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Judge Sentences Macon Man Found Guilty Of Fraud In Multi-Million Dollar Bibb County School District Computer Case

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MACON – A businessman convicted in a complex scheme to defraud the Bibb County School District (BCSD) will spend 50 months in prison for his crime, announced Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Dave Carty, 49, of Macon, was found guilty on February 1, 2019 of one count of Wire Fraud following a week-long trial in federal court. Today, the Honorable Marc Treadwell sentenced Mr. Carty to 50 months in prison and 3 years supervised release. There is no parole in the federal system.

Mr. Carty was charged in connection to the sale of 15,000 NComputing devices for $3.7 million to upgrade classroom technology for BCSD in 2012. Mr. Carty prepared the template for an invoice that was ultimately presented to the BCSD to purchase the devices for $3.7 million.  The actual cost of the devices was $1.7 million.  Mr. Carty’s invoice did not reflect the donation of 4,000 devices that NComputing intended for the BCSD.  The invoice also included charges for services provided by NComputing at no cost.  A co-defendant, Isaac Culver, was found guilty in July 2018 by a jury of his peers for Conspiracy to Commit Wire and Mail Fraud, Mail Fraud, Conspiracy to Launder the Proceeds of Unlawful Activity and ten counts of Wire Fraud. Mr. Culver was sentenced to 87 months in prison and three years of supervised release in November.

“The defendants’ scheme defrauded the Bibb County School District of millions of dollars, but the real victims are the school children who were deprived of educational opportunities as a result of this fraud,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “Our office will continue to vigorously pursue criminals who attempt to steal from taxpayers.  I want to thank the FBI and IRS for their exemplary efforts in this case.”

This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service. Assistant U.S. Attorneys Beth Howard and Danial Bennett are prosecuting the case for the Government with participation and cooperation of Special Assistant U.S. Attorney David McLaughlin from the Georgia Office of the Attorney General.

Questions concerning this case can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

26 Individuals Charged With Drug Trafficking In Puerto Rico Project Safe Neighborhoods Enforcement Effort

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SAN JUAN, Puerto Rico – On May 20, 2019, a federal grand jury in the District of Puerto Rico returned a seven-count indictment charging 26 defendants with conspiracy to distribute controlled substances and with firearms violations, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The Federal Bureau of Investigation and the Puerto Rico Police Department (PRPD), Caguas Strike Force, are in charge of the investigation with the collaboration of the Puerto Rico Police Bureau, Department of Public Safety. This case is part of the U.S. Department of Justice’s Project Safe Neighborhoods initiative.

The indictment alleges that beginning in or about the year 2013, the organization distributed crack, heroin, cocaine, marihuana, Oxycodone (commonly known as Percocet) and Alprazolam (commonly known as Xanax), all within 1,000 feet of the real properties comprising the Lorenzana Public Housing Project and Roosevelt Ward located in the Municipality of San Lorenzo, Puerto Rico, all for financial gain and profit.

The 26 defendants acted in different roles in order to further the goals of their organization, to wit: leaders, drug point owners, runners, enforcers, sellers, facilitators, and lookouts. Twelve defendants are facing one charge of using and carrying firearms during and in relation to drug trafficking.

As part of the conspiracy members of the drug trafficking organization used force, violence and intimidation in order to maintain control of the drug trafficking operations, armed conspirators provided security to the drug point, and lookouts conducted surveillance at strategic locations within the public housing project to attempt to detect the presence of law enforcement personnel and/or members of rival gangs.

The defendants indicted and arrested today are: Juan Rafael Pedro-Vidal, a.k.a. “Bebe/Fito/Jincho”; Juan Luis Pedro-Vidal, a.k.a. “Pucho/Gordo/Barba”; Kelvyn Iván Borges-Vázquez, a.k.a. “Keke”; Christian De Jesús-Figueroa, a.k.a. “Puto”; Alexander Sánchez-Sánchez, a.k.a. “Alex Fo/Gárgola”; José René Ríos-Fuentes; Henry Calderón-Marín, a.k.a. “Jincho/Jinchito”; Alexander Cruz-Guzmán, a.k.a. “Pito”; Nelson Torres-Delgado, a.k.a. “El Burro”; Luis Manuel Montñez-Ramos, a.k.a. “Wiso/Gordo”; Victor Manuel Moyett-Barbosa, a.k.a. “Victorino”; Radames Torres-Díaz; Miguel Ángel Rojas-Tamayo, a.k.a. “Mikey”; José Montañez-Ramos, a.k.a. “Chelo”; Samuel Enrique Rolón-Malavé, a.k.a. “Sammy”; José Martín Cruz-Guzmán, a.k.a. “Fresita”; Juan Carlos Pérez-Colón, a.k.a. “Budda”; Ángel Omar García-Córdova, a.k.a. “Kakito”; Rafael Enrique Marcano-Rodríguez; José Edgardo Cruz-Piñeiro, a.k.a. “Coco”; José Manuel Claudio-Figueroa, a.k.a. “Scorpion/Viejo”; Raúl Soto-Ramos, a.k.a. “Bobo”; William Rolón-Gómez, a.k.a. “Mascabi”; Emmanuel Neris-Rivera, a.k.a. “Chavito”; Ivelis Méndez-Gómez, a.k.a. “Ivy”; and Jostheline Figueroa, a.k.a. “Ñeca”.

“This indictment and the arrests this morning are a significant victory in our efforts to combat drug trafficking and violent crime,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “We will continue to conduct investigations with our counterparts to dismantle these criminal organizations and to send a clear message that drugs, firearms, and violence will not be tolerated in our neighborhoods.”

“Today’s operation involved more than 400 law enforcement personnel, demonstrating that we and our partners will invest whatever resources are necessary when it comes to public safety. The operation succeeded thanks in large part to the efforts of the Puerto Rico Police Department, Strike Force Caguas, Puerto Rico Department of Corrections, San Juan Police Department, Hacienda, Bureau of Alcohol, Tobacco, and Firearms, and Homeland Security Investigations; and as always, could not have gone forward without the tremendous work of the United States Attorney’s Office in preparing this case for prosecution,” stated Douglas A. Leff, Special Agent in Charge of the FBI, San Juan Division.

Today’s arrests are part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

Assistant U.S. Attorneys Jenifer Y. Hernández-Vega and Jonathan Gottfried are in charge of the prosecution of the case. If convicted the defendants face a minimum sentence of 10 years, and up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The PSN program was reinvigorated in 2017, as part of the Department’s renewed focus on targeting each community’s most violent criminals. All U.S. Attorney’s Offices work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.

Wood County Man Pleads Guilty to Federal Gun Charge

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CHARLESTON, W.Va. – A Wood County man who possessed firearms after being involuntarily committed to a mental hospital pled guilty to a federal gun charge, announced United States Attorney Mike Stuart.  Benjamin Lee Parsons, 31, of Mineral Wells, entered a guilty plea to illegal possession of a firearm.  Stuart commended the investigative efforts of the Wood County Sheriff’s Department, the Parkersburg Narcotics and Violent Crimes Task Force (PNTF), the Federal Bureau of Investigation (FBI), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). 

“Excellent work by law enforcement,” said United States Attorney Mike Stuart.  “These guns were definitely in the wrong hands.”

On October 31, 2018, investigators executed a federal search warrant on a wooded property in Mineral Wells where Parsons had been living in a tent.  The search warrant was the culmination of an investigation of Parsons related to his acquisition of a high-capacity semiautomatic FNH model M249S 5.56 caliber assault rifle.  The rifle is the semiautomatic civilian version of the Squad Assault Weapon (SAW) used by the United States military.  Federal and local police learned that Parsons had obtained the weapon from another individual who told investigators that he had purchased it for Parsons from a licensed firearms dealer in Marietta, Ohio.  When investigators executed the search warrant, they recovered the FNH assault rifle and a Molot 5.45x39mm rifle from a locked case Parsons kept at his campsite on the property.  The FNH was loaded with approximately 190 rounds of belted ammunition in a drum magazine. Investigators also located and seized 12 magazines for the Molot loaded with 164 rounds of ammunition, 32 additional unloaded magazines,  and approximately 640 rounds of 9mm and other rifle ammunition.

Parsons was prohibited from possessing the firearms and ammunition as a result of having been involuntarily committed to a mental hospital in February 2017 by Wood County Circuit Judge Jason Wharton.  Parsons faces up to 10 years in federal prison when he is sentenced on August 27, 2019.

Assistant United States Attorney Joshua C. Hanks is handling the prosecution.  Senior United States District David A. Faber presided over the plea hearing.

This case is being prosecuted as part of the 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.

Mother and Two of Her Sons Among 11 Defendants Charged in Federal Drug and Gun Investigation in Chicago

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CHICAGO — Eleven individuals, including a woman and two of her sons, are facing criminal charges as part of a federal drug and gun investigation in Chicago.

During the multi-year investigation, law enforcement seized 29 firearms and associated ammunition, a machete and sheath, approximately a kilogram of cocaine, 78 pounds of marijuana, more than $190,000 in suspected illicit cash proceeds, and diamond jewelry, Rolex watches and designer clothing appraised at more than $300,000.  Much of the alleged drug trafficking occurred on the South Side of Chicago.

All eleven defendants were arrested last week.  Detention hearings for many of the defendants are being held this week in U.S. District Court in Chicago.

The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Eddie Johnson, Superintendent of the Chicago Police Department.  Substantial assistance was provided by the Internal Revenue Service Criminal Investigation Division, Cook County Sheriff’s Department, Evergreen Park Police Department, Joliet Police Department, Orland Park Police Department, and Bolingbrook Police Department.  Assistant U.S. Attorneys Ankur Srivastava and Sheri Wong represent the government.

According to charges filed in federal court, RAKIM ASAD, 26, of Chicago, and his mother, HARRIETTE MCPHERSON, 46, of Chicago, conspired with each other and DERRICK MCNEAL, 46, of Chicago, to possess cocaine and marijuana with the intent to deliver.  Asad is also charged with knowingly possessing a loaded handgun in furtherance of a drug trafficking crime.

During the investigation, law enforcement seized from Asad a Rolex watch and two necklaces, according to the indictment against him.  Attached to the necklaces were 14-carat gold pendants with the initials “LAFA” written in diamonds, the indictment states.  The initials are an apparent reference to Asad’s suspected affiliation with LAFA, a Chicago street gang.

Four of the defendants are charged with conspiring to rob a drug dealer of marijuana in Chicago and Bridgeview in the summer of 2017.  The charges allege that KELVIN EVERETT, 38, of Chicago, GREGORY BLACKWELL, 29, of Chicago, QUINCY WRIGHT, 37, of Chicago, and JERRY PEOPLES, 42, of Chicago, possessed a loaded rifle and handgun during an attempted robbery of the dealer on June 13, 2017, in Bridgeview.  Everett, Blackwell, Wright and Peoples are also charged with illegal possession of the rifle and handgun, due to having prior felony convictions that prohibited them from lawfully possessing a firearm.

The charges further allege that RACHAD LUCAS, 38, of Calumet City, stored controlled substances in a storage unit in Calumet City.  Lucas is also charged with possessing marijuana with the intent to distribute, knowingly possessing a handgun in furtherance of a drug trafficking crime, and illegally possessing the handgun as a previously convicted felon.

Three other defendants face various drug charges: RACHAD UNDERWOOD, 42, of Chicago, CALVIN WOODS, 28, of Chicago, and SINCERE BRANNON, 19, of Chicago.  Brannon, who is also McPherson’s son, faces an additional charge of knowingly possessing a firearm in furtherance of a drug trafficking crime.

The public is reminded that charges contain only accusations and are not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  The charges carry maximum penalties ranging from 20 years to life in prison.  If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.

Guilty Verdict On All Counts In Trial Of Physician Convicted For Defrauding The Government In Medicare Scheme

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VALDOSTA – A Valdosta doctor was found guilty of health care fraud following a seven-day trial in federal court, announced Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. The verdict was announced late in the day yesterday, May 14, 2019, after the jury deliberated for approximately two hours. The trial for Dr. Douglas Moss, 58, of Valdosta, began Monday, May 6, 2019 before U.S. District Judge Hugh Lawson. Dr. Moss was found guilty on all seven counts that he was charged with: Conspiracy to Commit Health Care Fraud (Count 1) and Health Care Fraud (Counts 2-7). The defendant faces a maximum penalty of ten (10) years in prison, a $250,000 fine, or both, on each count. The sentencing date is scheduled for August 14, 2019, at 9:30 a.m. before Judge Lawson. There is no parole in the federal system.

Dr. Moss was a practicing physician at South Georgia Health Group, LLC, (SGHG) in Valdosta, Georgia, since July 16, 2002. Dr. Moss was also the Medical Director of four Heritage Health (which became Pruitt Health) facilities (Holly Hill Nursing Home, Valdosta Nursing Home, Lakehaven Nursing Home, and Crestwood Nursing Home) between January 2011 and May 2016, where he served as the attending physician for 80 percent of the residents at those facilities. Dr. Moss was also the Medical Director of Grant Medical Clinic in Valdosta, an after-hours clinic. Dr. Moss enlisted a co-conspirator, Shawn Tywon, who worked as a Physician’s Assistant (PA) in Dr. Moss’ practice. Mr. Tywon was indicted in this case, and entered a guilty plea to Conspiracy to Commit Health Care Fraud on April 11, 2019, before Judge Lawson. Sentencing for Mr. Tywon is scheduled for July 10, 2019.  Mr. Tywon testified in the trial as a witness for the Government.

According to testimony and evidence presented at trial, Dr. Moss bilked the U.S. Government out of more than $2.5 million dollars by falsifying Medicare and Medicaid claims, either by billing for services he actually did not perform, or by utilizing his PA, Mr. Tywon, as an “extender” (a non-physician practitioner) to render services that were billed as if Dr. Moss had performed them himself, netting a larger reimbursement. The evidence showed that Dr. Moss routinely did not render the services he billed under his name, and even visited casinos during at least two periods of time when he submitted bills for services in Valdosta when he was actually in Las Vegas.  

“Over a period of four years, Dr. Moss stole in excess of $2.5 million by fraudulently billing the U.S. Government for work he claimed to personally perform at the four nursing homes in Valdosta. The jury’s verdict makes it clear that the citizens of our district will not stand for defrauding the government,” said Charles “Charlie” Peeler, the US Attorney for the Middle District of Georgia. “I want to thank our law enforcement partners for their hard work.”

“Our Medicaid Fraud Control Division will remain vigilant in efforts to uncover fraud and abuse,” said Attorney General Chris Carr. “The case gave us an opportunity to work hand-in-hand with our federal partners at the U.S. Attorney’s Office for the Middle District of Georgia, and we are proud that our joint efforts led to this successful result.”

“The level of greed shown by Dr. Moss in this case is astounding, as he lined his pockets at the expense of our government funded healthcare programs,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Just as one example, Dr. Moss claimed to have seen 175 patients on one particular day, falsely billing Medicaid and Medicare for services that were never provided. Actions like this went on for over three years affecting every tax paying citizen, in particular, those who rely on federally funded programs for their health care needs.”

“Dr. Moss was convinced that defrauding taxpayers was his path to riches,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “Instead he will pay a heavy price for his actions as we will work with our law enforcement partners to protect vital government health programs.”   

The case was investigated by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services – OIG. Assistant U.S. Attorneys Sonja Profit and Lyndie Freeman from the U.S. Attorney’s Office for the Middle District of Georgia, and Assistant Attorney General Jim Mooney from the Georgia’s Office of the Attorney General prosecuted the case for the Government.  Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.

Four Men Indicted on Fraud Charges Related to the Jay Peak EB-5 AnC Vermont Project in Northeast Vermont

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Four individuals were charged with conspiring in a multi-year wire fraud scheme to defraud immigrant investors seeking green cards through the EB-5 program, among other charges, announced United States Attorney for the District of Vermont Christina E. Nolan.

Ariel Quiros, 63, William Kelly, 70, both of Florida; Jong Weon Choi, aka Alex Choi, 58, of South Korea; and William Stenger, 70, of Newport, Vermont, were indicted by the federal grand jury on criminal charges in connection with their management of the Jay Peak Biomedical Research Park EB-5 investment project, also called the AnC Vermont project. In addition to the wire fraud conspiracy count, the defendants face other charges, including six separate counts of wire fraud and various counts of concealing material facts or presenting false statements in a matter within the jurisdiction of a federal agency, namely United States Citizenship and Immigration Services (USCIS), which oversaw the EB-5 process. Quiros is also charged with two counts of money laundering. The indictment alleges that the defendants misrepresented facts to the SEC, which investigated the Jay Peak EB-5 offerings while the defendants were seeking new AnC investors. A civil action by the SEC ended the defendants’ control of the EB-5 projects.

U.S. Attorney Christina E. Nolan stated:  “As alleged in this indictment, this scheme defrauded hopeful immigrant investors in what may be the largest financial crime in our state history. I commend our prosecutors and our partners in the FBI, IRS, and FDA-OIG for their dogged investigation of this complex fraud that shook our small state.  This indictment demonstrates that the U.S. Attorney’s Office is determined to address the most challenging cases, and that we have the talent, will, and resources in our office and law enforcement agencies to meet those challenges.”

The charges against the defendants are only allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The defendants face a maximum penalty on the most serious charges of 20 years in prison, three years of supervised release, a $250,000 fine or twice the gross gain or loss, and restitution to the victims. The indictment also alleges forfeiture against the defendants.

“This case is about greed and deceit. The fraud alleged in this indictment and the related fraud alleged by the SEC and the State of Vermont have affected many Vermonters,” stated James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. “The defendants’ broken business promises have left not only a physical scar on the city of Newport, but also an intangible scar on the promise of economic development for the Northeast Kingdom and on the dreams of many hopeful immigrants. By seeking to hold accountable those who break the law and cause such harm, we hope to help to heal these scars. The dedicated work and cooperation among the FBI, IRS, FDA and U.S. Attorney’s Office have resulted in the arrests today. The FBI will continue working with our law enforcement partners to stop those who abuse government programs for their own gain.”

“As alleged in the indictment, the defendants obtained tens of millions from investors in connection with an EB-5 offering that was based on misleading statements and involved a misuse of the money raised,” said Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation, Boston Field Office.  “IRS-CI’s tracing of the investors’ funds helped investigators uncover the breadth of the alleged fraud and we are proud of our role in this collaborative law enforcement effort.”

The indictment alleges a scheme conceived in 2011 and carried through until the defendants lost control of the project in April 2016. The AnC project was the seventh EB-5 project managed by Quiros and Stenger, but the first involving a business outside a ski resort. The defendants designed the project to raise $110 million from immigrant investors in order to build and operate a biotechnology company, AnC Vermont, on a property in Newport. From 2012 to 2016, the defendants obtained over $80 million from over 160 immigrant investors in the AnC project. Under the EB-5 program created by Congress, immigrant investors could obtain lawful permanent residency (green cards) by investing $500,000 each in a United States business that would create ten jobs per investment. Pursuant to federal law, the AnC project was regulated and monitored by USCIS and the Vermont Regional Center, a part of state government.

According to the indictment, the defendants’ scheme involved both secret embezzlement of immigrant investor funds and deceit about the AnC project’s jobs and revenue. The defendants designed the project so that Quiros and Choi, who were secret partners, could siphon millions of dollars in investor funds into their pockets. As the defendants raised investor money, Quiros used the money for his own purposes instead of using it to build the project. The defendants then concealed this misuse of funds.

The indictment also charges that the defendants created a fraudulent AnC business plan based on a “party line” conceived to misrepresent the number of jobs that would be created by the project and the business revenue that would be generated from the project. Marketing the project to immigrant investors depended on job creation and future revenue, since the defendants emphasized their ability to satisfy the job creation standards under EB-5 law and repay immigrant investors. The indictment charges that the defendants devised job and revenue projections based on the number of jobs needed to obtain project approval from USCIS without regard to a viable plan to actually create those jobs or achieve those revenues. AnC Vermont would supposedly rent clean rooms, market stem cell therapies, and manufacture artificial organs. The defendants made fraudulent statements in regard to all three facets of the future business, in particular with regard to how soon the project would generate jobs and revenue. Rather than disclose that they were creating a start-up business that would need large capital reserves to operate in the early stages, the defendants falsely represented that they had a plan where AnC Vermont would successfully market its products as soon as construction was complete.

In addition to the wire fraud and wire fraud conspiracy charges, the indictment charges Quiros with two money laundering counts relating to two transactions where he used AnC investor funds for personal expenses, specifically a $6 million payment to the IRS and the purchase of a vehicle.

Further, the indictment contains five concealment or false statement counts. First, it alleges that the defendants concealed from the Vermont Regional Center how Quiros used approximately $21 million in investor funds to pay off a loan unrelated to the AnC Vermont project. Next, the indictment alleges that Quiros, Kelly, and Choi concealed that Choi was being investigated  in Korea for financial crimes, and falsely represented that AnC Korea, a company they claimed would supply the technologies that AnC Vermont would market, was not in financial distress.

Finally, the indictment charges Stenger with presenting false documents and statements to the Vermont Regional Center. One of these counts focuses on a misrepresentation by Stenger that he had followed the Regional Center’s direction to stop marketing the AnC project in mid-2014. The other charges as false a written presentation Stenger made to the Regional Center in January 2015 as he was seeking permission to continue recruiting investors for the AnC project.

Quiros, Kelly, and Stenger surrendered to the custody of the United States Marshals Service this morning and are scheduled to appear for arraignment on the charges in federal court later today. Choi remains at large.

The United States Attorney expresses her gratitude for the outstanding investigation leading up to these charges by the Federal Bureau of Investigation, the Criminal Investigation Divisions of the Internal Revenue Service, the Food and Drug Administration and for the assistance of the Justice Department’s Office of International Affairs. The prosecutors handling the case are Assistant U.S. Attorneys Nicole Cate and Paul Van de Graaf. Ariel Quiros is represented by Seth Levine, Esq. William Kelly is represented by Robert Goldstein, Esq. William Stenger is represented by Brooks McArthur, Esq.

Belmont Resident Sentenced to 160 Months for Fentanyl Trafficking and Firearms Crimes

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     CONCORD – Louis Gardner, 41 of Belmont, New Hampshire, was sentenced to160 months in prison for participating in a conspiracy to distribute and possess with intent to distribute fentanyl, illegally possessing firearms, and possessing a firearm in furtherance of drug trafficking, United States Attorney Scott W. Murray announced.

            According to court documents and statements made in court, Gardner and another individual sold fentanyl and methamphetamine to an individual who was cooperating with the FBI on two separate occasions at locations in and around New Hampshire.  On May 31, 2017, a woman arranged for Gardner and two other men to purchase fentanyl from a supplier in Lawrence, Massachusetts.  The three men drove together from Belmont to Lawrence.  In Lawrence, the men met with their drug supplier, purchased a quantity of fentanyl, and began to drive back to New Hampshire.  On the highway near Derry, the New Hampshire State Police conducted a traffic stop and seized a firearm and a package containing approximately 111 grams of fentanyl.  As a convicted felon, Gardner could not lawfully possess a firearm.      

            Gardner previously pleaded guilty on October 30, 2018.        

            “Armed drug traffickers are a menace on our highways,” said U.S. Attorney Murray.  “The transportation of fentanyl into New Hampshire has had a disastrous impact on public health and safety. When drug traffickers are also armed, the danger grows exponentially.  I am grateful to our law enforcement partners for stopping this defendant’s criminal conduct and protecting the safety of our community.”

            “Those who distribute fentanyl, like Mr. Gardner, are endangering their customers and causing great damage to our community,” said Joseph R. Bonavolonta, Special Agent in Charge, FBI Boston Division.  “The FBI will continue to work with our law enforcement partners to detect and disrupt drug traffickers like him who are contributing to the opioid crisis.  Dangerous drugs like this need to be taken off our streets, and in doing so, we can help keep addiction from spreading.”

            This matter was investigated by the FBI, the New Hampshire State Police, and the Laconia Police Department.  The case was prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.

Rosebud Woman Indicted for Assault and Child Abuse Charges

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United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Child Abuse.

Victoria Smashed Ice, age 26, was indicted on May 14, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 3 years up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about April 1, 2019, Smashed Ice assaulted a child with shod feet, she repeatedly kicked the child while wearing cowboy boots with the intent to do bodily harm.  The Indictment further alleges that Smashed Ice abused, exposed, tortured, tormented, and cruelly punished the child.

The charges are merely accusations and Smashed Ice is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.  

Smashed Ice was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

Jackson Man Sentenced under Project EJECT for Illegally Possessing a Firearm

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Jackson, Miss. – Charles Brown, Jr. 42, of Jackson, was sentenced today by United States District Judge Carlton W. Reeves to 18 months in prison, followed by 3 years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Dana Nichols, Special Agent in Charge, Bureau of Alcohol, Tobacco Firearms and Explosives.  Brown was also ordered to pay a $1,000.00 fine.

On June 25, 2017, Charles Brown, Jr. arrived at the Jackson Police Department with a female identified as T.W.  Brown was bringing her to JPD because he believed T.W. had information about a crime that had been committed. Brown is not a member of any law enforcement agency. Brown was seen wearing a bulletproof vest walking towards a 2000 maroon Jeep Grand Cherokee.  An officer noticed that the vehicle had police dashboard lights on the front windshield. Officers asked Brown if he had a firearm inside the vehicle and he responded that he did. An inventory of the vehicle was conducted and a Rohm RG38 .38 caliber firearm with serial number 85594 as well as Winchester box that contained 28 rounds of ammunition were found.    

On April 4, 2018, an indictment was filed charging Brown with being a felon in possession of a firearm. He had been previously convicted of shooting into an occupied dwelling in 2004, in Hinds County Circuit Court. Brown  pled guilty before Judge Reeves on February 5, 2019.

U.S. Attorney Hurst commended the work of the Jackson Police Department and the Federal Bureau of Investigation and their cooperation with ATF agents and Project EJECT task force members. AUSA Erin Chalk is prosecuting the case.

This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

Key West-Based Drug Trafficker Who Conspired With Members Of The Pagans Motorcycle Gang To Distribute Methamphetamine Sentenced To Twenty Years In Prison

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Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Keith Kirchoff (41, Key West) to 20 years in federal prison for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking crime. A jury had found Kirchoff guilty on February 26, 2019.

According to testimony presented at trial, in March 2018, Kirchoff conspired with members of the Pagans motorcycle club to deliver ounce quantities of methamphetamine to Pagans members located in Daytona Beach and Key West, Florida. On March 21, 2018, members of the Florida Highway Patrol pulled over a vehicle driven by Kirchoff and found nearly 10 ounces of methamphetamine and a loaded firearm.

“The FBI is committed to dismantling criminal organizations who threaten the safety of Central Florida,” said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division, “and we will continue to work with our federal, state, and local law enforcement partners to disrupt the flow of dangerous drugs into our communities.”

This case was investigated by the FBI, the DEA, the Florida Highway Patrol, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Topeka Man Pleads Guilty To Cyberstalking, Child Pornography

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TOPEKA, KAN. – A Topeka man pleaded guilty Tuesday to cyberstalking and distributing child pornography, U.S. Attorney Stephen McAllister said.

Blake Adam Austin, 35, Topeka, Kan., pleaded guilty to one count of cyberstalking, one count of possessing child pornography and one count of distributing child pornography.

The investigation began when a middle school teacher in Topeka reported receiving emails from males who wanted to meet her. The males were responding to a Craigslist ad in which someone used the victim’s identity to post sexual content. The problem continued for years until an investigator identified an account Austin was using to post sexual content along with the victim’s contact information.

The victim recognized Austin as someone she had worked with at a coffee shop. He had attempted to initiate a relationship but she had not been interested.

Investigators learned Austin used images of an adult porn star and the victim’s contact information to post ads. He also used images of the victim and her contact information to place half a dozen ads on Craigslist.

On Austin’s laptop, investigators found images of him having sex with a 17-year-old girl. Investigators also learned that Austin uploaded sexually explicit photos of a girl under 15 years old on Skype.

Sentencing is set for Aug. 20. He faces a penalty of up to five years in federal prison on the cyberstalking charge, up to 10 years on the possession charge and not less than five years on the distribution charge. McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

Major Takedown Dismantles Multi-State Methamphetamine Network Tied to Sinaloa Cartel

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SAN DIEGO – Indictments were unsealed today in San Diego federal court charging 43 members of a methamphetamine distribution network tied to the Sinaloa Cartel with federal drug trafficking and money laundering offenses.

During the coordinated takedown that began early this morning, investigators executed over a dozen search warrants and seized approximately 80 pounds of methamphetamine, four firearms, and more than $100,000 in U.S. currency. As of today at 5 p.m., 33 of the forty-three defendants are either in federal or state custody. Authorities are continuing to search for 10 defendants. Many of the defendants are scheduled to be arraigned before U.S. Magistrate Judge Linda Lopez at 10:30 a.m. tomorrow.

According to the indictments and other publicly filed court documents, this San Diego based network supplied multi-kilogram quantities of methamphetamine and gamma-hydroxybutyrate (GHB) to dozens of subdistributors located throughout the United States and the world, including California, Arizona, Oregon, Wyoming, Texas, Arkansas, Florida, Virginia, Washington, D.C., New Jersey, New York and the United Arab Emirates. In return, tens of thousands of dollars in narcotics proceeds were returned to the network’s leaders via shipments of bulk cash, structured cash deposits into bank accounts, and online money transfer systems like PayPal, Zelle, Venmo, and Cash App.

The defendants operated the drug-trafficking scheme by arranging for the shipment of large quantities of methamphetamine from San Diego to various locations in the United States and internationally, through FedEx and the United States Postal Service (USPS). The drug shipments were mailed weekly to various hotels, residences, and Airbnb locations. As part of the scheme, the defendants also created multiple fraudulent FedEx accounts. These fraudulent FedEx accounts were billed to and paid for by large corporations, in hopes that the large businesses would not notice the illicit packages.

Despite their sophisticated efforts, law enforcement penetrated this network with a variety of investigative techniques, including physical surveillance, obtaining phone records, financial documents tracking warrants on telephones and vehicles and undercover agents. Over the course of the investigation, agents obtained dozens of search warrants and a six-month-long federal wiretap to track the communications and the location of the defendants. In conjunction with the wiretaps, agents ultimately seized approximately 78 pounds of methamphetamine and four firearms tied to the network.

In addition to the indictments announced today, more than a dozen defendants who worked with this network have been charged in connection with this investigation in multiple jurisdictions across the United States, including by the U.S. Attorney’s Offices for the District of New Jersey, the Eastern District of Virginia, the Western District of Texas, and Eastern District of Arkansas, as well as the Florida Office of the Attorney General and the Yuma, Arizona County Attorney’s Office.

“Today we have completely dismantled this San Diego-based international drug trafficking network with ties to the Sinaloa Cartel,” said U.S. Attorney Robert Brewer. “I want to congratulate the outstanding federal, state, and local law enforcement cooperation that resulted in this highly successful investigation. Replicating this kind of aggressive law enforcement takedown is critical to breaking the backs of these criminal networks and continuing our efforts against the Sinaloa Cartel.”

“The Sinaloa Cartel relies on members of our communities to distribute their drugs.  Because they manipulate our commercial distribution routes to make a buck, our streets are flooded with high purity and low cost methamphetamine,” said DEA Special Agent in Charge Karen Flowers.  “Without their distribution networks, such as the one dismantled today, cartels would not be able to operate drug businesses that rival Fortune 500 companies and dangerous drugs, like methamphetamine, would be scarce, expensive and of low purity.  The operation today will ultimately disrupt the supply chain, diminish profits and make it harder for the Sinaloa Cartel to do business in the United States.  Just as important, today’s operation sends a message: If you’re profiting from drug addiction, you will be pursued relentlessly by DEA, regardless of your role in the distribution network.”

“As alleged, the defendants ran a sophisticated network of drug trafficking and money laundering,” said Johnathan Smith, IRS Assistant Special Agent in Charge of the Los Angeles Field Office.   “This case demonstrates our ability to identify and trace even the most sophisticated drug trafficking and money laundering organizations.  IRS – Criminal Investigation, in conjunction with our law enforcement partners, will remain committed to disrupting the flow of illicit drug proceeds and dismantling the most sophisticated drug and money laundering organizations.”

“There is no place for illegal drugs in our communities,” said Undersheriff Michael Barnett. “Drugs ruin the life of the user and destroy families. Those who push drugs into our neighborhoods and homes must be held accountable. This massive operation was uncovered because of a Sheriff's Detective and DEA Special Agent who followed up on information. Working together, the Sheriff's Department will continue to target those responsible for distributing and selling illegal drugs in our communities.”

U.S. Attorney Brewer also praised federal, state, and local law enforcement for the coordinated team effort in the culmination of this investigation. This case was led by the Drug Enforcement Administration’s Narcotics Task Force (NTF) and the Internal Revenue Service. The NTF is a DEA-led task force comprised of federal and local law enforcement from the DEA, San Diego County Sheriff’s Department (SDSD), the San Diego Police Department (SDPD), the Escondido Police Department (EPD), United States Border Patrol (USBP), and the San Diego County Probation Office. Agents and officers from the United States Marshals Service, the United States Postal Inspection Service, and the Federal Bureau of Prisons, also provided vital assistance for the investigation. Attorneys from the Department of Justice, Office of Enforcement Operations, Electronic Surveillance Unit, likewise provided critical work as part of the investigative team. He also thanked our vital foreign law enforcement partners in the United Arab Emirates – the Abu Dhabi Police.

This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state, and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

The United States is represented in court by Assistant U.S. Attorneys Matthew J. Sutton and Ryan A. Sausedo.

The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Bridgeport Man Admits Committing Multiple Robberies

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John H. Durham, United States Attorney for the District of Connecticut, announced that ALVIN ROBERTSON, 56, of Bridgeport, pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of bank robbery and admitted that he committed a total of three bank robberies and two Subway store robberies in Connecticut last year.

According to court documents and statements made in court, on May 20, 2018, Robertson robbed a Subway store located at 9 Ethan Allen Highway in Ridgefield.  During the robbery Robertson brandished a knife, pointed it at the store clerk and stated, “Give me all your money or I will kill you.”

On July 22, 2018, Robertson robbed a Subway store located at 447 Monroe Turnpike in Monroe.  During the robbery, Robertson indicated that he had a gun.

Robertson also robbed a People’s United Bank branch at 470 Monroe Turnpike in Monroe on August 29, 2018; a People’s United Bank branch at 763 Straits Turnpike in Watertown on September 21, 2018, and a People’s United Bank branch at 1135 Farmington Avenue in Berlin on September 25, 2018.

Robertson has been detained since his arrest on related state charges on September 27, 2018.  At sentencing, he faces a maximum term of imprisonment of 20 years.  A sentencing date is not scheduled.

Robertson has prior federal and state bank robbery convictions.

This matter is being investigated by the Federal Bureau of Investigation and the Watertown, Ridgefield, Monroe and Berlin Police Departments.  The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.

National Institute of Justice Releases "Policing Research: If You Can't Find It, Do It."

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In this new NIJ video, Ken Clary, a captain with the Iowa State Patrol and an NIJ Law Enforcement Advancing Data and Science scholar, discusses the need to implement evidence-based practices for effective policing. Capt. Clary suggests that law enforcement agencies and officers should start by reviewing the existing body of knowledge. If they cannot find any applicable research, Clary suggests that they consider doing the research themselves. 
 
Watch the video at https://nij.gov/multimedia/Pages/video-policing-research-if-you-cant-find-it-do-it.aspx. For information on becoming a LEADS scholar or researcher, visit https://nij.gov/topics/law-enforcement/Pages/law-enforcement-advancing-data-and-science-program.aspx. Application deadline is May 31.

Clovis Man Sentenced to Almost 3 Years in Prison for Bank Fraud and Aggravated Identity Theft

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FRESNO, Calif. — Johnny Kajitani Jr., 47, of Clovis, was sentenced Monday to two years and 10 months in prison for bank fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced. In addition, U.S. District Judge Dale A. Drozd ordered Kajitani to pay almost $44,000 in restitution to his various victims.

According to court documents, Kajitani obtained the social security number of an individual without her knowledge. In October 2012, he used that social security number to apply for membership with a local credit union. Kajitani then used that social security number to apply for and obtain from the credit union a $30,000 vehicle loan and a Platinum Visa credit card with a $7,500 limit. The credit union ultimately suffered a loss of over $30,000.

Furthermore, in 2014, Kajitani obtained the personally identifiable information and social security number of another individual. In September 2014, Kajitani opened four credit cards using that social security number without the consent of the victim. After Kajitani defaulted on these credit cards, four different banks suffered a combined loss of almost $30,000.

This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Laura D. Withers prosecuted the case.

Charter School Founder and CEO Sentenced to 2½ Years in Federal Prison for Misappropriating $3.2 Million in Public Education Funds

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          LOS ANGELES – The founder and ex-chief executive officer of Celerity Educational Group, a Koreatown-based non-profit owner and operator of charter schools, was sentenced today to 30 months in federal prison for conspiring to misappropriate approximately $3.2 million in public education funds allocated to some of her company’s schools.

          Vielka Maritza McFarlane, 56, of Sylmar, was sentenced by United States District Judge R. Gary Klausner, who told her, “If you want to help your students, you can teach them that if they make mistakes, they have to pay the price and be responsible for their own actions.”

          McFarlane, who pleaded guilty on January 8 to one count of conspiracy to misappropriate and embezzle public funds, founded Celerity Educational Group in 2004 and served as its CEO until April 2015. Between April 2012 and April 2017, McFarlane also was CEO of Celerity Global Development, a non-profit California corporation, which provided various management services to the Celerity charter schools in exchange for a percentage of the schools’ revenues.

          From July 2009 to April 2017, McFarlane and her co-conspirators caused the Celerity charter schools and Celerity Educational Group to falsely certify to federal, state and local authorities that they were complying with all rules and regulations governing the use of public funds that they received. McFarlane used public funds – money that should have been spent on educational purposes at Celerity charter schools in Los Angeles, Compton and Pasadena – for a variety of personal expenses and improper expenditures.

          Those expenses included unauthorized first-class airfare and foreign travel, luxury items purchased from shops in Beverly Hills and Tokyo, expensive meals at high-end restaurants, airfare and lodging for herself, her family members, and others in January 2013 to attend President Barack Obama’s second inauguration, and customized recreational bicycles for the use of McFarlane and her spouse.

          “Every dollar defendant spent on herself and her family members, whether it was for alcoholic drinks at expensive restaurants or checked bags for her trip to Washington, D.C., for a presidential inauguration, was a dollar less for the underserved yet deserving children of the Celerity Charter Schools and an insult to the hardworking individuals of Los Angeles who pay their taxes to help fund these needed schools,” prosecutors wrote in the government’s sentencing papers.

          From late 2012 to June 2014, McFarlane also conspired to use approximately $3 million in public funds – a substantial portion of which came from the United States Department of Education – awarded to Celerity’s charter schools in Los Angeles to purchase and renovate an office building in Columbus, Ohio, where she oversaw the founding of a separate charter school.

          McFarlane also used public funds awarded to the Celerity charters schools in 2013 to pay $157,957 for the security deposit, monthly rent and renovations at a soundstage and recording studio in Canoga Park, which was rarely used by the Celerity charter schools. McFarlane pursued a proposal to allow a digital-production company to use the studio space in exchange for 200,000 shares in the digital-production company, which would have been issued to a separate for-profit media-production business called The Muse Collective.

          She admitted in her plea agreement that the payments for her personal use, the Ohio property purchase, and the Canoga Village studio were improper; she lacked authorization to make those payments and expenditures; and the payments violated rules, regulations and laws governing the use of public funds that the Celerity charter schools received.

          Grace Canada, another Celerity executive, has pleaded not guilty to a 23-count federal grand injury indictment alleging conspiracy and wire fraud, among other offenses. She is scheduled to go to trial on November 12.

          In June 2017, the U.S. Attorney’s Office entered into a Non-Prosecution Agreement with Celerity Educational Group, now known as ISANA Academies, in which ISANA recognized and acknowledged the misconduct committed by McFarlane, agreed to cooperate fully with the government’s investigation, and agreed to implement certain reforms designed to ensure that similar conduct does not occur again.

          By entering into the Non-Prosecution Agreement, the U.S. Attorney’s Office recognized that ISANA is responsible for educating thousands of students from underserved neighborhoods throughout Los Angeles County, and has demonstrated a strong commitment to its students and their academic achievement. The reforms now implemented by ISANA should allow it to continue serving its students and communities. The United States Attorney’s Office recognizes the cooperation of ISANA and its board of directors throughout its ongoing investigation.

          This case was investigated by the United States Department of Education, Office of Inspector General; the Federal Bureau of Investigation, the United States Postal Inspection Service; IRS Criminal Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the United States Secret Service. The Los Angeles Unified School District’s Office of Inspector General was also part of the investigative team and has played an instrumental role in the ongoing investigation.

          This case is being prosecuted by Assistant United States Attorneys Julian L. André and Valerie L. Makarewicz of the Major Frauds Section.

Niagara Falls Man Indicted On Multiple Charges, Including Making And Possessing An Explosive Device

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BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 12-count indictment charging Jeffrey Richards, 28, of Niagara Falls, NY, with narcotics conspiracy; possession with intent to distribute acetyl fentanyl, fentanyl, cocaine, marijuana, and alprazolam; maintaining a drug involved-premises; manufacturing controlled substances creating a substantial risk of harm to human life; unlawfully making and possessing a destructive device; possession of firearms in furtherance of drug trafficking; and, possession of a stolen firearm. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life in prison, and fine of $5,000,000.

Assistant U.S. Attorneys Timothy C. Lynch and Brendan T. Cullinane, who are handling the case, stated that on December 14, 2018, law enforcement officers executed a search warrant at the defendant’s residence on Packard Court in Niagara Falls. At that time, officers recovered, among other items, amounts of acetyl fentanyl, fentanyl, cocaine, marijuana, alprazolam, approximately ten firearms, various rounds of ammunition, drug trafficking paraphernalia, and an improvised destructive device. Officers also recovered various items used in the manufacturing of destructive devices.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is currently detained pending further proceedings.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata, and the Niagara County Sheriff's Department, under the direction of Sheriff James Voutour.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Former employee of bail bonding company sentenced for tax fraud

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WHEELING, WEST VIRGINIA –Jolynn Gilchrist, of Wheeling, West Virginia, was sentenced today to two years probation for tax fraud, United States Attorney Bill Powell announced.

Gilchrist, age 50, former employee W&S Bail Bonding, doing business as A Bail Bonding by ABC of Wheeling, West Virginia, pled guilty to one count of “False Tax Return” in June 2018. Gilchrist admitted to filing an inaccurate federal tax return for the 2015 tax year.

Gilchrist was also ordered to pay $2,028 in restitution to the Internal Revenue Service.

Assistant U.S. Attorneys Jarod J. Douglas and Shawn M. Adkins prosecuted the case on behalf of the government. The Federal Bureau of Investigation, the Internal Revenue Service, the West Virginia Commission on Special Investigations, and the West Virginia State Police investigated.

U.S. District Judge John Preston Bailey presided.

Prison Consultant Pleads Guilty to Participating in Conspiracy to Defraud Federal Bureau of Prisons

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John H. Durham, United States Attorney for the District of Connecticut, announced that CONSTANCE MOERLAND, 33, of Hudsonville, Michigan, pleaded guilty today in New Haven federal court to conspiring to defraud the Federal Bureau of Prisons (“BOP”).  The offense stems her role in a scheme to qualify prospective and current federal inmates who do not require substance abuse treatment for admission into a Federal Bureau of Prisons program that, if completed successfully, will result in a shortened prison term.

According to court documents and statements made in court, the Residential Drug Abuse Program (“RDAP”) is a 500-hour substance abuse treatment program that is administered by the BOP.  In order to gain admission to the RDAP, a federal inmate must meet certain criteria, including having a diagnosable and verifiable drug or alcohol abuse disorder.  By successfully completing the RDAP, an inmate can qualify for up to 12 months in early release from custody.

Moerland was employed by Michigan-based RDAP Law Consultants, LLC, where she solicited and engaged prospective clients of the company.  In that capacity, Moerland regularly contacted federal defendants and inmates with offers to assist, for a fee, those defendants and inmates in applying and qualifying for admission to the RDAP.  Although Moerland knew that many of the company’s clients did not abuse alcohol or drugs and were ineligible for the RDAP, she coached them how to feign or exaggerate a drug or alcohol disorder, and to make false statements to the BOP so they could gain admission to the RDAP.

Moerland was arrested on January 23, 2019.

Moerland is scheduled to be sentenced by U.S. Judge Jeffrey A. Meyer on August 21, 2019, at which time Moerland faces a maximum term of imprisonment of five years.  She is released pending sentencing.

This investigation is being conducted by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division.  The case is being prosecuted by Trial Attorney Avi Perry of the Department of Justice’s Fraud Section, who has been designated as a Special Assistant U.S. Attorney for this matter, and by Assistant U.S. Attorney Jonathan N. Francis of the District of Connecticut.

U.S. Attorney Durham thanked Assistant U.S. Attorney Meredith George Thomas of the U.S. Attorney’s Office for the Southern District of West Virginia, and Assistant U.S. Attorney Raymond E. Beckering III of the U.S. Attorney’s Office for the Western District of Michigan, for their assistance in this matter.

Agency Village Man Sentenced for Sexual Abuse of a Minor

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United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man convicted of sexual abuse of a minor was sentenced on May 20, 2019, by U.S. District Jude Charles B. Kornmann.

Sylanus Flute, age 25, was sentenced to 50 months in federal prison, to be followed by 5 years of supervised release.  He was ordered to pay $100 to the Federal Crime Victims Fund.

According to court documents, between February and April of 2017, Flute engaged in sexual acts with a juvenile female under the age of 16.  Flute was over 22 years old when he engaged in the sexual acts.  The sexual acts were nonconsensual.

The investigation was conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.  

Flute was remanded to the custody of the U.S. Marshals Service.
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