NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that, on October 19, 2021, DUVELL LONDON, JR., 41, of St. Rose, La., and JEREMY LEVANDA, age 40, of Destrehan, La., pled guilty to conspiracy to distribute and possess with intent to distribute fentanyl, powder cocaine, and crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 841(b)(1)(C), and 846. LONDON further pled guilty to 4 counts of distribution of controlled substances, 3 counts of possession with intent to distribute controlled substances, and 4 counts of use of a telephone in furtherance of a drug trafficking crime. LEVANDA further pled guilty to one count of possession with intent to distribute controlled substances, and one count of use of a telephone in furtherance of a drug trafficking crime.

According to court documents, LONDON, LEVANDA, and others, distributed significant quantities of fentanyl, powder cocaine, and crack cocaine in St Charles Parish and surrounding areas during the summer of 2020.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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FRESNO, Calif. — Alena Nicole George, 43, of Fresno, pleaded guilty today to access device fraud, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, from February through April 2019, George used a credit card that was fraudulently opened in the identity of a victim with a name similar to her own name to make $100,000 in purchases at national retailers and cash advances at a national bank.

This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Postal Inspection Service. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton are prosecuting the case.

George is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Jan. 21, 2022. George faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

ALBANY, NEW YORK – Hugo Hernandez, age 34, of Miami Lakes, Florida, pled guilty today to a superseding indictment charging him with being part of access device fraud and money laundering conspiracies for his roles in a nationwide gas station skimming scheme that involved stealing banking and personal information of residents in and around the Northern District of New York, as well as multiple other parts of the country, who used the “pay at the pump” feature to make gasoline purchases.

The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Inspector in Charge Ketty Larco-Ward, Boston Division, United States Postal Inspection Service (USPIS).

As part of his guilty plea, Hernandez admitted that between December 2015 and July 2019,  he conspired with others to commit access device fraud by building skimming devices designed to steal gas station customer information, installing those devices inside gas pumps in Albany, Broome, and Montgomery Counties, and elsewhere, and then using the information collected by those devices to create fake credit and debit cards. The fake cards were used to obtain money orders, gift cards, cash, and other things of value.

Hernandez also admitted to being part of a conspiracy to launder funds obtained through the access device fraud conspiracy, and, in facilitating that conspiracy, causing at least 162 money orders, worth $173,257, to be deposited into a bank account he controlled. As part of his plea agreement, Hernandez agreed to be subject to a forfeiture money judgment in the amount of $173,257.

A sentencing hearing is set to take place on March 1, 2022, before Senior United States District Judge Gary L. Sharpe. Hernandez faces up to 20 years in prison; a fine of up to $500,000 or twice the value of the property involved in the transaction, whichever is greater; and up to 3 years of supervised release. 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 FBI Albany Field Office and USPIS Boston Division, with assistance from the FBI Field Offices in Miami, Pittsburgh, and San Juan, the USPIS Miami Division, the United States Secret Service Miami Field Office, as well as the New York State Department of Agriculture, Division of Weights and Measures. The case is being prosecuted by Assistant U.S. Attorneys Rick Belliss and Emily C. Powers.

SYRACUSE, NEW YORK – Anulfo Fernandez, age 42, of Utica, New York, pled guilty today to possessing and intending to distribute heroin in the Utica area in 2019, announced United States Attorney Carla B. Freedman and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.

As part of his guilty plea, Fernandez admitted that in 2019, he repeatedly sold heroin, and that those sales totaled more than one kilogram.  Fernandez further admitted that he stored and packaged his drugs at a vacant apartment in Utica, and that on December 11, 2019, he had nearly 400 grams of heroin at that location, which he intended to sell.  Sentencing is scheduled for March 1, 2022 in Syracuse.  At sentencing, Fernandez faces a prison term of at least 5 and up to 40 years, a fine of up to $5 million, and a term of supervised release following incarceration of between 4 years and life.

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 DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, the New York State Police, the Oneida County Sheriff’s Office and the Utica Police Department, and is being prosecuted by Assistants U.S. Attorney Nicolas Commandeur and Matthew McCrobie.

SYRACUSE, NEW YORK - Daniel J. Borg, age 43, of Watertown, New York, was sentenced today to serve 155 months (12 years and 11 months) in federal prison for his convictions for possession of controlled substances (heroin/fentanyl and eutylone) with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, possession of a sawed-off shotgun, and possession of a firearm by a convicted felon, announced United States Attorney Carla B. Freedman,  John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Jefferson County District Attorney Kristyna Mills.

As part of his previous guilty plea, Daniel J. Borg admitted that on January 21, 2021 he was in possession of 305 grams of eutylone as well as 30 separate bags of a heroin/fentanyl mixture in an Audi automobile that he parked at a self-storage area in Watertown where he leased a unit. Detectives from the Metro-Jefferson Drug Task Force (Met-Jeff) surveilled Borg as he was about to enter his locked storage unit. After taking Borg into custody and recovering the drugs from the Audi, Met-Jeff Detectives obtained Borg’s consent to search his locked storage unit. Inside the storage unit Met-Jeff Detectives located a safe containing 500 separate small plastic bags, each holding a small quantity of a heroin/fentanyl mixture. Also recovered from the storage unit was a sawed-off .410-gauge shotgun illegally possessed by Borg, who was previously convicted of five (5) prior felony offenses.   

In imposing sentence today, Senior District Judge Frederick J. Scullin, Jr. ordered Borg to serve 95 months for his possession with intent to distribute controlled substances, and a consecutive sentence of 60 months for his possession of the sawed-off shotgun in furtherance of a drug trafficking crime, with concurrent sentences for possession of the firearm as a convicted felon and possession of an unregistered short-barreled shotgun.  

This case was investigated by United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Metro-Jefferson Drug Task Force, consisting of Detectives from the City of Watertown Police Department, Detectives from the Jefferson County Sheriff’s Office, Investigators from the Jefferson County District Attorney’s Office, Agents of the United States Border Patrol, and Special Agents from the United States Department of Homeland Security-Homeland Security Investigations (HSI), and was prosecuted by Assistant U.S. Attorney Richard Southwick.

Tampa, Florida – A federal jury has found Keon Moore (29, Tampa) guilty of possessing a firearm or ammunition as a convicted felon and possessing controlled substances with the intent to distribute them. Moore faces a minimum mandatory penalty of 5 years, and up to, 40 years in federal prison. His sentencing hearing is scheduled for January 6, 2022.

Moore had been indicted on June 4, 2020.

According to testimony and evidence presented at trial, Moore is a convicted felon who stored guns and drugs for use by himself and others, sold guns and drugs, and threatened violence to collect drug debts. In one of Moore’s private Facebook communications, a person to whom Moore provided drugs on consignment, but who failed to pay on time, begged Moore not to kill him via drive-by shooting over the $90 he owed.

The charges and trial revolved around a Public Storage unit rented by Moore, but used by at least one other adult male. After a drug-detecting dog alerted to Moore’s unit, law enforcement officers executed a search warrant of the unit. Inside the otherwise empty 50 square-foot unit, officers found seven guns, including two assault rifles; ammunition; approximately 45 grams of pure methamphetamine; 34 grams of cocaine, 53 grams of Eutylone, and 1.6 kilograms of marijuana, among other drugs; and a clothing item containing Moore’s DNA.

Moore is a previously convicted felon, including multiple state burglary and drug possession convictions. As such, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the FBI, the Hillsborough County Sheriff’s Office, the Florida Department of Law Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Michael M. Gordon.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.

OKLAHOMA CITY – As part of Domestic Violence Awareness Month, Acting U.S. Attorney Robert J. Troester highlights the success of "Operation 922," which specifically targets domestic violence abusers for federal prosecution in western Oklahoma. Operation 922 was initiated by the United States Attorney’s Office for the Western District of Oklahoma in March of 2018 as part of the Justice Department’s Project Safe Neighborhoods initiative.  Through Operation 922, state and tribal police departments and District Attorneys throughout the Western District of Oklahoma have direct access to federal prosecutors who review domestic violence-related cases for those that warrant federal prosecution.  

"We cannot have safe neighborhoods without first having safe homes," said Acting U.S. Attorney Troester.  "By bringing the power of federal prosecution to hold domestic abusers accountable, particularly when that abuser is in possession of a firearm, we are saving the lives of the women and children who are victims of the abuse, and the police officers who respond to domestic calls.  We are proud to partner with the police officers, prosecutors, and non-profit entities working each day to combat the epidemic of domestic violence in Oklahoma." 

"Palomar is proud to partner with the U.S. Attorney’s Office on Operation 922," said Palomar CEO and Founder Kim Garrett.  "This innovative and coordinated partnership says to survivors, 'you have the full weight of the OKC metro behind you.'  For the offenders out there, our holistic approach means that you have the full weight of the OKC metro seeking to ensure you’re held accountable, and you don’t hurt anyone else."

"ATF is committed to fighting all violent crime in Oklahoma.  At the forefront of violent crime is domestic violence. Firearms, violence, and the home are ingredients for tragedy.  Together with our partners, ATF will do everything we can to stop the cycle of domestic abuse," said ATF Dallas Special Agent in Charge Jeffrey C. Boshek II.

Oklahoma City Police Chief Wade Gourley said, "The Oklahoma City Police Department is grateful for our partnership with the U.S. Attorney’s Office, that helps us hold domestic abusers accountable for their actions. We all have the same goal of combating domestic violence. Operation 922 helps us do just that by being able to federally prosecute those abusers."

The Problem

Domestic violence is not limited to specific geographic areas but exists in all neighborhoods (wealthy and poor) and in all communities (metropolitan and rural). When the most violent members of any community use firearms during acts of domestic violence, the odds that the abuse victims and responding officers could be injured or killed increase tremendously.

The Operation 922 Strategy

The Operation 922 strategy brings law enforcement and prosecutors together with common purpose and clear direction – uniting resources for the purpose of holding domestic abusers accountable.  As part of this strategy, Operation 922 prioritizes prosecutions of federal firearms offenses that arise in domestic violence settings.  In other words, when police officers respond to domestic violence calls, state and federal prosecutors work closely with investigating officers to determine whether firearms charges or other federal charges are applicable to the offenses committed.  Common federal charges include illegal possession of a firearm or ammunition by a person (1) previously convicted of a felony offense, (2) previously convicted of a misdemeanor crime of domestic violence, or (3) subject to an active Victim Protective Order.  Prosecutors have also charged domestic abusers with several other federal offenses applicable to persons prohibited from carrying firearms, including possession of a firearm by a person under indictment, drug user in possession of a firearm, and making false statements to federally licensed firearms dealers to buy a firearm.

Given the focus on the violent propensity of the abuser, federal prosecutors often seek the defendant’s pre-trial detention after arrest, in part to limit the abuser’s ability to return to the home and exert control and intimidation over victim(s) while trial is pending.  The objective of Operation 922 is to stop repeated violence by domestic abusers through enforcement of federal law in domestic violence-derived cases.  In addition, both federal and state prevention and re-entry programs can be utilized for lasting reductions in crime.

The Partnerships

Operation 922 is a collaboration of law enforcement and prosecutor partners that include the United States Attorney’s Office, Oklahoma County District Attorney’s Office, Bureau of Alcohol Tobacco Firearms and Explosives, U.S. Marshals Service, Oklahoma City Police Department, Midwest City Police Department, Del City Police Department, Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, the Oklahoma County Sheriff’s Office, and other state, local, and tribal law enforcement agencies in the Western District of Oklahoma. Operation 922 continues to expand to other communities in western Oklahoma, and the U.S. Attorney’s Office conducts regular training sessions to inform local law enforcement on elements of federal offenses. 

From the beginning, Operation 922 has maintained a pivotal partnership with Palomar, Oklahoma City’s Family Justice Center.  Palomar brings together multi-disciplinary resources under one roof to meet the specific and multiple areas of need experienced by the victims of domestic abuse. 

Recently, the Operation 922 collaboration has expanded to include the District Attorney’s Office for District 4 (Blaine, Canadian, Garfield, Grant, and Kingfisher Counties), Canadian County Sheriff’s Office, El Reno Police Department, Yukon Police Department, and Cardinal Point, the new Family Justice Center in El Reno.

The Success and Examples

Since March of 2018, Operation 922 has resulted in federal charges for 167 separate individuals, in domestic violence-derived cases, committed in 20 different counties in the Western District of Oklahoma. Of those, 153 have already been convicted or have pled guilty, with the remaining cases still pending.  At this time, 122 defendants have been sentenced by federal judges to serve, on average, nearly 75 months in federal prison. Of the 167 defendants charged, 33% are known gang members.  From these defendants, a total of 236 firearms and 3,566 rounds of ammunition have been seized.

The following press releases over the past three years are examples that demonstrate the violent conduct of the abusers and the breadth of Operation 922’s impact:

1. "Operation 922" Results in Four Federal Indictments Related to Domestic Violence - https://www.justice.gov/usao-wdok/pr/operation-922-results-four-federal-indictments-related-domestic-violence(December 20, 2018)

2. Jury Returns Carjacking Conviction / Carjacking Conviction Results in Forty Years in Prison - https://www.justice.gov/usao-wdok/pr/jury-returns-carjacking-conviction (September 2, 2018); https://www.justice.gov/usao-wdok/pr/carjacking-conviction-results-forty-years-prison (April 23, 2019)

3. Four Defendants Sentenced to 188 Months in Federal Prison in Separate Domestic Violence Related Cases - https://www.justice.gov/usao-wdok/pr/operation-922  (May 31, 2019)

4. Seiling Man Sentenced to Five Years for Domestic Violence in Indian Country - https://www.justice.gov/usao-wdok/pr/seiling-man-sentenced-five-years-domestic-violence-indian-country (September 20, 2019)

5. Juries Return Convictions in Two Separate “Operation 922” Domestic-Violence Gun Trials - https://www.justice.gov/usao-wdok/pr/juries-return-convictions-two-separate-operation-922-domestic-violence-gun-trials(October 11, 2019)

6. Firearm Violation Results in Prison Sentence of More Than Nine Years - https://www.justice.gov/usao-wdok/pr/firearm-violation-results-prison-sentence-more-nine-years-0(December 9, 2019)

7. Domestic Altercation Involving Firearm Leads to Ten-Year Sentence - https://www.justice.gov/usao-wdok/pr/domestic-altercation-involving-firearm-leads-ten-year-sentence (December 18, 2019)

8. Oklahoma City Man to Serve 108 Months for Possessing a Firearm After a Prior Felony Conviction - https://www.justice.gov/usao-wdok/pr/oklahoma-city-man-serve-108-months-possessing-firearm-after-prior-felony-conviction(March 18, 2020)

9. Convicted Felon Sentenced to a Decade in Prison for Firearm Possession Discovered Following a Domestic Violence Call - https://www.justice.gov/usao-wdok/pr/convicted-felon-sentenced-decade-prison-firearm-possession-discovered-following(April 30, 2020)

10. Felon Sentenced to More Than a Decade in Federal Prison for Dealing Heroin While Discharging a Firearm - https://www.justice.gov/usao-wdok/pr/felon-sentenced-more-decade-federal-prison-dealing-heroin-while-discharging-firearm(July 23, 2020)

11. Lawton Man Sentenced to Serve a Decade in Federal Prison for Shooting During Road Rage Incident - https://www.justice.gov/usao-wdok/pr/lawton-man-sentenced-serve-decade-federal-prison-shooting-during-road-rage-incident(October 30, 2020)

12. Oklahoma City Attorney Sentenced to Serve 24 Months in Federal Prison for Possessing a Firearm While Subject to Victim Protective Order - https://www.justice.gov/usao-wdok/pr/oklahoma-city-attorney-sentenced-serve-24-months-federal-prison-possessing-firearm(March 23, 2021)

13. Oklahoma City Man Sentenced to Serve 36 Months in Federal Prison for Possessing a Firearm While Using Illegal Substance - https://www.justice.gov/usao-wdok/pr/oklahoma-city-man-sentenced-serve-36-months-federal-prison-possessing-firearm-while(April 2, 2021)

14. Five Additional Defendants Charged as Part of “Operation 922” - https://www.justice.gov/usao-wdok/pr/third-anniversary-operation-922-sees-149-defendants-charged-federal-crimes-domestic(April 9, 2021)

15. Federal Jury Convicts Oklahoma City Man for Possession of Ammunition and Witness Tampering - https://www.justice.gov/usao-wdok/pr/federal-jury-convicts-oklahoma-city-man-possession-ammunition-and-witness-tampering(May 4, 2021)

16. Shawnee Man Sentenced to Serve 78 Months in Federal Prison for Illegal Possession of Ammunition After Being Convicted of Felonies - https://www.justice.gov/usao-wdok/pr/shawnee-man-sentenced-serve-78-months-federal-prison-illegal-possession-ammunition(May 19, 2021)

17. Oklahoma City Man Sentenced to Serve Ten Years in Federal Prison for Illegal Possession of a Firearm After Being Convicted of Felonies - https://www.justice.gov/usao-wdok/pr/oklahoma-city-man-sentenced-serve-ten-years-federal-prison-illegal-possession-firearm(May 27, 2021)

18. Oklahoma City Man Sentenced to Serve More Than Six Years in Federal Prison for Illegal Possession of a Firearm - https://www.justice.gov/usao-wdok/pr/oklahoma-city-man-sentenced-serve-more-six-years-federal-prison-illegal-possession(June 30, 2021)

19. Wellston Man Pleads Guilty to Lying on a Federal ATF Record to Purchase a Firearm from Licensed Gun Dealer -https://www.justice.gov/usao-wdok/pr/wellston-man-pleads-guilty-lying-federal-atf-record-purchase-firearm-licensed-gun(July 8, 2021)

20. Convicted Felon Sentenced to Serve Twelve Years in Federal Prison for Drug Dealing and Firearm Possession - https://www.justice.gov/usao-wdok/pr/convicted-felon-sentenced-serve-twelve-years-federal-prison-drug-dealing-and-firearm(July 17, 2021)

21. Former Collegiate Wrestler Sentenced to Serve 36 Months in Federal Prison for Firearm Offense - https://www.justice.gov/usao-wdok/pr/former-collegiate-wrestler-sentenced-serve-36-months-federal-prison-firearm-offense(July 27, 2021)

22. Federal Jury Convicts Oklahoma City Man of Illegal Possession of Firearm after Previous Domestic Abuse Convictions - https://www.justice.gov/usao-wdok/pr/federal-jury-convicts-oklahoma-city-man-illegal-possession-firearm-after-previous(August 13, 2021)

23. Domestic Abuse Call Results in Six-Year Prison Sentence for Oklahoma City Man Found in Illegal Possession of Ammunition After Previous Felony Convictions - https://www.justice.gov/usao-wdok/pr/domestic-abuse-call-results-six-year-prison-sentence-oklahoma-city-man-found-illegal(August 18, 2021)

24. Domestic Disturbance Call Results in Oklahoma City Man Being Sentenced to Serve More Than 15 Years in Federal Prison for Illegal Possession of Firearms - https://www.justice.gov/usao-wdok/pr/domestic-disturbance-call-results-oklahoma-city-man-being-sentenced-serve-more-15-years(September 2, 2021)

          For more information about Operation 922, please contact the U.S. Attorney’s Office at (405) 553-8999.

ST. LOUIS – This week the Drug Enforcement Administration, United States Marshals Service, and United States Postal Inspection Service arrested 17 people in Missouri, Arizona, California, and Mexico linked to an organized multi-state drug trafficking conspiracy.

According to the previously sealed sixteen count indictment, returned on October 13, 2021, this was a long-running drug distribution conspiracy operating in the Eastern District of Missouri and with ties to California, Arizona, and Texas.  According to a court document, law enforcement officers seized items including:  (1) approximately 50 pounds of fentanyl; (2) 500 pounds of methamphetamine; (3) 50 firearms; and (4) more than $400,000 in drug proceeds.  The conspiracy included the mailing and shipping of packages containing large amounts of the illegal drugs to be distributed in the St. Louis area and other cities in the United States.  Three defendants are also charged with firearms violations.  Among the defendants indicted in this case are: 

Stephen Griffin: M, St. Louis, 27

Kenny Thomas: M, St. Louis, arrested in Mexico, 38

Raymundo Deleon: M, in custody in Los Angeles, 40

Kyanna Canales: F, arrested in Phoenix, 19

Ariel Navarez-Gonzalez: M, arrested in Phoenix, 20

Troy Mills: M, St. Louis, 30

Arieawn Dillon: M, St. Louis, 26

Daveon Barnes: M, St. Louis, 27

Dalvin Wiley: M, St. Louis, 29

Crystal Miller: F, St. Louis, 27

Latoya Wilson: F, St. Louis, 40

Steven Hilliard: M, St. Louis, 30

Andrew Prout: M, in custody in Missouri, 28

Ariel Randall: F, St. Louis, 26

Jessica Alvarez: F, arrested in Los Angeles, 40

Larry Martinez-Soto: M, arrested in Phoenix, 24

Sanela Demirovic: F, St. Louis, 31

“The individuals arrested earlier this week for their involvement in drug related crimes and activities provide an example of the threat the drug industry imposes in our communities,” DEA St. Louis Division Assistant Special Agent in Charge Colin Dickey said. “The drug cell we dismantled with operations in various states in the United States and Mexico has no regard for the people around them and will take whatever actions necessary to protect their profit and themselves. This fact is evident by the significant amount of drugs, weapons and money seized in the multi-state, multi-agency operation.  It’s important for everyone to keep in mind that no city is immune from the threat of drugs. The only way we can keep our streets safe is by working together to educate those around us on the dangers of these illegal substances and the threat associated with them.”

For the past three years, the U.S. Postal Inspection Service and its law enforcement partners have tenaciously investigated this multi-state drug trafficking network operated largely by violent gangs around the country,” stated Inspector in Charge William Hedrick who heads the Postal Inspection Service’s Chicago Division, which includes the St. Louis field office.  “The resulting indictment and arrests should serve as a warning to all criminals who see fit to utilize the U.S. Mail to conduct their illegal drug business.” 

John Jordan, the United States Marshal for the Eastern District of Missouri, provided the following statement:  The United States Marshals Service serves as the United States Government’s primary fugitive investigation and apprehension agency.  Empowered through federal law, the USMS also serves as a charter agency within the Organized Crime Drug Enforcement Task Forces.  The focus of the USMS within the OCDETF program is to “destabilize and disrupt the most serious crime organizations through joint and collaborative fugitive investigations.”  In this case, USMS personnel were contacted by our partner agencies, conducted fugitive investigations, and coordinated arrests across several metropolitan areas and with the assistance of multiple USMS investigative assets.  The USMS remains committed to the OCDETF goal of dismantling dangerous national-level drug trafficking organizations.

Charges set forth in the indictment are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach to combat transnational organized crime.  The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

This case was investigated by the Drug Enforcement Administration, United States Postal Inspection Service, United States Marshals Service with assistance from officers at the following police departments: Bellefontaine Neighbors, Shrewsbury, St. Louis Metropolitan, St. Louis County, St. Charles County, Ballwin and Maryland Heights.  This investigation was also supported by DEA’s Special Operations Division under Operation Isolated Culture.

PROVIDENCE, R.I. – The U.S. Attorney’s Office for the District of Rhode Island announces today that it is partnering with the Justice Department’s Civil Rights Division as it launches the department’s new Combatting Redlining Initiative.

Redlining is an illegal practice in which lenders avoid providing services to individuals living in communities of color because of the race or national origin of the people who live in those communities. The new Initiative represents the department’s most aggressive and coordinated enforcement effort to address redlining, which is prohibited by the Fair Housing Act and the Equal Credit Opportunity Act.

“Lending discrimination runs counter to fundamental promises of our economic system,” said Attorney General Merrick B. Garland. “When people are denied credit simply because of their race or national origin, their ability to share in our nation’s prosperity is all but eliminated. Today, we are committing ourselves to addressing modern-day redlining by making far more robust use of our fair lending authorities. We will spare no resource to ensure that federal fair lending laws are vigorously enforced and that financial institutions provide equal opportunity for every American to obtain credit.”

“Our Office is proud to be at the front line of efforts to address the pernicious effects of redlining in our communities,” said Acting U.S. Attorney Myrus. “Addressing the lasting historical effects of this conduct starts with ensuring that no vestige of this conduct remains in current lending practices, and we look forward to working closely with our partners in the Civil Rights Division in this effort.”

Redlining, a practice institutionalized by the federal government during the New Deal era and implemented then and now by private lenders, has had a lasting negative impact. For American families, homeownership remains the principal means of building wealth, and the deprivation of investment in and access to mortgage lending services for communities of color have contributed to families of color persistently lagging behind in homeownership rates and net worth compared to white families. The gap in homeownership rates between white and Black families is larger today than it was in 1960, before the passage of the Fair Housing Act of 1968.

This Initiative, which will be led by the Civil Rights Division’s Housing and Civil Enforcement Section in partnership with U.S. Attorney’s Offices, will build on the longstanding work by the Division that seeks to make mortgage credit and homeownership accessible to all Americans on the same terms, regardless of race or national origin and regardless of the neighborhood where they live. The initiative will:

• Utilize U.S. Attorneys’ Offices as force multipliers to ensure that fair lending enforcement is informed by local expertise on housing markets and the credit needs of local communities of color.
• Expand the department’s analyses of potential redlining to both depository and non-depository institutions.  Non-depository lenders are not traditional banks and do not provide typical banking services, but engage in mortgage lending and now make the majority of mortgages in this country.
• Strengthen our partnership with financial regulatory agencies such as to ensure the identification and referrals of fair lending violations to the Department of Justice.
• Increase coordination with State Attorneys General on potential fair lending violations.

Individuals may report lending discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online.

Additional information about the Rhode Island U.S. Attorney’s Office’s Civil Rights Programs is available at www.justice.gov/usao-ri.

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WASHINGTON— A South Carolina man was indicted today 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. A second man, from Texas, was indicted in the case on related charges.

George Amos Tenney III, 35, of Anderson, S.C., was indicted on three felony charges, including assaulting, resisting, or impeding certain officers, civil disorder, and obstructing an official proceeding. as well six other misdemeanor charges. Darrell Youngers, 32, of Cleveland, Texas, is charged with four misdemeanor offenses. Both men were arrested on June 29, 2021, following the filing of a criminal complaint. They will be arraigned on a future date in the District of Columbia.

According to court documents, before Jan. 6, Tenney wrote on Facebook, “It’s starting to look like we may siege the capital building [sic] and [C]ongress if the electoral votes don’t go right.  We are forming plans for every scenario.”  Tenney and Youngers were captured on video as they moved through the U.S. Capitol together on Jan 6, entering by approximately 2:19 p.m. through the Senate Wing Door. Tenney and Youngers eventually made their way to the East Rotunda Doors. While there, Tenney sought to force open the doors from inside, despite police efforts to keep them closed, and helped rioters amassed outside get into the building. He also grabbed an employee of the House Sergeant at Arms, locked arms with a U.S. Capitol Police officer, and pushed another Capitol Police officer. Tenney and Youngers eventually retreated into the Rotunda. 

This 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 District of South Carolina and the U.S. Attorney’s Office for the Southern District of Texas.

The case is being investigated by the FBI’s Greenville, S.C. Resident Agency and Houston Field Office, as well as the Metropolitan Police Department. Significant assistance was provided by the U.S. Capitol Police.

In the nine months since Jan. 6, more than 650 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 190 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.

Myrtle Beach, South Carolina --- Acting United States Attorney Rhett DeHart announced today that a press conference will be held tomorrow, October 26, 2021, at 10 a.m., at the Myrtle Beach Police Department Annex at 3340 Mustang Street in Myrtle Beach, South Carolina 29577.

Represented at the press conference will be the U.S. Attorney’s Office for the District of South Carolina and representatives of the following law enforcement agencies: Internal Revenue Service (IRS) and Homeland Security Investigations (HSI).

WHEN:      Tuesday, October 26, 2021, at 10 a.m.

WHERE:    Myrtle Beach Police Department Annex

                       3340 Mustang Street

                       Myrtle Beach, South Carolina 29577

NOTE:  Press inquiries regarding logistics should be directed to Assistant U.S. Attorney Derek A. Shoemake at 843-813-0982.  Members of the media wishing to attend the remarks should arrive at the Myrtle Beach Police Department Annex fifteen minutes in advance.

#####

NASHVILLE – A federal grand jury in Nashville Friday, returned a five-count indictment charging Tennessee State Senator Brian Kelsey, 43, of Germantown, Tennessee, and Nashville social club owner Joshua Smith, 44, with violating multiple campaign finance laws as part of a conspiracy to benefit Kelsey’s 2016 campaign for U.S. Congress.  

Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee, Assistant Attorney General Kenneth A. Polite, Jr. of the Department of Justice Criminal Division, and Acting U.S. Attorney for the Western District of Tennessee Joseph C. Murphy, Jr. made the announcement.

According to the indictment, beginning in February 2016 and continuing through mid-October 2016, Kelsey and Smith conspired with others to violate federal campaign finance laws to secretly and unlawfully funnel “soft money” (funds not subject to the limitations, prohibitions, and reporting requirements of the Federal Election Campaign Act [FECA]) from Kelsey’s Tennessee State Senate campaign committee to his authorized federal campaign committee.  Kelsey and others also caused a national political organization to make illegal, excessive contributions to Kelsey’s federal campaign committee by secretly coordinating with the organization on advertisements supporting Kelsey’s federal candidacy and to cause false reports of contributions and expenditures to be filed with the Federal Election Commission. 

In 2016, the FECA limited campaign contributions to $2,700 from any one individual or organization to any one candidate in each election. 

The indictment alleges that Kelsey, Smith, and other unindicted coconspirators orchestrated the concealed movement of $91,000 to a national political organization for the purpose of funding advertisements that urged voters to support Kelsey in the August 2016 primary election, and that the conspirators caused the political organization to make $80,000 worth of contributions to Kelsey’s federal campaign committee in the form of coordinated expenditures.  The indictment alleges other meetings and communications between the conspirators, resulting in the illegal transfers, contributions, and expenditures associated with Kelsey’s federal campaign.

Kelsey and Smith are charged with conspiracy, illegally transferring “soft money” as a federal candidate and his agent, and illegally transferring “soft money” as a state officeholder and his agent. Kelsey is also charged with making excessive contributions to a federal campaign and accepting excessive contributions.  If convicted, they face up to 5 years in prison and a $250,000 fine on each count.

A summons has been issued by the Court and Kelsey and Smith are directed to surrender to U.S. Marshals in the Middle District of Tennessee on or before November 5, 2021, at 10 a.m. and both will make an initial appearance before a U.S. Magistrate Judge.

This case was investigated by the FBI.  Assistant U.S. Attorneys Amanda Klopf of the Middle District of Tennessee and David Pritchard of the Western District of Tennessee and Trial Attorney John Taddei of the Criminal Division’s Public Integrity Section of the Department of Justice are prosecuting the case.

An indictment is merely an accusation.  The defendants are presumed innocent until proven guilty in a court of law. 

# # # # #

ATLANTA – Curant, Inc., which owns pharmacies in Smyrna, Georgia and St. Petersburg, Florida, along with its owners and related entities, agreed to pay $4.6 million to resolve allegations that they violated the False Claims Act by, among other things, charging the government far higher prices than the “usual and customary” prices charged to other patients.

“Pharmacies cannot overcharge government healthcare programs while offering cheaper prices to others, in violation of their payor agreements,” said Acting U.S. Attorney Kurt Erskine. “Such actions undermine efforts to protect government healthcare plans and keep costs lower.”

“The FBI is committed to protecting the health and safety of the American taxpayer,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Healthcare providers that take shortcuts to increase their financial bottom line must be held accountable for improper and illegal billings that increase the cost of medical care.”

“This settlement serves as a warning to those companies and individuals who seek to take advantage of the Department of Defense (DoD) health care program,” stated Special Agent in Charge Cynthia A. Bruce of the DoD, Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office.  “DCIS and our investigative partners are committed to fully investigating allegations of fraud, waste and abuse which jeopardize our military families’ precious healthcare resources.”

Curant Health Georgia LLC and Curant Health Florida LLC, which are owned by Patrick Dunham, Scott Zepp, Marc O’Connor, and Pankajkumar Patel (collectively “Curant”), dispensed compound pain creams and scar creams to TRICARE beneficiaries. TRICARE provides health insurance to members of the military and their families. In order to keep costs down, TRICARE prohibits pharmacies from charging more than their “usual and customary” price, which is defined as the retail price of the medication in a cash transaction.  Despite this prohibition, the government alleges that between 2013 and 2015, Curant charged TRICARE a much higher price for its compound creams than it offered to its cash-paying patients.

The government further alleges that, between 2013 and 2015, Curant paid kickbacks to a third-party marketer to arrange for doctors to send prescriptions to Curant, it waived patient copayments in an effort to drive up its sales, it submitted claims to TRICARE for compound creams that were not medically necessary, and it failed to return overpayments that it had received from TRICARE once it learned of them.

This civil settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by Dennis Long, a former pharmacist at Curant’s Georgia pharmacy, under the qui tam, or whistleblower provisions, of the False Claims Act. United States ex rel. Long v. Curant Health Georgia, LLC, et al., Civil Action No. 1:19-CV-3954-AT.  Under the False Claims Act, private citizens may bring suit for false claims on behalf of the United States and share in any recovery obtained by the government. Mr. Long will receive $805,000 from the settlement. Curant will also pay his attorney’s fees.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the Defense Criminal Investigative Service, and the FBI.

The civil settlement was reached by Assistant U.S. Attorney Anthony DeCinque.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

IndictmentMEMPHIS – A federal grand jury in Nashville, Tennessee, returned an indictment Friday charging Tennessee State Senator Brian Kelsey and a Nashville social club owner with violating campaign finance laws as part of an alleged scheme to benefit Kelsey’s 2016 campaign for U.S. Congress.

According to court documents, Kelsey, 43, of Germantown, and Joshua Smith, 44, of Nashville, conspired to and did secretly and unlawfully funnel what is commonly referred to as "soft money" from Kelsey’s Tennessee State Senate campaign committee to his authorized federal campaign committee. Kelsey and others also caused a national political organization to make illegal, excessive contributions to Kelsey’s federal campaign committee by secretly coordinating with the organization on advertisements supporting Kelsey’s federal candidacy and to cause false reports of contributions and expenditures to be filed with the Federal Election Commission (FEC).

The indictment alleges that Kelsey, Smith, and others orchestrated the concealed movement of $91,000 to a national political organization for the purpose of funding advertisements that urged voters to support Kelsey in the August 2016 primary election, and that the conspirators caused the political organization to make $80,000 worth of contributions to Kelsey’s federal campaign committee in the form of coordinated expenditures.

Kelsey and Smith are charged with conspiracy to defraud the FEC, illegally transferring "soft money" as a federal candidate and his agent, and illegally transferring "soft money" as a state officeholder and his agent. Kelsey is also charged with making excessive contributions to a federal campaign and accepting excessive contributions. The defendants are scheduled to make their initial court appearances on Nov. 5 before U.S. Magistrate Judge Jeffery S. Frensley of the U.S. District Court for the Middle District of Tennessee. If convicted, they face a maximum penalty of five years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorneys Mary Jane Stewart for the Middle District of Tennessee and Joseph C. Murphy Jr. for the Western District of Tennessee made the announcement.

The FBI is investigating the case.

Trial Attorney John Taddei of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Amanda Klopf of the Middle District of Tennessee and David Pritchard of Western District of Tennessee are 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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Damian Williams, the United States Attorney for the Southern District of New York, announced today that MARCUS FRAZIER pled guilty to carrying out a fraudulent scheme to obtain $6.9 million in government-guaranteed loans designed to provide relief to small businesses during the novel coronavirus/COVID-19 pandemic.  FRAZIER pled guilty before United States District Judge Alison Nathan, to whom his case is assigned.

U.S. Attorney Damian Williams said: “Marcus Frazier sought millions of dollars in unsecured SBA-guaranteed loans for which his businesses did not qualify.  He lied about the number of people employed by his businesses, the salaries they were paid, even that these employees existed.  Further, Frazier used the loan proceeds he obtained to fund his lavish lifestyle, not to pay permissible expenses.  Now Marcus Frazier awaits sentencing for his admitted crimes.”

According to the allegations in the Complaint, court filings, and statements made during plea proceedings:

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic.  One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other business expenses through the Paycheck Protection Program (the “PPP”).  The PPP allows qualifying small businesses and other organizations to receive unsecured loans guaranteed by the U.S. Small Business Administration (the “SBA”).  PPP loan proceeds must be used by businesses for payroll costs, mortgage interest, rent, and/or utilities, among other specified expenses.  Pursuant to the CARES Act, the amount of PPP funds a business is eligible to receive is determined by the number of employees employed by the business and its average payroll costs.  Businesses applying for a PPP loan must provide documentation to confirm that they have in the past paid employees the compensation represented in the loan application. 

Between in or about May 2020 and in or about April 2021, FRAZIER submitted to the SBA at least seven applications for PPP loans for various businesses that he controlled (collectively, the “Frazier Companies”).  These applications relied upon fraudulent statements regarding the number of employees of each business and the amount of payroll involved in each business, and were submitted, in many cases, alongside fake bank statements, designed to support FRAZIER’s false statements.  These fake bank statements included, among other things, fraudulent account statements for a checking account that showed balances far greater than the account actually held, and that depicted payroll withdrawals that never occurred.  FRAZIER also submitted lists of employees on the purported payrolls of the Frazier Companies, which included names and Social Security numbers which do not match the records of the Social Security Administration, suggesting that FRAZIER fabricated the employee records.  On at least one occasion, FRAZIER also provided documents purporting to show that one of the Frazier Companies had been in existence for approximately 10 years.  In fact, the corporate entity had not been registered until in or about July 2020, months after the onset of the COVID-19 pandemic.

FRAZIER sought a total of more than approximately $6.9 million in PPP loans and was awarded at least approximately $2.17 million.  A substantial portion of the funds awarded was spent not on payroll for the Frazier Companies but, rather, on FRAZIER’s personal expenses.  During the period between on or about June 18, 2020, shortly after his first PPP loan was funded, and on or about April 7, 2021, FRAZIER utilized PPP funds to spend approximately $124,982 on hotels, including more than approximately $88,791 at a luxury hotel located in Miami, Florida.  During the same period, FRAZIER spent approximately $63,000 on restaurants and food service, approximately $17,000 on transportation using the ride-hailing app Uber, approximately $16,519 on airline travel, and approximately $11,000 on clothing.  During this same period, FRAZIER collected approximately $21,000 in unemployment benefits.

In addition, between in or about January 2018 and in or about November 2019, FRAZIER engaged in a scheme to obtain personal loans from financial institutions and to evade the payment of credit card debt by making false representations, and sending fake documents, to lenders and banks. 

*                *                *

FRAZIER, 48, of New York, New York York, pled guilty to two counts of wire fraud affecting a financial institution, in violation of 18 U.S.C. § 1343, each of which carries a maximum sentence of 30 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

FRAZIER is scheduled to be sentenced by Judge Nathan on March 1, 2022, at 3:00 p.m.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation, the SBA Office of the Inspector General, the Internal Revenue Service, and the Federal Deposit Insurance Corporation Office of the Inspector General.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Katherine Reilly is in charge of the prosecution.

OKLAHOMA CITY – On October 22, 2021, a federal jury in Oklahoma City convicted Christina Rochelle Anglin, aka Christy Anglin, of Burnsville, North Carolina,  of employment tax fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Robert J. Troester for the Western District of Oklahoma.

According to court documents and evidence presented at trial, Anglin was the Controller and Chief Financial Officer for Atmospheric Technology Services Company (ATSC) located in Norman, Oklahoma. In that role, Anglin was responsible for withholding from employee wages and paying to the IRS payroll taxes, which included Social Security and Medicare taxes and federal income taxes. From the first quarter through the third quarter of 2018, Anglin did not pay to the IRS nearly $920,000 in payroll taxes, which had been withheld from employees. At the same time these taxes were not paid, Anglin approved thousands of dollars of business expenditures, including salary and bonuses for herself and other executives.

At sentencing, Anglin faces a maximum penalty of five years in prison for each count of employment tax fraud plus payment of restitution to the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by IRS-Criminal Investigation (IRS-CI), Defense Criminal Investigative Service (DCIS), U.S. General Services Administration-Office of Inspector General (GSA-OIG), FBI, Naval Criminal Investigative Service (NCIS), Army Criminal Investigations Division (ARMY-CID), and the Small Business Administration-Office of Inspector General (SBA-OIG).

Assistant U.S. Attorney William Farrior of the U.S. Attorney’s Office for the Western District of Oklahoma and Trial Attorney Ahmed Almudallal of the Tax Division are prosecuting the case. 

A Department of Justice national press release can be found at https://www.justice.gov/opa/pr/chief-financial-officer-oklahoma-business-found-guilty-employment-tax-fraud.

GRAND JUNCTION – David Lesh was found guilty of violating National Forest Service regulations for snowmobiling at Keystone Resort, which was closed in April 2020.  United States Magistrate Judge Gordon P. Gallagher issued the findings on October 22, 2021, in a written decision. 

In its Decision and Order, the Court found that as part of an advertising and marketing campaign for his outdoor apparel company, Lesh rode a snowmobile at Keystone Resort in April 2020, and then posted pictures of his activities on Instagram.  The Court found posting the photos on Instagram constituted selling or offering for sale merchandise or conducting unauthorized work activity on National Forest Service lands.  

At the time Lesh entered the resort, Keystone was closed due to the COVID-19 pandemic.  Keystone employees had used plows to create snow barriers in front of terrain park features to make them inaccessible.  Signs were posted around Keystone indicating that the ski areas and terrain park were closed.  On April 25, 2020, snowmobile tracks were found looping around a ski jump.  There was also evidence that a utility shed had been entered and a snow shovel removed.  Snowmobile tracks also indicated that snowmobiling had occurred around the resort, in the terrain park, through the Erickson Bowl, and down a trail on National Forest Service lands. 

Pictures were posted on Lesh’s Instagram account on April 25, 2020, featuring an individual wearing outdoor apparel and jumping a red and black snowmobile off a jump at Keystone.  A caption initially read,  “Solid park sesh, no lift ticket needed.” 

A bench trial in this matter occurred in Grand Junction on August 5, 2021.  The Court’s decision finds Lesh guilty of violating 36 C.F.R. Sections 261.14 and 261.10(c).  Both offenses are misdemeanors.  Lesh will be sentenced by the Court at date that is yet to be determined.  

The matter was investigated by the National Forest Service.  Assistant United States Attorney Peter Hautzinger is in charge of the prosecution.

Case Number:  1:20-po-07016-GPG

SAN FRANCISCO– Khari Moore and Malik Lott were sentenced today to 87 months and 12 months and one day in prison for their respective roles in a scheme to obtain marijuana from a Redwood City drug dealer for distribution, announced Acting United States Attorney Stephanie M. Hinds and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge, San Francisco Field Division, Patrick Gorman.  Moore also sentenced after pleading guilty to brandishing a weapon during the attempted drug deal.  The sentence was handed down by the Honorable Susan Illston, Senior U.S. District Judge.

On July 9, 2021, Lott pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(D).  On July 20, 2021, Moore pleaded guilty to  the conspiracy charge and, in addition, to one count of brandishing of a firearm during and in relation to and in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(ii).  The facts underlying the convictions were set out in the defendants’ plea agreements.

According to the plea agreements, Moore made contact on the Internet with a person who agreed to sell marijuana.  Lott admitted that in the days before April 8, 2018, he communicated with the seller of the marijuana via text message and settled the details of the drug transaction.  Lott and Moore admitted that on April 8, 2018, they both travelled with others from Stockton, Calif., to Redwood City and with the purpose of purchasing four pounds of marijuana for the agreed-upon price of $4,000.  Further, Moore and Lott acknowledged that the purpose of obtaining the marijuana was to resell the drugs for a profit.  At the time of meeting, Moore and Lott met with the seller of the marijuana and another individual in a pickup truck that was parked in the parking lot of a liquor store in Redwood City.  At some point during the meeting in the pickup truck, Moore brandished a .45 caliber handgun and fired it multiple times.  The driver of the pickup truck was shot multiple times in the face and back, causing extensive injuries.  Moore and Lott then fled the scene and returned to Stockton without the marijuana from the seller.

On July 13, 2021, Moore was charged with the drug distribution conspiracy and weapons charge.  He pleaded guilty to both counts.  Lott was charged by indictment on October 1, 2020, with the conspiracy charge, as well as additional drug trafficking, robbery, and conspiracy to commit robbery charges.  As part of his plea agreement, Loot pleaded guilty to the drug distribution conspiracy charge and the other charges were dismissed. 

The defendants both will begin serving their prison terms immediately.  In addition to the prison terms, Senior District Judge Illston ordered the defendants to serve five years and three years of supervised release and ordered Moore to pay restitution.

Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Linda Love.  The prosecution is the result of an investigation by the ATF and Redwood City Police Department.

DANVILLE, Va. – A Danville man was sentenced last week to 87 months in federal prison for distributing cocaine and methamphetamine.

Joe Ali Daniels, 61, pleaded guilty in May 2021 to one count of distributing cocaine and two counts of distributing 5 grams or more of methamphetamine.

According to court documents, in May, September, and October of 2019, Daniels made several sales of cocaine and methamphetamine to police. During each of these transactions, Daniels used a cell phone to arrange the sales, which took place at Daniels’ residence in Danville, Virginia. Once at the residence, Daniels called another individual, who delivered the drugs to complete the transaction.

United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Charlie J. Patterson, Special Agent in Charge of ATF’s Washington Field Division made the announcement.

The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Danville Police Department.

Assistant United States Attorneys Rachel Swartz and Coleman Adams prosecuted the case for the United States.