CHARLESTON, W.Va. – Ronald Pleasant, 26, of St. Albans, pleaded guilty to distribution of 50 grams or more of methamphetamine.

According to court documents, Pleasant sold two ounces of methamphetamine to a confidential informant for $1,000 on December 10, 2019 in St. Albans.  Pleasant admitted selling methamphetamine to the same confidential informant on two other occasions. 

Pleasant faces a mandatory minimum of five years and up to 40 years in prison when he is sentenced on November 4, 2021.

Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).

United States District Judge Irene C. Berger presided over the hearing.  Assistant United States Attorneys Monica Coleman and Negar Kordestani are handling 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-00197.

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Assistant U. S. Attorney Joseph Orabona (619) 546-7951

NEWS RELEASE SUMMARY– July 26, 2021

SAN DIEGO, CA – Jonathan Devon Price, aka “Lil’ Ty,” a North Park street gang member previously convicted of Racketeering Conspiracy, was sentenced in federal court today by Senior U.S. District Court Judge John A. Houston to 142 months in prison for committing the new crime of sex trafficking of children, and 24 months in prison for violating the conditions of supervised release in his racketeering case.

In December 2013, Price was charged with racketeering conspiracy, known as RICO, involving sex trafficking in San Diego and elsewhere. In October 2015, Price pleaded guilty to RICO by admitting his active role in the conspiracy that involved transporting adult females in San Diego and elsewhere for the purposes of prostitution. Price was later sentenced by Judge Houston to more than two years in prison and three years of supervised release. 

Between 2016 and 2019, Price violated his supervised release on multiple occasions and was returned to prison. He was released from prison on his last violation on August 30, 2019. 

While on federal supervision, Price was arrested on November 26, 2019 for once again engaging in sex trafficking. He was first transferred to state court for a matter involving the battery of one of his trafficking victims.  After his battery conviction in state court in January 2020, he was transferred to federal court and arraigned on sex trafficking charges in February 2020.  Price was ordered detained and has been in custody since his arrest in November 2019. 

On October 13, 2020, Price appeared before U.S. Magistrate Judge Michael S. Berg and entered a guilty plea to the charge of sex trafficking of children.  In his plea, Price admitted that in November 2019, he knowingly transported, provided, maintained, and obtained a 17-year-old minor female for the purpose of her engaging in commercial sex acts in San Diego County.  Price also admitted he caused online ads to be posted offering the minor female for commercial sex.  In addition, Price admitted that between about June 2018 and November 2019, he knowingly transported, provided, maintained, and obtained an adult female for the purpose of her engaging in commercial sex acts.  During this time, Price used fraud, force, and coercion against the adult female in order to cause her to engage in commercial sex acts. 

As part of his plea agreement, Price admitted that by committing the crime of sex trafficking of children in November 2019 he violated his supervised release conditions pending in his RICO case.  For violating his supervised release, Price was sentenced to 24 months in prison, with 12 months to run consecutive and 12 months to run concurrent to the new prison sentence of 142 months for sex trafficking of children.

“Exploiting girls and women through sex trafficking is a despicable crime that has a long-lasting and devastating impact on the victims’ lives and futures,” said Acting U.S. Attorney Randy S. Grossman. “Our office will continue to work with law enforcement partners to end the abuse and ensure traffickers are held accountable for the damage they cause.” Grossman praised prosecutor Joseph Orabona and members of the San Diego Human Trafficking Task Force for their excellent work on this case.

“Today, the defendant was sentenced for his crimes of sexual exploitation of multiple victims to include a minor,” said FBI Special Agent in Charge Suzanne Turner. “The FBI is proud to work alongside our partners on the San Diego Human Trafficking Task Force to pursue cases such as these. I hope today’s proceedings bring a sense of justice to the victims as they move forward in their lives.”

DEFENDANT                                               Case Numbers: 20CR0852-JAH, 13CR4510-JAH

Jonathan Devon Price, aka Lil’ Ty                 Age: 30           San Diego, CA

SUMMARY OF CHARGES

Sex Trafficking of a Minor, in violation of Title 18, United States Code, Section 1591

Maximum Penalties: Ten-year mandatory minimum and a maximum of life in prison; mandatory Sex Offender Registration; a maximum term of supervised release of life; mandatory restitution to the victims.

INVESTIGATING AGENCIES

San Diego Human Trafficking Task Force, which consists of:

• Federal Bureau of Investigation
• California Department of Justice
• California Department of Corrections & Rehabilitation – Parole
• California Highway Patrol
• ICE/Homeland Security Investigations
• National City Police Department
• San Diego City Attorney’s Office
• San Diego County District Attorney’s Office
• San Diego County Probation Department
• San Diego County Sheriff’s Department
• San Diego Police Department
• The United States Attorney’s Office, Southern District of California

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

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Myers a/k/a Stretch, 29, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, and 280 grams or more of crack cocaine, was sentenced to serve 20 years in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorneys Jeremiah E. Lenihan and Joel L. Violanti, who handled the case, stated that the defendant has been in custody at the Niagara County Jail pending the resolution of two separate federal indictments. While at the Niagara County Jail, Myers, in early 2020, made arrangements for kilogram quantities of heroin to be delivered to Buffalo from both North Carolina and California.  In May of 2020, the DEA also seized quantities of cocaine as well as a package containing 3,000 pills of suspected fentanyl/Percocet from individuals who were conspiring with defendant.  During recorded jail calls, defendant discussed such seizures with his coconspirators.

On June 4, 2020, a package was delivered to one of defendants coconspirators who then left his residence carrying a white plastic bag and drove away in his vehicle. Law enforcement officers attempted to conduct a vehicle stop, but the coconspirator sped away and engaged in a high-speed chase, eluding officers for approximately a mile on Route 33. During the chase, the coconspirator, who was eventually arrested on state charges, threw a plastic bag from his window.  After being released from custody, the coconspirator drove to the area where he discarded the plastic bag; however, the plastic bag was replaced by investigators with a “sham” package of narcotics. On July 14, 2020, the cocconspirator was taken into custody on a federal arrest warrant. A search warrant was executed at his residence on East Lovejoy Street in Buffalo and on his car. Investigators recovered suspected cocaine, a scale, mixing bowl, bottles of cutting agents, gloves, plastic bags for packaging, and a hydraulic press.

Previously, between February and July of 2015, the defendant, along with several others, distributed crack cocaine base throughout the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. During this same time, Myers would supply the crack cocaine to his co-conspirators for further re-sale. In addition, while pending sentencing on his 2015 case, between August 9 and August 23, 2018, the defendant conspired to sell butyryl fentanyl to an undercover police officer on two separate occasions. 

The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti.

# # # #

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

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alton Dunn, 31, of Rochester, NY, who was convicted of possessing with intent to distribute marijuana and possession of a firearm and ammunition by a convicted felon, was sentenced to serve 72 months in prison by U.S. District Judge David G. Larimer.

 Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on July 31, 2018, after officers from the Rochester Police Department, who were patrolling the area of Child Street in Rochester, saw a Lincoln Navigator with a license plate cover obscuring the vehicle’s license plate. Officers pulled the Navigator to the side of the road, approached the vehicle, and identified Dunn, who had been convicted of Robbery in the Second Degree in 2007, as the driver. Officers also learned he did not have a valid driver’s license. After ordering him to exit the Navigator, officers searched the defendant and found a small plastic vial of marijuana in his pocket. Officers could also smell marijuana coming from inside the vehicle. During a search of the vehicle, a loaded semiautomatic handgun, with a defaced serial number, and a bag containing 41 vials of marijuana were recovered. Dunn admitted that he intended to distribute the marijuana.
  
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative.  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

# # # #

A Louisville, Kentucky man was sentenced today by United States District Judge Benjamin Beaton to time served (five months) and a three-year term of supervised release for violating the Riot Act on January 6, 2021, in downtown Louisville.  John Subleski, age 33, of Louisville was arrested by the FBI on February 11, 2021, and has been in federal custody since that date.  Subleski posted multiple statements to social media to incite riots and violence and later committed an act of violence by firing his weapon at a motorist around the second street bridge during a riot in downtown Louisville on January 6, 2021.  At the time protesters were stopping and threatening motorists with firearms.  It is a violation of Title 18, United States Code, Section 2101 to incite, participate, and commit an act of violence such as discharging a firearm.

According to court documents, including the Indictment and criminal complaint, Subleski used a facility of interstate commerce, namely, the internet, Signal, and Facebook, with intent to incite, organize, promote, and carry on a riot and to commit an act of violence in furtherance of a riot on or about December 29, 2020, to January 7, 2021. According to the Indictment, Subleski is a member and leader of the United Pharaoh Guard “UPG”, a/k/a “Loujahadeen,” a Boogaloo Bois based anti-government anti-police ideology in Louisville, Kentucky. 

On December 29, 2020, Subleski posted, “Just thinking of how they've treated us, protectors of the people, as evil...Makes me wanna show them how evil we can be. I no longer care for nor do I want a peaceful resolution or revolution...I want [drop of blood emoji.].”  On December 30, 2020, Subleski wrote, “How much more f-----d up s---t gotta happen before the rest of you arm yourselves and armor up and join the resistance?”  On January 5, 2021, Subleski posted to his Facebook account: “The only thing that has ever beaten tyranny was a sword or a rifles….DASSSSS IT.  NOTHING ELSE!  GETCHO RIFLE AND LET IT BANG AGAINST THE GOVERNMENT.”  On or about January 6, 2021, riots were occurring in the United States Capitol in Washington, D.C.  Subleski, posted in response to events occurring in the Nation’s capital, to a Facebook Account posts inciting, promoting, and encouraging a riot in Louisville, Kentucky. At 12:02 p.m. on January 6, 2021, Subleski posted to his Facebook account, “Those of you afraid to [B]OOG because “What if we die?” Well what if we f------g live? get out there, do something!” At 2:06 p.m. on January 6, 2021, Subleski posted to his Facebook account, “They storming the capital in DC and ya’ll can’t unit enough to storm the gov buildings here….smh I HATE IT. 

At 3:24 p.m. on January 6, 2021,  Subleski posted to his Facebook “OTTA YOUR HOMES AND INTO THE STREETS F---K THE GOVERNMENT AND THE POLICE!!!!!!!! LETS GET THIS LUAU STARTED”.At 3:38 p.m. on January 6, 2021, Subleski posted to his Facebook, “Time to Storm LMPD.” On January 6, 2021, in a Signal chat with other members of the UPG, Subleski posted, “Holy s--t woman shot in capital.  Ya’ll lets storm LMPD”.  On January 6, 2021, in a Signal chat with other members of UPG, Subleski posted, “Everyone be armed and armored because s--t can go south quick and if it kicks off in one state then like dominos WE ALL BALL”.

At around 7:00 p.m. on January 6, 2021, rioters including UPG members surrounded a motorist at 2nd and W. Broadway attempting to drive around vehicles and individuals blocking the intersection.  As a car drove on the sidewalk individuals approached the car to prevent it from turning on Broadway.  A member of UPG pointed weapons at a driver in a car and damaged his vehicle with a metal trash can when the driver attempted to leave.

Thereafter, more than 20 persons, including Subleski, assembled at 2nd and Main Street closing traffic on main street and to and from Indiana on the 2nd  Street Bridge and began rioting by engaging in acts of violence that constituted a clear and present danger and resulted in damage to the property. The assemblage pointed weapons and threatened motorists and damaged vehicles. Subleski participated in the rioting by inciting protestors, providing armed security, and ultimately firing his weapon, committing an act of violence in furtherance of a riot, endangering protestors in the line of fire after a motorist drove past the blocked intersection at 2nd and Main Street.   

On January 7, 2021, Subleski posted to this Facebook, “ALL I WANN DO IS GO OUT [BOOGN]  WITH THE SHOOTERS [WINK EMOJI] UPG/LOUIJIHADEEN”.     

“I commend the FBI agents who investigated this matter and the prosecutors who worked alongside them to successfully prosecute the case,” stated Acting U.S. Attorney Michael A. Bennett.  “Individuals who incite riots and commit violent acts in violation of federal law, subjecting citizens to violence and fear, should know they will face swift investigation and prosecution in the Western District of Kentucky.”    

“Mr. Subleski’s conviction and sentence underscore the FBI’s determination that when domestic violent extremists turn to mayhem and destruction, they will be brought to justice,”  said Acting Special Agent in Charge Edward J. Gray of the FBI’s Louisville Field Office.  “Mr. Subleski is now a felon and will not be permitted to possess firearms. As a result, our community is safer. FBI Louisville will continue to work with our community, law enforcement, and prosecutorial partners to ensure our citizens’ rights and safety are protected.” 

The FBI investigated the case.  Assistant U.S. Attorneys Joshua Judd, Bryan Calhoun, and DOJ Trial Attorney Dmitry Slavin prosecuted the case.

BOSTON – A former Boy Scouts Leader was sentenced yesterday in federal court in Boston for sexually exploiting children via a social media app.

Matthew Murphy, 25, of Whitman, was sentenced by U.S. Senior District Court Judge Paul J. Barbadoro for the District of New Hampshire to 33 years in prison and 10 years of supervised release. In January 2020, Murphy pleaded guilty to five counts of sexual exploitation of children.

The investigation began when law enforcement learned that Murphy, posing as a teenage girl, used a Snapchat account to extort nude photographs from a Massachusetts middle school boy. Agents obtained portions of the Snapchat account Murphy had created in the fake identity and uncovered evidence of similar extortion of dozens of other minors in the area. Court records state that Murphy used five separate Snapchat accounts to sexually exploit at least 15 children. Murphy knew some of the children and their families through his connection to local Boy Scouts troops.

Acting United States Attorney Nathaniel R. Mendell and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The Whitman Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Anne Paruti, Mendell’s Project Safe Childhood Coordinator and Deputy Chief of the Major Crimes Unit, prosecuted the case.

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/.

CINCINNATI – The United States Attorney’s Office filed a motion today requesting a federal judge to find local landlord John Klosterman in civil contempt of court for failing to meet the requirements of a negotiated federal consent decree.

The United States sued Klosterman in 2018, alleging Klosterman sexually harassed female tenants since at least 2013 at the 55 residential properties he and his wife Susan Klosterman owned in Sedamsville.

Klosterman engaged in unwanted sexual touching, offered to reduce rent and overlook or excuse late or unpaid rent in exchange for sex. He evicted or threatened to evict female tenants who objected to or refused sexual advances. Klosterman also entered the homes of female tenants without their consent and otherwise monitored their daily activities with cameras directed at their units. 

In 2020, the Justice Department settled the lawsuit with Klosterman, who agreed to various terms in a consent decree. Today’s filing states Klosterman has violated these terms:

• Accurately represent and update the extent of their rental property holdings;
• Cease personally interacting with tenants or otherwise participating in rental management;
• Secure an independent property manager for any properties owned outside of a receivership created as a result of a lawsuit filed by the City of Cincinnati;
• Complete fair housing training and ensure compliance with a sexual harassment policy; and
• Pay monetary damages.

The United States argues Klosterman has failed to fully comply with the provisions of the federal court’s consent decree. For example, according to today’s motion, Klosterman continues to personally manage five rental properties, failed to secure an independent property manager, and has been accused of further improper conduct regarding female tenants.

In September and November 2020, Klosterman was charged criminally by the state of Ohio with Menacing by Stalking a female tenant victim.

“Klosterman’s repeated and ongoing refusal to comply with the consent decree justifies a finding of civil contempt in this case,” said U.S. Attorney Vipal J. Patel. “We seek to hold Klosterman accountable for his severe and pervasive sexual harassment.”

The court may remedy civil contempt by issuing fines or other relief intended to secure compliance with the federal court’s orders.

The United States’ motion asks the court to fine Klosterman $100 per day and $500 per incident until he meets various provisions of the consent decree. The United States is also asking the court to extend the duration of the decree by nine months, until July 2026.

The United States’ lawsuit was pursued jointly with the Justice Department’s Civil Rights Division. The Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color religion, national origin, sex disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

Individuals can report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, emailing the Justice Department at fairhousing@usdoj.gov, or submitting a report online.

Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio, announced the motion filed in federal court today. Civil Chief Matthew J. Horwitz is representing the United States in this case.

# # #

Memphis, TN – Joshua Henley, 32, of Evansville, Indiana, has been indicted for using three minors to create sexual abuse material and for transporting a minor interstate to engage in criminal sexual activity. Acting U.S. Attorney Joseph C. Murphy Jr., announced the indictment today.

Henley served as pastor of the Holladay Church of Christ in Holladay, Tennessee, and as a girls’ basketball coach at Holladay Elementary School (K-8) from approximately 2017 through March 2021. He previously held similar positions in Kansas, Texas, and Oklahoma, and was working as a youth pastor in Indiana until his arrest.

Henley is charged with four counts of producing child sexual exploitation material and one count each of transporting and possessing such materials; one count of transporting a minor interstate to engage in criminal sexual activity; and one count of sending obscene material to a minor under sixteen.

If convicted on all counts, Henley could face up to 160 years in federal prison. The case, number 1:21-cr-10064, is pending before Chief Federal District Court Judge S. Thomas Anderson in Jackson, Tennessee. There is no parole in the federal system.

The FBI’s Child Exploitation Task Force and the Benton County Sheriff’s Office led the investigation, with technical assistance from the Tennessee Bureau of Investigation. Anyone with additional information on this or other cases involving sexual exploitation of minors is asked to contact investigators at the FBI Resident Agency in Jackson, Tennessee, or the Sheriff’s Office in Benton County.

The charges and allegations contained in the indictment are merely accusations of criminal conduct, not evidence. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt and convicted through due process of law.

Assistant United States Attorney Debra Ireland is prosecuting this case on behalf of the government.

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As students prepare to leave home for college, the U. S. Attorney’s Office for the Eastern District Michigan wants to raise awareness among students that may be living on their own in off-campus housing for the first time about their rights and protections under the federal Fair Housing Act—in particular, the prohibition against sexual harassment in housing. 

Sexual harassment in housing is sex discrimination under the Fair Housing Act.  It includes demands for sex or sexual acts in order to buy, rent, or continue renting a home. It also includes other unwelcome sexual conduct that makes it hard to keep living in or feel comfortable in your home. If a landlord, rental manager, maintenance worker, or anyone else with control over housing engages in any of these types of behaviors with a tenant or prospective tenant, this may be unlawful sexual harassment:

•          Commenting on tenant’s body or looks

•          Sending sexually suggestive text messages to victim

•          Lurking or spying on tenant

•          Exposing self to tenant, showing tenant pornography, talking about sex with tenant

•          Entering tenant’s home unannounced, without notice or legitimate reason for doing so

•          Touching tenant without consent

•          Conditioning certain housing benefits – for example, renting to, making repairs, excusing a

              late rent payment – on receipt of sexual favors, including engaging in sexual acts, taking                                                                                   

              pictures of tenant, etc.

•          Threatening to evict tenant if they do not engage in sexual acts or favors

Beginning July 26, 2021, the U.S. Attorney’s Office will be sending correspondence to local universities enclosing information on the Fair Housing Act and materials about sexual harassment in housing that can be shared with students living in off-campus housing.  Employees from the U.S. Attorney’s Office will also be posting flyers on local college campuses providing information for victims of sexual harassment to help to shine a spotlight on behavior that often goes unreported.

“Sexual harassment in housing is illegal and unacceptable,” stated Saima S. Mohsin, Acting United States Attorney for the Eastern District of Michigan. “Students, like all Americans, have the right to feel safe and secure in their homes, free from unwanted sexual harassment.  Our office will work aggressively to punish anyone who uses their authority over someone’s housing to sexually harass them.”

Fighting illegal discrimination in housing is a top priority of the Department of Justice and the Civil Rights Unit of the U.S. Attorney’s Office for the Eastern District of Michigan. In 2018, the Department of Justice began the Sexual Harassment in Housing Initiative as an effort to combat sexual harassment in housing.  The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Individuals who believe they have been a victim of housing discrimination can call the U. S. Attorney’s Office Civil Rights Hotline at 313.226.9151 or by sending an email to usamie.civilrights@usdoj.gov. 

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2010 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit https://www.justice.gov/usao-edmi/programs/civil-rights.

            Montgomery, Ala. –    Today, Acting United States Attorney Sandra J. Stewart announced that a Montgomery, Alabama man has been sentenced for failing to report back after his work release assignment and running his car into a U.S. Marshals’ vehicle during his arrest. On July 22, 2021, 29-year-old D’Anthony Marquez Dillard was sentenced to 27 months in prison for escaping from federal custody. Following Dillard’s prison sentence, he will serve three years of supervised release. There is no parole in the federal system.

            According to court records, in February of 2016 Dillard was sentenced for being a felon in possession of a firearm and was placed in Bureau of Prisons custody to serve out his term of imprisonment. In June of 2020, Dillard was transferred to a halfway house in Montgomery to complete his sentence where he was allowed to work during the day, then return to the facility in the evening. On September 12, 2020, Dillard failed to report back as required and an arrest warrant was issued for him. On October 15, 2020, the U.S. Marshals Service received a tip concerning Dillard’s location and went to execute the warrant. When Marshals arrived, they spotted Dillard at a gas station in the driver’s seat of a vehicle. The Marshals surrounded Dillard’s vehicle with their own to block him in and prevent escape. Dillard placed his car in reverse and struck the law enforcement vehicle behind him, but quickly gave up when the other vehicles closed in to prevent further movement. Fortunately, no injuries were sustained and there was minimal property damage.

            This case was investigated by the United States Marshals Service. Assistant United States Attorneys Joel Feil and Joshua Wendell prosecuted the case.  

A Pennsylvania man was arrested yesterday for crimes related to the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

Samuel Lazar, 35, of Ephrata, is charged with federal offenses that include assaulting, resisting or impeding certain officers and obstruction of law enforcement during civil disorder, among other charges. Lazar will make his initial court appearance today at 1:30 p.m. in the Eastern District of Pennsylvania.

According to court documents, Lazar was at the U.S. Capitol on Jan. 6 dressed in tactical gear, protective goggles and camouflage face paint. As depicted in open source video, Lazar approached a line of police barricades on the west front of the U.S. Capitol where he aimed a cannister of what appeared to be a chemical irritant in the direction of U.S. Capitol Police (USCP) and Metropolitan Police Department (MPD) officers. As depicted in MPD body-worn camera (BWC) footage, Lazar walked along a police line around 1:13 p.m. and grabbed a bike rack, in an apparent attempt to remove it, while discharging a chemical irritant from the cannister in his other hand.

Lazar was told to get back and police deployed a chemical irritant causing Lazar to retreat down the steps. Lazar then turned to face an officer and redeployed his chemical irritant, causing another officer to lose the ability to see. An open source video depicts Lazar, purportedly at 4:30 p.m., stating, “They maced us, those tyrannical pieces of s***, and we maced them right the f*** back and now they’re taking the building.”

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 Eastern District of Pennsylvania.

The case is being investigated by the FBI’s Washington Field Office, which identified Lazar as #275 in its seeking information photos, as well as the Metropolitan Police Department, with significant assistance provided by the U.S. Capitol Police and FBI’s Philadelphia Field Office.

In the six months since Jan. 6, more than 535 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 165 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 two Tampa, Florida men were sentenced today by U.S. Judge Pamela A. Barker for operating a “Grandparent Scam” that targeted elderly victims in the Northern District of Ohio and elsewhere and caused victims a combined total loss of $383,932.

John Tyler Pla, 25, was sentenced to 37 months imprisonment, and Johnny Lee Palmer, 26, was sentenced to 33 months imprisonment.  Both Pla and Palmer were also ordered to pay restitution in the amount of $383,932 to their victims.  Pla and Palmer both previously pleaded guilty to conspiracy to commit wire fraud and wire fraud.

According to court records, from July 20, 2020, to August 28, 2020, Pla and Palmer orchestrated a “Grandparent Scam” that targeted elderly victims in Northern Ohio cities, including Brecksville, Parma, Gates Mills, Lorain, Mansfield, Fairview Park, Westlake and Mentor.

Other members of the scheme would call elderly victims pretending to be a relative or an attorney for that relative and claim that the family member had been arrested and, as a result, required money for bail.  A member of the scheme would then arrange with the victim to collect the money through a purported “courier.”  Instead, Pla or Palmer would travel to the victim’s residence and collect the money. 

The investigation was conducted by the Cleveland Division of the FBI and the Westlake Police Department.  This case was prosecuted by Assistant U.S. Attorney Brian McDonough.       

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

Memphis, TN – Shane Sonderman, 20, of Lauderdale County has been sentenced to sixty months in federal prison for participating in a group whose swatting call led to the death of a grandfather in Sumner County, Tennessee, last April. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.

According to information presented in court, from at least July 2018 through May 2020, Sonderman conspired with others throughout the United States and other countries to extort the holders of unique Instagram and Twitter handles by "swatting" them—a harassment technique that involves deceiving emergency services dispatchers into sending police and emergency SWAT or response teams to the unwitting third party’s residential address when no actual emergency exists. Sonderman and his coconspirators did this to extort their targets into giving up control of their social media identifiers or "handles" so they could be sold to others. The group also sent harassing text messages and ordered unpaid-for food to be delivered to their targets’ homes.

On April 27, 2020, SWAT teams were called to the Sumner County, Tennessee, residence of Mark Herring, the holder of the Twitter handle @Tennessee. The caller alleged that he had shot a woman in the head there, and she was dead. First responders arrived and found Herring on his porch and with guns drawn, ordered him to approach with his hands in the air. Herring suffered a fatal heart attack before anyone on the scene knew the call was a hoax. Sonderman obtained personal information about Herring and his family and posted those details to a chat platform online where one of his coconspirators could go to obtain it and use the information to place a plausible call to emergency services.

Another victim, a resident of Oregon, was tormented when emergency services were sent to the Ohio residence of her parents and she subsequently received anonymous text messages on her phone that read "did your parent’s (sic) enjoy the firetrucks?" and "i (sic) plan on killing your parents next if you do not hand the username on instagram over to me." Desirable handles can be sold for thousands of dollars.

Many law enforcement agencies around the country participated in this investigation, including the FBI Field Offices in Memphis, Tennessee, and Akron, Ohio, the Los Angeles Police Department, and the Sumner County (Tennessee) Sheriff’s Office.

Assistant U.S. Attorney Debra Ireland prosecuted this case on behalf of the government.

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            WASHINGTON –Nyekemia Everett, 35, of Greenbelt, Md., and Malik Hewitt, 41, of Capitol Heights, Md., have been found guilty of first-degree felony murder while armed and other charges in the 2017 killing of a man in Southeast Washington.

            The announcement was made by Acting U.S. Attorney Channing D. Phillips and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD). The verdict was returned on July 26, 2021, following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the defendants were found guilty of conspiracy, attempted robbery while armed, and related offenses. The Honorable Neal E. Kravitz scheduled sentencing for Oct. 14, 2021. Both men face a maximum sentence of life in prison.

            According to the government’s evidence, beginning on April 26, 2017, Everett, Hewitt, and a third individual plotted to rob the victim, Christopher Heard. Over the phone, they lured him to the 2300 block of Ainger Place SE, on the pretense of a drug deal. At approximately 3:30 a.m. on April 27, 2017, Everett, Hewitt and the third individual drove together to the area and parked. In the meeting that followed, roughly 15 minutes later, Everett pointed a gun at Mr. Heard and announced a robbery. Mr. Heard lunged toward Everett, who shot him twice. Mr. Heard, 37, died at the scene. Everett and Hewitt fled the area and were arrested in May 2017.

            In announcing the verdict, Acting U.S. Attorney Phillips and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the FBI, Bode Technology, and the crime scene search unit from the District of Columbia Department of Forensic Services. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Alyse Constantinide and Richard Barker; Paralegal Specialists Lornce Applewhite, Debra Forte, and Nicole McGhee; Victim Witness Specialist Jennifer Allen; Robert Cephas, La June Thames, Katina Adams-Washington, M. LaVerne Perry, Lesley Slade, and Maenylie Watson, all of the Victim Witness Assistance Unit; Supervisory Litigation Technology Specialist Leif Hickling, and Homicide Section Intern Jack Holt.

            Finally, they commended the work of Assistant U.S. Attorneys Michael Liebman and Shehzad Akhtar, who prosecuted the case.

MINNEAPOLIS – A Minneapolis man has been taken into federal custody and charged with being a felon in possession of a firearm and ammunition, announced Acting U.S. Attorney W. Anders Folk.

According to court documents, in July 2021, law enforcement officers obtained a search warrant for a Minneapolis residence belonging to Nicholas Robert Briski-Smith, 25, who had “probable cause pickup” warrants for two recent alleged felony assaults, one of which involved a shooting, and multiple outstanding warrants. While conducting surveillance in preparation for the execution of the search warrant, officers observed Briski-Smith exit his residence and drive away in a stolen vehicle. Officers followed Briski-Smith to a nearby corner store where they took him into custody. Following the arrest, officers recovered a loaded Stevens Arms 12-gauge short-barreled shotgun that was affixed to Briski-Smith's chest. During the search of Briski-Smith’s residence, officers recovered a Marlin, semiautomatic, .22-caliber rifle with a modified barrel and additional rounds of ammunition. Because Briski-Smith has prior felony convictions, he is prohibited under federal law from possessing firearms or ammunition at any time.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Minneapolis Police Department.

Assistant U.S. Attorney Benjamin Bejar is prosecuting the case.

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

ALBANY, NEW YORK – Dewey K. Sims, age 32, of Albany, pled guilty today to illegally possessing a .25 caliber pistol as a felon.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of his plea, Sims admitted that on March 7, 2020, he possessed a loaded .25 caliber pistol on his person when he was pulled over for a speeding violation in the Town of Colonie.  A prior felony conviction for armed robbery prevented Sims from legally possessing the firearm in New York. 

Sims faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on November 30, 2021 by United States District Judge Mae A. D’Agostino. 

A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the ATF and the Colonie Police Department.  This case is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.

This case is part of Project Safe Neighborhoods (PSN), 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.

BRUNSWICK, GA:  A former inmate at the Camden County Detention Facility has been sentenced to 20 years in federal prison for providing the drugs resulting in another inmate’s death by overdose.

Joshua Swing, 36, of Kingsland, Ga., was sentenced to 240 months in prison after pleading guilty to Distribution of Fentanyl, said Acting U.S. Attorney David H. Estes. U.S. District Court Judge Lisa Godbey Wood also ordered Swing to pay $12,919.52 in restitution to the family of the victim, and to serve three years of supervised release after completion of his prison sentence. There is no parole in the federal system.

“Overdose deaths in the United States reached an all-time high in the past year, as fentanyl continues to be a growing, deadly threat to users of illicit drugs – particularly highly addictive opioids,” said Acting U.S. Attorney Estes. “It’s especially alarming when this dangerous drug penetrates even inside secure jail walls, in this case killing an inmate who thought he was ingesting heroin.”

The investigation of the case, conducted by the Lowndes County Sheriff’s Office as an outside agency at the request of the Camden County Sheriff’s Office, began May 17, 2020, when an inmate at the Camden County Detention Facility identified as J.D. was found unresponsive in his cell. He later died, and a subsequent autopsy determined acute fentanyl toxicity as the cause of death. After interviews of other inmates and review of security camera footage, investigators determined Swing sold the fentanyl to J.D.

In his guilty plea, Swing admitted providing the fentanyl to J.D., and agreed to pay restitution to the victim’s family in the amount of J.D.’s funeral expenses. Swing has an extensive criminal record with prior felony drug convictions in state court, and just five days before J.D.’s death Swing had been booked into the Camden County Jail after being arrested on a state charge of possession of a firearm by a convicted felon.

The case was investigated by the Lowndes County Sheriff’s Office and prosecuted for the United States by Assistant U.S. Attorneys Matthew Josephson and E. Greg Gilluly Jr.

Proceeds from the Sale Will be Applied to Forfeiture Money Judgment Against Shkreli

United States Sells Unique Wu-Tang Clan Album Forfeited by Convicted Hedge Fund Manager Martin Shkreli

Earlier today, the United States sold the sole copy of the Wu-Tang Clan album “Once Upon a Time in Shaolin” (the “Album”) which had previously been ordered to be forfeited as a substitute asset in connection with the approximately $7.4 million forfeiture money judgment (Forfeiture Money Judgment) entered against Shkreli at his March 2018 sentencing.  Proceeds from the sale of the Album will be applied to satisfy the outstanding balance owed on the Forfeiture Money Judgment.  The contract of sale contains a confidentiality provision that protects information relating to the buyer and price.

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

“Through the diligent and persistent efforts of this Office and its law enforcement partners, Shkreli has been held accountable and paid the price for lying and stealing from investors to enrich himself.  With today’s sale of this one-of-a-kind album, his payment of the forfeiture is now complete,” stated Acting U.S. Attorney Kasulis.  Ms. Kasulis acknowledged the significant efforts of the U.S. Marshals Service and, in particular, the work of the U.S. Marshals Service’s Office of General Counsel and the Complex Asset Unit of the agency’s Asset Forfeiture Division, as well as assistance provided by the Department of Justice’s Civil Division, Commercial Litigation Branch.

Shkreli was the founder and managing member of hedge funds MSMB Capital Management LP and MSMB Healthcare Management LP and the former Chief Executive Officer of Retrophin Inc. (“Retrophin”), a publicly traded biopharmaceutical company.  Following a six-week trial in federal court in Brooklyn, Shkreli was convicted in August 2017 of two counts of securities fraud and one count of securities fraud conspiracy for orchestrating a series of schemes to defraud investors in the hedge funds and to manipulate the price and trading volume of Retrophin’s stock.  United States District Judge Kiyo A. Matsumoto sentenced Shkreli to seven years’ imprisonment, to be followed by three years’ supervised release, and ordered him to pay the Forfeiture Money Judgment, approximately $388,000 in restitution and a $75,000 fine.  Judge Matsumoto also ordered Shkreli to forfeit the Album and other substitute assets to satisfy the Forfeiture Judgment. 

Shkreli’s conviction and sentence, including the imposition of the Forfeiture Money Judgment, were affirmed by the U.S. Court of Appeals for the Second Circuit in July 2019.  Following the U.S. Supreme Court’s denial of Shkreli’s request for further review of his conviction and sentence, the government seized the Album and other assets owed by Shkreli.   

At the time Shkreli purchased the Album in 2015, it was marketed as “both a work of art and an audio artifact.”  The Album includes a hand-carved nickel-silver box as well as a leather-bound manuscript containing lyrics and a certificate of authenticity.  The Album is subject to various restrictions, including those relating to the duplication of its sound recordings. In September 2017, just weeks after his conviction but before the district court-imposed forfeiture, Shkreli attempted to sell the Album through an on-line auction.

Forfeiture matters related to Shkreli’s sentence were handled by Assistant United States Attorneys Laura D. Mantell and Claire S. Kedeshian of the newly formed Asset Recovery Section in the Office’s Criminal Division.  Acting U.S. Attorney Kasulis and Assistant United States Attorneys Alixandra E. Smith and G. Karthik Srinivasan (now an Assistant United States Attorney in the Western District of Texas) were in charge of the prosecution of Shkreli, and defended his conviction and sentence on appeal.

Tacoma – A 52-year-old Tacoma man pleaded guilty today in U.S. District Court in Tacoma to second degree murder and being a felon in possession of a firearm, announced Acting U.S. Attorney Tessa M. Gorman.  Bobbie Anson Pease admits that in September 2018, he used a baseball bat and gun to murder a 34-year-old woman on federal land, part of Joint Base Lewis-McChord (JBLM).   Prosecutors and defense attorneys have agreed to recommend a 26-year prison term when Pease is sentenced by U.S. District Judge Robert J. Bryan on October 22, 2021.

According to the plea agreement, Pease was sharing a house with the victim, her daughter, co-defendant Jeremy Warren and others in August and September 2018.  On September 4, 2018, the victim asked Pease and Warren for a ride to a Spanaway convenience store.  The men had a pistol and an aluminum baseball bat in the car.  After going to the store, Pease drove the victim and Warren to a wooded area nearby, claiming he wanted to do some target shooting.  At the wooded area, which was an undeveloped plot of federal land outside the fenced boundaries of JBLM, the men confronted the victims about items they accused her of stealing – a drug pipe and pocket-knife.  The men beat the victim with the bat causing significant head injuries and broken bones.  Then Pease took the pistol and fired three shots into the victim’s head, killing her instantly.  The men left the body in the wooded area and disposed of the bat and the gun at various locations in the Tacoma and Spanaway area.  The gun was ultimately recovered from the Puyallup River. The two made calls to the police attempting to mislead them during the investigation by claiming the victim has left the convenience store with someone else and moved out of state.  On September 13, 2018, the victim’s body was discovered by railroad workers.  Pease and Warren were arrested in late October 2018 after they had relocated to Forks, Washington, to avoid authorities.

Pease has a lengthy criminal history dating back to 1991 in Washington State including: Assault and attempting to elude (Pierce County 2013); Escape (Jefferson County 2003); robbery with a deadly weapon enhancement (Pierce County 2003); witness tampering (Thurston County 2003); theft and attempting to elude (Pierce County 1999); car theft (Thurston County 1999); burglary (Pierce County 1992) and possession of stolen property (Pierce County 1991).  The convictions mean Pease could not legally possess a firearm.

The investigation is being led by the FBI with assistance from the Tacoma Police Department.  The case is being prosecuted by Assistant United Sates Attorneys Grady Leupold.

OKLAHOMA CITY – Yesterday, GUY WESLEY WHITE, 53, of Edmond, was sentenced to serve 36 months in federal prison for possessing a firearm after being convicted of a misdemeanor crime of domestic violence, announced Acting U.S. Attorney Robert J. Troester.

Public record reflects that in January 2020, law enforcement were investigating a domestic violence incident involving White and his juvenile daughter.  During the investigation, law enforcement learned White possessed a firearm during the domestic violence incident in which he physically assaulted his daughter.  In October 2020, a federal grand jury returned a one-count Indictment against White for possession of a firearm after a previous conviction for a misdemeanor crime of domestic violence.  Federal law prohibits a person who has previously been convicted of a misdemeanor crime of domestic violence from possessing a firearm.  On December 9, 2020, White pled guilty to the Indictment.

Yesterday, Chief U.S. District Judge Timothy D. DeGiusti sentenced White to serve 36 months in federal prison, followed by three years of supervised release.  Chief Judge DeGiusti also ordered White to pay a fine of $6,697.00.  Judge DiGiusti ordered White’s sentence to run consecutively to White’s related five-year sentence for child abuse in Oklahoma County Case CF-2020-570.  Evidence presented at sentencing indicated White was a former elite collegiate wrestler in Oklahoma.  In imposing the sentence, the Court specifically noted White’s abuse of his daughter and his history of domestic violence.

This case is the result of investigations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Edmond Police Department. Assistant United States Attorney Wilson D. McGarry prosecuted the case.

This case is part of "Operation 922," the Western District of Oklahoma’s implementation of Project Safe Neighborhood, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  "Operation 922" prioritizes prosecution of federal crimes connected to domestic violence.

Reference is made to court filings for further information.