Barnstable man was arrested on Friday, July 23, 2021 on child exploitation offenses.

Atticus J. Bernard, 21, was indicted on two counts of sexual exploitation of children and one count of possession of child pornography. Bernard was detained following an initial appearance and arraignment on July 23, 2021.

According to the indictment, Bernard allegedly used two minors to engage in sexually explicit conduct for the production and distribution of child pornography on two separate occasions between approximately November 2019 and October 2020. In addition, on Jan. 14, 2021, Bernard allegedly possessed child pornography.

The charge of sexual exploitation of children provides for sentence of up to 30 years, a minimum of 15 years and up to a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Frederick J. Regan, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Assistant U.S. Attorney David G. Tobin of Mendell’s Major Crimes Unit is prosecuting the case.

Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.

The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Two SCI Inmates, Two Allegheny County Residents Charged in Schemes to Smuggle Synthetic Cannabinoids into State Prisons and to Obtain Pandemic Unemployment Benefits

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PITTSBURGH, PA - Two residents of Allegheny County, Pennsylvania, and two individuals incarcerated at Pennsylvania State Correctional Institutions (SCIs), have been indicted by a federal grand jury in Pittsburgh on charges of shipping drugs into a prison and pandemic unemployment fraud, Acting United States Attorney Stephen R. Kaufman announced today.

The three-count drug-related Indictment, returned on July 20, 2021 and unsealed today, named Rodney Howard, 36, who is currently incarcerated at SCI Mahanoy; Dustin Hill, 34, who is currently incarcerated at SCI Benner; and DeAndre Jackson, 28, of Skyline Drive, Pittsburgh, PA 15227.

The one-count pandemic unemployment fraud-related Indictment, also returned on July 20, 2021 and unsealed today, named DeAndre Jackson, 28, of Skyline Drive, Pittsburgh, PA 15227, Rodneka Howard, 27, of Greensburg Pike, North Versailles, PA 15137; and Rodney Howard, 36, who is currently incarcerated as SCI Mahanoy. Rodney and Rodneka Howard are siblings with each other and half-siblings with DeAndre Jackson.

Acting U.S. Attorney Kaufman said, “Introducing illicit drugs into the prison system endangers inmates and employees. Illegally obtaining pandemic unemployment benefits hurts real Pennsylvania workers struggling to cope with job loss. Both types of crimes violate federal law and will be swiftly and justly prosecuted.”

“The PA Department of Corrections maintains a zero tolerance policy toward individuals who engage in criminal activity while housed in our facilities, particularly those who put staff and others at risk by attempting to smuggle dangerous drugs into prisons,” said PA Department of Corrections (PADOC) Secretary John Wetzel. "The charges announced today are the result of months of exemplary work from members the PADOC’s Bureau of Investigations and Intelligence, the DOJ, and our other state and federal law enforcement partners, and I applaud them for their efforts.”

Inspector in Charge Lesley Allison, Pittsburgh Division said, “Postal Inspectors, federal prosecutors and our law enforcement partners have diligently worked to identify and disrupt the activities of drug trafficking and mail fraud. Postal Inspectors will continue to tirelessly investigate these types of crimes that utilize the U.S. Postal Service to facilitate illicit transactions.”

“An important part of the mission of the Office of Inspector General is to investigate allegations of fraud related to unemployment insurance programs. We will continue to work with the Pennsylvania Department of Labor and Industry and our law enforcement partners to
investigate these types of allegations”, stated Syreeta Scott, Acting Special Agent-in-Charge of the Philadelphia Region, U.S. Department of Labor Office of Inspector General.

According to the drug-related indictment, Rodney Howard, Hill, and Jackson conspired to distribute and possess with intent to distribute ADB-BUTINACA, which is a Schedule I controlled substance. The indictment also charges Jackson with distributing that drug and with using the mails to aid this unlawful activity.

According to the pandemic unemployment fraud-related indictment, Jackson, Rodneka Howard, and Rodney Howard conspired to commit mail fraud by applying for or causing applications for pandemic benefits on behalf of three incarcerated individuals who were ineligible for those benefits. One of those cards was mailed to Rodneka Howard’s home address and another was mailed to an address that Jackson has used as his shipping and billing address in other contexts.

According to affidavits filed in support of search warrants that have been unsealed, on January 29, 2021, a manilla envelope was mailed from a post office in Pittsburgh to Hill at SCI Dallas with a return address at the Court of Common Pleas in Pittsburgh. The package contained approximately 30 sheets of cotton fiber paper that appeared to be a docket for a criminal case against Dustin Hill in the Allegheny County Court of Common Pleas. Later lab testing concluded that the sheets had been soaked in a synthetic cannabinoid named ADB-BUTINACA.

Postage for that envelope was paid using a pandemic unemployment benefits card in the name of inmate Z.E. who was on the same cell block at SCI Dallas as Rodney Howard and Hill.

In early February 2021, the envelope arrived at SCI Dallas and was treated as legal mail. Under the protocols at that time, the envelope was delivered to Hill by multiple corrections officers who opened it in front of Hill. The officers realized that the envelope’s content had been soaked in suspected synthetic cannabinoids, so they took the envelope to the Security Office for further inspection. At the Security Office, two corrections officers became ill from exposure to the envelope’s contents.

The sheets of paper in the envelope were altered to look like Hill had a criminal case in Allegheny County, so the package would appear to be legitimate legal mail shipped from Pittsburgh. But Hill has no criminal cases in Allegheny County.

Additionally, the affidavits describe recorded jail calls and photos of handwritten notes in DeAndre Jackson’s phone that further connect Rodney Howard, Jackson, and Hill to the envelope and the drug-soaked sheets inside. For example, Jackson’s personal credit card was used to make payments to Hill, consistent with jail calls between Rodney Howard and Jackson, as well as consistent with a photo of a handwritten note in Jackson’s phone.

As explained in the affidavits, there is a market in prison for sheets of paper soaked in synthetic cannabinoids. An inmate will generally cut such a sheet into small pieces to sell to other inmates who ingest the paper for the psychedelic effects. It is common to soak the synthetic cannabinoids in parchment paper because the thicker cotton paper is absorbent.  Such contraband is typically introduced into state prisons under the guise of legal mail, which may be addressed to a different inmate to avoid detection if the mail is intercepted. During the coronavirus pandemic, the prices for these sheets of drug-soaked paper have increased dramatically. Although the prices fluctuate, at relevant times, a full sheet of paper with synthetic cannabinoids could sell in an SCI, once divided into separate pieces, for a total of approximately $8,000, $10,000 or $14,000. Jackson’s emails include notifications for hundreds of Cash App transactions, including transactions that indicate they are on behalf of individuals at “SCI Dallas” or “in the Dallas prison.”

The pandemic benefit card that Jackson was using is connected to two other pandemic benefits cards in the names of incarcerated individuals, including Rodney Howard. The Rodney Howard card was shipped to Rodneka Howard’s home address in North Versailles, and she used this card to make purchases. Another of the cards was shipped to the Amato Drive address in North Versailles that Jackson has used, and there is evidence of Jackson using that card.

For the drug charges, the law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both. For the mail fraud conspiracy, the law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Ira M. Karoll is prosecuting this case on behalf of the government.

The United States Postal Inspection Service, Pennsylvania Department of Corrections- Bureau of Investigations and Intelligence, and United States Department of Labor-Office of Inspector General conducted the investigation leading to the Indictments in this case, with assistance from the United States Drug Enforcement Administration and Pennsylvania Department of Labor & Industry—Internal Audits Division.

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

Bristol, Tennessee Woman Sentenced to 24 Months in Prison for Role in Pandemic Unemployment Scheme

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ABINGDON, Va. – A Bristol, Tenn. woman, who conspired with others to fraudulently file more than $499,000 in in pandemic unemployment benefits, was sentenced today to 24 months in federal prison.

Melissa Hayes, 51, pleaded guilty earlier this year to one count of conspiracy to commit unemployment fraud and one count of conspiracy to commit mail fraud.

According to court documents, Hayes conspired with others to commit fraud against the United States in connection with a scheme involving the filing of fraudulent claims for pandemic unemployment benefits.

Members of the conspiracy, including Hayes, worked together to collect personal identification information of more than 35 co-conspirators, including 15 inmates in the custody of the Virginia Department of Corrections, and to file fraudulent claims of pandemic-related unemployment benefits.

Over the course of nine months, Hayes, and others, filed fraudulent claims for at least 37 individuals, with a total actual loss to the United States of at least $499,000.

The Department of Labor Office of the Inspector General, Internal Revenue Service – Criminal Investigation, Norton Police Department, and Russell County Sheriff’s Office investigated the case.

Acting United States Attorney Daniel P. Bubar of the Western District of Virginia, Acting Special Agent in Charge Darrell J. Waldon, IRS-CI Washington D.C. Field Office and, Syreeta Scott, Acting Special Agent-in-Charge, Philadelphia Region made the announcement today.  

Assistant United States Attorney Daniel J. Murphy prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods,  augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form .


Queens Man Pleads Guilty to Sexually Exploiting Children and Possessing Child Pornography

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Earlier today, in federal court in Brooklyn, Orlando Lopez pleaded guilty to nine counts of child exploitation and one count of possession of child pornography.  The proceeding took place before United States District Judge Eric R. Komitee.  When sentenced, Lopez faces up to 50 years’ imprisonment on each count of production of child pornography, as well as forfeiture, restitution and a fine.

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, announced the guilty plea.

“With today’s guilty plea, the defendant admits to preying on vulnerable young children for the cruel purpose of sexually exploiting them, and he also admits to possessing thousands of pornographic videos and photographs depicting his depraved acts of sexual abuse.” stated Acting United States Attorney Kasulis.  “While the defendant’s admission of guilt cannot undo the terrible harm he has inflicted, it does provide assurance that this Office and its law enforcement partners remain steadfast in their commitment to prosecuting dangerous predators like the defendant to the fullest extent of the law.”

Ms. Kasulis expressed her grateful appreciation to the Federal Bureau of Investigation, New York Field Office, the New York City Police Department and the Queens County District Attorney’s Office for their assistance with the case.

According to court filings and admissions made in court at the time he entered his plea, Lopez created child pornography by sexually abusing children and taking photographs and videos of the abuse.  Many of the children Lopez targeted lived with their families near Lopez’s residence in Queens and were between the ages of two and 10 years old when he sexually abused them.  In order to gain access to his victims, Lopez attempted to befriend their parents.  Law enforcement recovered thousands of photos and videos from Lopez’s residence depicting him engaging in sexual activity with children.

This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The government’s case is being prosecuted by Assistant United States Attorney Tanya Hajjar.

The Defendant:

ORLANDO LOPEZ
Age:  66
Jamaica, Queens

E.D.N.Y. Docket No. 20-CR-52 (EK)

 

Dubois Man Sentenced to Prison for Filing False Tax Returns

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PITTSBURGH, PA - A resident of Clearfield County, Pennsylvania, has been sentenced in federal court to 18 months in federal prison followed by one year of supervised release on his conviction of filing false tax returns, Acting United States Attorney Stephen R. Kaufman announced today.

United States District Judge Nora Barry Fischer imposed the sentence on Gary E. Mills, 61, of Dubois, PA.

According to information presented to the court, on April 15, 2015, April 15, 2014, and August 1, 2014, Mills filed false joint tax returns by intentionally under reporting his and his wife’s income to the IRS. Previously Mills’ now ex-wife had been prosecuted for embezzling more than $12 million dollars from her former employer, Matthews International. She pled guilty to mail fraud, wire fraud, tax evasion and money laundering and was sentenced to 100 months in prison and three years supervised release. Between Gary Mills and his ex-wife they forfeited multiple vehicles, residences, motorcycles, a snow mobile and multiple items of personal property.

Prior to imposing sentence, Judge Fischer stated that the evidence presented at trial that established the Mills intentionally filed false income tax returns “was overwhelming”.

Acting United States Attorney Steve Kaufman commended the Internal Revenue Service - Criminal Investigation and the U.S. Postal Inspection Service for the investigation leading to the successful prosecution of Gary E. Mills.

Peoria Man Sentenced to 67 Months in Prison for Stealing Nearly 100 Guns from Area Licensed Dealers

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PEORIA, Ill. – A Peoria, Ill., man, Keith L. Winters, 31, was sentenced on July 21, 2021, to an aggregate term of 67 months in federal prison, to be followed by a three-year term of supervised release, for conspiring and stealing firearms from federal firearms licensees, possessing stolen firearms, and possessing firearms while a felon. Altogether, Winters’s burglaries involved 94 stolen firearms.

Winters, who pleaded guilty to the charges, admitted that on March 21, 2019, he and two others drove a stolen truck from Peoria to The Tac Shack in Monmouth, Illinois. Two additional accomplices accompanied the truck by car to serve as a lookout. When both vehicles arrived at The Tac Shack, participants in the burglary shattered the glass storefront and made entry. After taking 36 guns from the store, the men drove back to Peoria and divided up the stolen guns. Winters further admitted that on March 29, 2019, he and several others drove a stolen truck from Peoria to Farm King in Galesburg, Illinois, where the men used wire cutters to enter a fenced area, then broke a window to make entry. Like the first burglary, two additional accomplices in a separate vehicle acted as a lookout for law enforcement. After taking 58 guns from Farm King, the men drove back to Peoria to divide up the stolen guns. At the time Winters committed each of the burglaries, he had previously been convicted of felony offenses and was prohibited by law from possessing firearms.

At the sentencing hearing, the government presented evidence that law enforcement recovered approximately 40 of the firearms in the months following the burglaries. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Peoria Police Department used the ATF’s ballistic imaging network to determine that the stolen guns had traveled to Peoria, Chicago, and Evanston, as well as out of Illinois, including to cities in Iowa, Indiana, and Alabama. Many of the firearms recovered were linked to other crimes, including robbery, unlawful possession of weapons, shootings, and homicide. Shell casings from one of the guns matched those from one of several firearms discharged in a gunfight on the Peoria Riverfront on July 19, 2020, where 13 people were wounded.

Previously, on July 16, 2020, Winters’s co-defendant Jeremy L. Howard, 41, was sentenced to 52 months in prison, to be followed by a three-year term of supervised release, for his involvement in the possession and distribution of firearms. On June 2, 2021, codefendant Miray A. Smith, 21, was sentenced to 46 months in prison, to be followed by a 3-year term of supervised release, for conspiring and stealing firearms from federal firearms licensees and possessing stolen firearms. Both men resided in Peoria at the time of their crimes. At Smith’s sentencing hearing, United States District Judge Michael M. Mihm emphasized the dangerousness of the distribution of unlawful firearms on the streets, likening a stolen gun to a boulder rolling down a mountain that will inevitably crash into something and destroy lives.

“Working with the ATF and our other law enforcement partners, the United States Attorney’s Office remains committed to doing what it takes to get guns out of the hands of people who cannot legally possess them,” said Acting U.S. Attorney Douglas J. Quivey. “Burglaries of licensed firearms dealers represent a major threat to public safety not just in Central Illinois but to the entire region, and we will continue to aggressively investigate and prosecute all of those responsible.”

“ATF will continue to collaborate with state and local partners to investigate all thefts from federal firearms licensees,” commented ATF Special Agent in Charge Kristen de Tineo of the Chicago Field Division. “I commend the coordinated effort of the law enforcement agencies in investigating this case and the United States Attorney’s office for charging it.”

The charges are the result of investigation by the ATF, with assistance from the Galesburg Police Department; Illinois State Police; Monmouth Police Department; Peoria County Sheriff’s Office; and the Peoria Police Department. Assistant U.S. Attorney Ronald L. Hanna represented the government in the prosecution of the case in coordination with the Warren County, Knox County, and Peoria County State’s Attorneys’ Offices.

Todd County Man Indicted for Failure to Register as a Sex Offender

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Acting United States Attorney Dennis Holmes announced that a Todd County, South Dakota, man has been indicted by a federal grand jury for failure to register as a sex offender.

Eugene Hollow Horn Bear, age 61, was indicted on July 14, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, mandatory minimum 5 years of supervised release, up to life, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between November 2, 2020, and April 23, 2021, in the District of South Dakota, Hollow Horn Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update a registration.

The charge is merely an accusation and Hollow Horn Bear is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Abby Roesler is prosecuting the case.   

Hollow Horn Bear was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

Delaware man sentenced for role in drug trafficking enterprise

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MARTINSBURG, WEST VIRGINIA – Andre Jason Burgos, of Wilmington, Delaware, was sentenced today to 30 months of incarceration for his role in a drug distribution enterprise, Acting United States Attorney Randolph J. Bernard announced.

Burgos, also known as “Ghost,” 30, pled guilty in March 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and Cocaine Hydrochloride.” Burgos admitted to working with others to sell cocaine hydrochloride, cocaine base, heroin, and fentanyl from June 2019 to October 2020 in Berkeley County and elsewhere.

Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated. The Eastern District of Pennsylvania U.S. Attorney’s Office and the Kent County Sheriff’s Office assisted.

These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep.  This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. 

OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Chief U.S. District Judge Gina M. Groh presided.

Find the related case here: https://www.justice.gov/usao-ndwv/pr/22-people-indicted-drug-trafficking-enterprise-spanned-several-states

New York Man Charged with Failing to Pay Over Payroll Taxes

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Acting United States Attorney Dennis R. Holmes announced that a Stony Point, New York, man was charged in federal district court with ten counts of Failure to Withhold, Properly Account For, and Pay Over Tax.

Asher Wagh, age 45, was charged on February 21, 2021.  Wagh appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 2021, and pleaded not guilty to the charges.  The maximum penalty upon conviction is 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Wagh, while co-owner of Captech International LLC, collecting payroll taxes but willingly failing to pay over the taxes to the Internal Revenue Service between 2015 and 2017.  The charges are merely an accusation and Wagh is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Internal Revenue Service- Criminal Investigation.  Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.

Wagh was released pending trial.  A trial date has not been set. 

Harrison County man sentenced to 14 years for having more than 50 grams of methamphetamine

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CLARKSBURG, WEST VIRGINIA – David Christopher Monroe, of Clarksburg, West Virginia, was sentenced today to 168 months of incarceration for a methamphetamine charge, Acting United States Attorney Randolph J. Bernard announced.

Monroe, age 35, pled guilty to one count of “Possession with Intent to Distribute 50 grams or more of Methamphetamine” in November 2020. Monroe admitted to having more than 50 grams of methamphetamine, also known as “crystal” and “ice,” in Harrison County in December 2019.

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

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

 


Martinsburg man sentenced for firearms charge

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MARTINSBURG, WEST VIRGINIA – Darian Leizear, of Martinsburg, West Virginia, was sentenced today to 15 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.

Leizear, 23, pleaded guilty in March 2021 to one count of “Unlawful Possession of a Firearm.” Leizear, a person prohibited from having firearms because of a prior conviction, admitted to having a .380 caliber pistol in September 2020 in Berkeley County.

Assistant U.S. Attorney Eleanor F. Hurney prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.

Chief U.S. District Judge Gina M. Groh presided.

 

Parkersburg Man Sentenced to Federal Prison for Child Pornography Crime

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CHARLESTON, W.Va. – A Parkersburg man was sentenced today to six years in federal prison for distributing child pornography.  Upon his release, Timothy Paul Rapson, 39, will be required to serve a term of 20 years of supervised release and to register as a sex offender.

According to court documents, Rapson previously pleaded guilty to using a peer-to-peer file sharing program to distribute child pornography on December 31, 2019. The investigation revealed that Rapson possessed over 76,000 images and videos of child pornography, many of which depict prepubescent minors.

Acting United States Attorney Lisa G. Johnston made the announcement and praised the investigative work of the Parkersburg Police Department. Assistant United States Attorney Julie M. White handled the prosecution.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. 

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-000175.

  

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Two Individuals Sentenced to Federal Prison for Drug and Gun Crimes

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CHARLESTON, W.Va. – Two of the 15 individuals charged as a result of the long-term investigation dubbed the “Woo Boyz” have been sentenced to federal prison for federal drug and gun crimes. Erica Ratliff, 36, of Charleston, was sentenced to six years in prison for possession with intent to distribute five grams or more of methamphetamine. Devonte Andrews, 28, of Charleston, was sentenced to 37 months in prison for being a felon in possession of a firearm. 

According to court documents, Ratliff met her drug source of supply at the Family Dollar store on Bigley Avenue on November 24, 2020 and purchased three ounces of methamphetamine. After Ratliff left the parking lot of the Family Dollar store, law enforcement officers conducted a traffic stop on her vehicle.  The officers recovered the methamphetamine that Ratliff had just purchased as well as other controlled substances she had on her person.  Ratliff admitted that she intended to distribute the methamphetamine.

Court documents indicate that Andrews was walking on Hale Street on January 24, 2021 when he was stopped by officers with the Charleston Police Department. At the time, Andrews had a loaded Taurus PT 738 .380 ACP firearm behind his back.  Andrews admitted that he has a 2016 felony conviction for distribution of heroin and is prohibited from possessing firearms.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Charleston Police Department, the Metropolitan Drug Enforcement Network Team (MDENT), the U.S. Marshals Service and the West Virginia State Police. 

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.  Assistant United States Attorney Monica D. Coleman handled the prosecutions.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:21-cr-00046 (Andrews) and 2:21-cr-00033 (Ratliff).

 

 

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Nicholas County Man Pleads Guilty to Federal Gun Crime

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CHARLESTON, W.Va. – Ralph Floyd Barnett, Jr., 61, of Birch River, pleaded guilty today to a federal gun crime. A federal grand jury indicted Barnett in April 2021.

According to statements made in court, deputies with the Nicholas County Sheriff’s Department responded to Barnett’s residence in Birch River on August 17, 2019 after he made a series of 911 calls, including one in which he threatened to shoot somebody. After hearing gunshots as they approached the residence, deputies arrested Barnett and obtained a search warrant to search his residence. A member of the Nicholas County Sheriff’s Department subsequently recovered a .22 caliber handgun from a chicken coop located on Barnett’s property. Barnett admitted that he was prohibited from possessing firearms as a result of his prior felony conviction for the federal crime of aiding and abetting in maintaining a drug premises.

Barnett pleaded guilty to possession of a firearm by a felon and faces up to 10 years in prison when sentenced on October 21, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Nicholas County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant U.S. Attorney Nowles Heinrich is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00066.

 

 

 

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Ohio Man Sentenced to Federal Prison for Methamphetamine Conspiracy

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CHARLESTON, W.Va. – A Columbus, Ohio man was sentenced today to 70 months in prison for conspiracy to distribute methamphetamine. Rashawn Akmed Miller, 37, was one of 14 defendants charged as a result of a long-term investigation known as “Second Wave,” which dismantled a poly-drug network operating in Kanawha and Fayette counties.

According to the his plea agreement and statements made in court, Miller brokered a deal between a Columbus, Ohio supplier and Jason Michael Terrell and Roger Jarea Drake.  Terrell and Drake traveled from Kanawha County to Columbus where Miller introduced them to the supplier who sold them approximately two pounds of methamphetamine.  Terrell and Drake returned to West Virginia where they distributed the methamphetamine.  Terrell was sentenced to 14 years in federal prison for conspiracy to distribute more than 500 grams of methamphetamine. Drake is scheduled to be sentenced in September 2021.

All defendants charged as a result of the Second Wave investigation have pleaded guilty. Along with Drake, Steven Matthew Bumpus, Craig Redman, Tonya Simerly and Ronald Lee Thomas III are scheduled to be sentenced in September 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the excellent investigative work of all the law enforcement agencies involved in the case.  The long-term investigation was spearheaded by the Federal Bureau of Investigation (FBI) in partnership with the Central West Virginia Drug Task Force (CWVDTF), the Kanawha County Sheriff’s Department, the Charleston Police Department, the United States Postal Inspection Service (USPIS) and the Metropolitan Drug Enforcement Network Team (MDENT). The Drug Enforcement Administration (DEA) conducted the investigation of Sammy Joe Fragale, Sr., and Sammy Joe Fragale II, as part of the Second Wave investigation.

Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Joshua C. Hanks handled the prosecution. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-000154.

 

 

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