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Miami Man Arrested for Making On-Line Rape and Murder Threats

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Miami, Florida – The federal government has criminally charged a 35-year-old Miami man for using an on-line messaging system to threaten others with rape and murder.

According to the allegations of the criminal complaint affidavit, Matthew James Choy sent on-line messages to at least two people located outside the state of Florida. The affidavit alleges that in the messages, Choy threatened to rape and kill the victims and their families. According to one example set forth in the affidavit, Choy allegedly wrote to a victim that Choy knew he was “probably being investigated,” that if he was going to jail then “someone is getting killed,” and that he would not be going to jail “for anything less than murder.” In another example, Choy allegedly wrote to a victim that if he had to “slaughter a family so be it,” and that if he had to “make a pit stop to rape and kill your sister so be it.” According to the affidavit, in his messages, Choy allegedly admitted to owning firearms.

Choy had his initial appearance last week before U.S. Magistrate Judge Lauren F. Louis in Miami, during which the judge held part of Choy’s detention hearing. Judge Louis will continue the detention hearing on Tuesday, March 24.  

Criminal complaints and their affidavits are allegations of criminal conduct. A defendant is presumed innocent until found guilty.

Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.

U.S. Attorney Fajardo Orshan commended the investigative efforts of FBI and Homestead Police Department. Assistant U.S. Attorney Karen Gilbert is prosecuting this case.

The Justice Department and the Federal Trade Commission Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts

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The U.S. Department of Justice Antitrust Division and the Federal Trade Commission (FTC) today issued a joint statement detailing an expedited antitrust procedure and providing guidance for collaborations of businesses working to protect the health and safety of Americans during the COVID-19 pandemic.

The expedited procedure notes, for example, that health care facilities may need to work together in providing resources and services to assist patients, consumers, and communities affected by the pandemic and its aftermath. Other businesses may need to temporarily combine production, distribution, or service networks to facilitate production and distribution of COVID-19-related supplies.

Under the expedited procedure for COVID-19 public health projects, the agencies will respond to all COVID-19-related requests, and resolve those addressing public health and safety, within seven calendar days of receiving all information necessary to vet these proposals. The statement sets out the instructions for businesses wishing to take advantage of this procedure.

The expedited COVID-19 procedure offers quicker review than existing FTC and Justice Department programs that are designed to provide guidance to businesses concerned about the legality of proposed conduct under the antitrust laws. The FTC’s “Staff Advisory Opinion” procedure and DOJ’s “Business Review Letter” procedure allow any firm, individual, or group of firms or individuals to submit a proposal to the agencies and to receive a statement advising whether the agencies would challenge the proposed activity under the antitrust laws.

“The Antitrust Division recognizes the importance of providing expeditious clarity on any antitrust obligations in this challenging time,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Our expedited Business Review Letter procedure will help facilitate businesses that want to work quickly to address the urgent public health and economic needs associated with COVID 19.” 

“Under these extraordinary circumstances, we understand that businesses collaborating on public health initiatives may need an expedited response from U.S. antitrust authorities,” said FTC Chairman Joe Simons. “We are committed to doing everything we can to help with these efforts, while continuing to aggressively enforce the antitrust laws.”

The antitrust laws accommodate procompetitive collaborations among competitors. In their joint statement, the FTC and the Department of Justice listed several types of collaborative activities designed to improve the health and safety response to the pandemic that would likely be consistent with the antitrust laws.

At the same time, the agencies also stressed that they will not hesitate to hold accountable those who try to use the pandemic to engage in antitrust violations. In addition, the Department of Justice will criminally prosecute conduct such as price-fixing, bid-rigging, or market allocation.

The expedited procedure requires that an applicant provide the FTC or Justice Department a written description of the proposal, including the parties that would be involved in the effort or activity, and the name and contact information of a person from whom the agencies could obtain additional information. This expedited procedure is for use solely for coronavirus-related public health efforts and may be invoked at the option of the requestor, in lieu of the agencies’ standard procedures for handling requests for advice.

The agencies also committed to expedite requests under the National Cooperative Research and Production Act for flexible treatment of certain standard development organizations and joint ventures.

The statement also notes that the FTC and the Justice Department are addressing actions by individuals and businesses to take advantage of COVID-19 through other fraudulent and illegal schemes. Anyone with information or concerns about this sort of conduct, or other COVID-19-related complaints, should contact the FTC’s Consumer Response Center at 1-877-382-4357 or the National Center for Disaster Fraud Hotline (1-866-720-5721) or e-mail (disaster@leo.gov). More information on the FTC’s guidance on potential fraud, deceptive practices, and scams is available here, and to report a complaint go to www.ftc.gov/complaint.

Seven Defendants Charged In Manhattan Federal Court With Committing Murder, Robbery, Narcotics, And Firearms Offenses

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Nazeem Francis, Jonathan Colon, and Julio Ozuna Are Charged with the September 2018 Murder of Christopher Pierce

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of a Superseding Indictment charging NAZEEM FRANCIS, a/k/a “Naz,” JONATHAN COLON, a/k/a “Johnny Blaze,” a/k/a “JB,” JULIO OZUNA, a/k/a “JJ,” a/k/a “Josh Balla,” a/k/a “Chocolate,” PRINCE GAINES, a/k/a “Poodie,” ERICK OLEAGA, a/k/a “E.D.,” VICTOR MARTINEZ, and KHALIL SUGGS, a/k/a “KI,” with crimes including murder, robbery, robbery conspiracy, narcotics distribution conspiracy, and firearms offenses.

Five defendants were arrested today and will be presented this afternoon before United States Magistrate Judge Sarah L. Cave.  Two defendants were already in custody and will be presented at a later date.  The case has been assigned to United States District Judge Mary Kay Vyskocil.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged in the indictment, the defendants brought violence and drugs to the streets of the Bronx.  Now, thanks to our outstanding law enforcement partners at the FBI and the NYPD, these defendants face charges in federal court.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: "This investigation illustrates the extremes violent gang members will go to, all in the pursuit of making easy money.  The arrests and announcement today also demonstrate that while much of the world is rightly slowing down, FBI special agents and detectives on the New York FBI Metro Safe Streets Gang Task Force will continue the extremely critical work of keeping criminals from putting more lives in danger."

According to the allegations in the Superseding Indictment[1] unsealed today in Manhattan federal court:

On or about September 3, 2018, FRANCIS, COLON, and OZUNA aided and abetted the shooting and killing of Christopher Pierce in the Bronx, New York, following the attempted robbery of Pierce’s friend, a marijuana dealer.  FRANCIS, COLON, and OZUNA are also charged with attempted robbery and robbery conspiracy based on their participation in the botched robbery that led to Pierce’s death.

COLON, OZUNA, GAINES, OLEAGA, MARTINEZ, and SUGGS are charged with participating in a conspiracy to distribute cocaine and crack cocaine from in or about 2018 through in or about March 2020.

On or about November 18, 2019, SUGGS brandished a firearm, and aided and abetted the same, in furtherance of the drug trafficking conspiracy.

On or about January 19, 2020, OZUNA robbed an individual at gunpoint.  OZUNA is charged with robbery, robbery conspiracy, and brandishing a firearm based on his participation in that gunpoint robbery.

*                *                *

A chart containing the names, charges, and maximum and minimum penalties for the defendants is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI’s Safe Streets Task Force, as well as NYPD’s 43rd Police Precinct and Bronx Narcotics.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Allison Nichols and Jamie Bagliebter are in charge of the prosecution.

The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

Cedar Rapids Man Sentenced to Nearly a Decade in Federal Prison for Unlawfully Possessing a Gun During Home Invasion

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Broke Into a House to Steal Drugs and Money

A Cedar Rapids man who went with an associate to rob others of money and drugs using a firearm was sentenced March 23, 2020, to 114 months in federal prison.

Carl McArthur, age 40, from Cedar Rapids, Iowa, received the prison sentence following an October 24, 2019 jury verdict.  The jury deliberated for nine hours before finding McArthur guilty of one count of being in possession of a firearm, specifically a Taurus .45LC/.410 caliber “Judge” handgun, after having been convicted of a 2003 misdemeanor domestic abuse assault in Linn County, Iowa, and a 2009 federal felony firearm conviction.

The evidence at trial and sentencing showed that on March 17, 2018, McArthur and an associate entered a house on the southwest side of Cedar Rapids.  They were armed with firearms.  McArthur and his associate planned to rob the occupants of the house of any money or methamphetamine in their possession.  Three of the occupants of the house testified that McArthur and his associate forced their way into the house, assaulted them, and threatened to shoot them and pour hot grease on them in an effort to get money and drugs from them.  One of the occupants called 911, and officers from the Cedar Rapids Police Department responded within minutes.  The officers found McArthur inside the residence, and his associate was outside.  The associate fled the scene, leaving behind the ski mask he wore to conceal his identity.  Officers searched the house and found a Taurus .45LC/.410 caliber “Judge” handgun, a 9mm handgun, methamphetamine, and drug paraphernalia.

McArthur was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  McArthur was sentenced to 114 months’ and 20 days’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Patrick Reinert and was investigated by Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from its Project Guardian partners.  For more information about Project Guardian, please see https://www.justice.gov/ag/page/file/1217186/download.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

Reseda Man Arrested on Federal Charges Alleging Storage Unit Burglaries and Sale of Stolen Firearms to Convicted Felons

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          LOS ANGELES – A San Fernando Valley man has been arrested on federal charges alleging he and two other men broke into self-storage units in Los Angeles County, stole dozens of firearms, and sold at least some of the weapons to convicted felons.

          Rick Eric Herst, 34, a.k.a. “Loyal,” of Reseda, was taken into federal custody Monday by special agents with the FBI and deputies with the Los Angeles County Sheriff’s Department.

          Herst was arrested pursuant to an eight-count indictment that was unsealed at his arraignment late Monday in United States District Court in downtown Los Angeles. He pleaded not guilty to the charges, and a May 19 trial date was set.

          Herst is named in the indictment along with Jeffrey James LaFraniere, 37, of the San Fernando Valley, and Alan Elperin, 29, of Mission Hills, both of whom were arrested by local law enforcement in June 2019 on separate cases and are now in federal custody.

          All three defendants are charged with one count of conspiracy, one count of dealing firearms without a license, and two counts of selling stolen firearms.

          In addition to these charges, LaFraniere and Herst face charges of selling firearms to convicted felons, and each being a felon in possession of a firearm.

          The indictment alleges that from December 2018 to September 2019, LaFraniere, Herst and Elperin burglarized multiple self-storage units in Glendale, Valencia, Culver City, West Los Angeles and elsewhere, where they stole firearms and other valuables. The men allegedly offered the stolen firearms for sale to customers either in person or via text message. LaFraniere and Herst sold the firearms to buyers they knew were convicted felons, according to the indictment.

          For example, on May 30, 2019, the men allegedly burglarized a self-storage facility in Valencia and stole 35 firearms, including multiple .45-caliber pistols, 12-gauge shotguns, and high-powered rifles, the indictment alleges. On the same day as the Valencia burglary, LaFraniere and Herst allegedly sold two of the stolen firearms – a .45-caliber pistol and a .40-caliber pistol – to a buyer.

          In total, the defendants stole 47 firearms, according to the indictment.

          LaFraniere has multiple felony convictions in Los Angeles Superior Court between July 2007 and August 2016 for offenses such as burglary, identity theft and possession of methamphetamine for sale, according to the indictment. Herst’s criminal history includes two felony convictions in Los Angeles Superior Court in 2009 for vehicle theft, the indictment states.

          An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

          If convicted of all charges, LaFraniere and Herst would face a statutory maximum sentence of 60 years in federal prison, and Elperin would face a statutory maximum sentence of 30 years in federal prison.

          This case was investigated by the FBI Eurasian Organized Crime Task Force and the Los Angeles County Sheriff’s Department.

          This matter is being prosecuted by Assistant United States Attorney Ian V. Yanniello of the International Narcotics, Money Laundering, and Racketeering Section.

Lehigh Valley Attorney Indicted for Orchestrating $2.7 Million Ponzi Scheme that Targeted His Own Clients to Invest in Fake Business Opportunities

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PHILADELPHIA – United States Attorney William M. McSwain announced that Todd H. Lahr, 60, of Nazareth, PA, was charged by Superseding Indictment with one count of conspiracy to commit securities fraud and wire fraud, two counts of securities fraud, and four counts of wire fraud. The charges were unsealed today in the Eastern District of Pennsylvania.  

The Superseding Indictment alleges that Lahr, an attorney licensed to practice law in Pennsylvania, perpetrated a multiyear securities fraud scheme that targeted his own law clients. The scheme involved the fraudulent sale of the securities of two entities, THL Holdings, LLC and Ferran Global Holdings, Inc. Lahr raised funds for the two companies by soliciting investments from his clients, telling them that their money would be used for a variety of business opportunities, most prominently, a mining operation in Papua New Guinea. According to the Superseding Indictment, these opportunities were non-existent; instead, Lahr used the investor funds to finance his own lifestyle, paying his home mortgage, his child’s school tuition, utility bills, and other personal debt. Total investor losses are estimated to be over $2.7 million.

In addition to the criminal charges Lahr is facing, the U.S. Securities and Exchange Commission (SEC) filed a parallel civil enforcement action in the Eastern District of Pennsylvania today based on the same course of conduct. The SEC Complaint charges Lahr and another individual, Thomas Megas, with multiple securities fraud violations and seeks disgorgement, prejudgment interest, civil money penalties, and injunctions against future violations of the federal securities laws against both defendants.

“Lawyers are entrusted to uphold the law, not break it,” said U.S. Attorney McSwain. “And what is particularly disturbing here is that Lahr allegedly targeted the very people he owed a duty of loyalty to – his clients. Instead of serving their interests, he allegedly stole almost $3 million from them so he could indulge himself. I want to thank our law enforcement partners at the FBI and SEC, along with the attorneys in the Fraud Section of the Department of Justice, who worked with my Office to put an end to this fraud and hold the defendant accountable.”

“Todd Lahr's clients thought he was a man of his word,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “Little did they know he would take full advantage of that trust, diverting and using their money as his own. The FBI is fighting every day to shut down financial fraudsters like this, find justice for their victims, and protect the public.”

The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael J. Rinaldi and Trial Attorney Philip B. Trout of the U.S. Department of Justice, Criminal Division, Fraud Section. The U.S. Attorney’s Office appreciates the substantial assistance of the U.S. Securities and Exchange Commission in this matter.

An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

Four Poughkeepsie Individuals Charged In White Plains Federal Court With Narcotics Offenses

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Law Enforcement Recovered Approximately 15 Kilograms of Narcotics and Three Firearms During Search Operations

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Ray Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), Keith M. Corlett, Superintendent of the New York State Police (“NYSP”), and Thomas Pape, Chief of Police for the City of Poughkeepsie, announced charges today against MICHAEL NICHOLAS, a/k/a “Pop,” DARREN PARKER, a/k/a “Born,” REGINA CUMMINGS, a/k/a “Gina,” and JAQUON DANCY, a/k/a “Wiz,” with various narcotics-related offenses.  During search warrant operations of NICHOLAS’s residence in Poughkeepsie, New York, law enforcement recovered approximately 15 kilograms of narcotics, including powder cocaine, heroin, crack cocaine, and approximately 1.5 kilograms of substances containing fentanyl.  Three firearms were also recovered from NICHOLAS’s residence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, these defendants trafficked in large amounts of fentanyl and other narcotics in and around Dutchess County.  Fentanyl is one of the leading causes of overdose deaths and it has devastated communities across Dutchess County and the Southern District of New York.  I commend our law enforcement partners in stopping those who allegedly traffic in fentanyl and other narcotics.”

DEA Special Agent in Charge Ray Donovan said:  “The fact that these individuals are facing charges today demonstrates the degree of danger their alleged drug trafficking was to the City of Poughkeepsie.  I commend our law enforcement partners who continue to keep our cities safe.”

NYSP Superintendent Keith M. Corlett said:  “Once again, excellent police work by our federal, state and local departments has dismantled an alleged drug operation, put four allegedly dangerous individuals behind bars and seized drugs, cash and weapons. As alleged, these dealers were selling and transporting fentanyl, heroin and crack cocaine throughout the Poughkeepsie area. I applaud the hard work of the members involved in this investigation and together we will continue the fight to keep drugs off our streets.”

As alleged in the Indictments unsealed today and statements made in Court proceedings[1]:

From at least September 2018 till February 2020, MICHAEL NICHOLAS and DARREN PARKER conspired to distribute 400 grams or more of mixtures and substances containing fentanyl.

In addition, from at least January 2020 up to and including March 2020, NICHOLAS and REGINA CUMMINGS conspired to distribute 28 grams or more of crack cocaine.

Finally, in March 2020, JAQUON DANCY conspired with others to distribute 40 grams or more mixtures and substances containing fentanyl.

The defendants were arrested early this morning.  Law enforcement recovered approximately 15 kilograms of narcotics and three firearms during search operations.

*                *                *

NICHOLAS, 33, of Poughkeepsie, New York, is charged with one count of conspiring to distribute 400 grams or more of mixtures and substances containing fentanyl, which carries a mandatory minimum of 10 years in prison and a maximum sentence of life in prison.  He is also charged with one count of conspiring to distribute 28 grams or more of crack cocaine, which carries a maximum sentence of 40 years in prison.

PARKER, 51, of Poughkeepsie, New York, is charged with one count of conspiring to distribute 400 grams or more of mixtures and substances containing fentanyl, which carries a mandatory minimum of 10 years in prison and a maximum sentence of life in prison.

CUMMINGS, 51, is charged with one count of conspiring to distribute 28 grams or more of crack cocaine, which carries a mandatory minimum of five years in prison and a maximum sentence of 40 years in prison.

DANCY, 25, is charged with one count of conspiring to distribute 40 grams or more of mixtures and substances containing fentanyl, which carries a mandatory minimum of five years in prison and a maximum sentence of 40 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 defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the DEA, the NYSP, and the City of Poughkeepsie Police Department.

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorney Shiva H. Logarajah is in charge of the prosecution.

The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.


[1] As the introductory phrase signifies, the entirety of the texts of the Indictments and the descriptions of the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.

Tampa Man Arrested For Distributing Heroin And Fentanyl, Causing Death

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Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a criminal complaint and arrest charging Isaiah Reed (30, Tampa) with conspiracy to distribute and possess with intent to distribute a mixture and substance containing a detectable amount of heroin and fentanyl. If convicted, he faces a maximum penalty of life imprisonment.

According to the criminal complaint, on September 19, 2019, Reed sold a victim a controlled substance that contained fentanyl. The victim injected the substance, became unresponsive, and died. The Hillsborough County Medical Examiner’s Office determined that the victim suffered an accidental death caused by the combined effects of fentanyl, methamphetamine, and heroin.

A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

The case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. It was investigated by the Hillsborough County Sheriff’s Office and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.  

Buffalo Man Pleads Guilty To Cocaine Conspiracy

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BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Keith Cooley, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to distribute 28 grams or more of crack cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Charles J. Volkert, who is handling the case, stated that between March and May 16, 2019, the defendant conspired with others to distribute crack cocaine in the Silver Creek area.
Between April 3 and May 9, 2019, investigators conducted six controlled purchases of crack cocaine from either the defendant or a co-defendant. On May 16, 2019, investigators executed a search warrant at an apartment on Central Avenue in Silver Creek. They recovered digital scales containing cocaine residue, a small amount of illegal narcotics, and approximately $700. Cooley was arrested at the scene.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff's Office Lieutenant Ronald Lott; the Evans Police Department, under the direction of Chief Douglas J. Czora; and the New York State Police, under the direction of Major James Hall.

Sentencing is scheduled for July 14, 2020, before Judge Sinatra.

Nicolás Maduro Moros and 14 Current and Former Venezuelan Officials Charged with Narco-Terrorism, Corruption, Drug Trafficking and Other Criminal Charges

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Maduro and Other High Ranking Venezuelan Officials Allegedly Partnered With the FARC to Use Cocaine as a Weapon to “Flood” the United States

Fomer President of Venezuela Nicolás Maduro Moros, Venezuela’s vice president for the economy, Venezuela’s Minister of Defense, and Venezuela’s Chief Supreme Court Justice are among those charged in New York City; Washington, DC; and Miami, along with current and former Venezuelan government officials as well as two Fuerzas Armadas Revolucionarias de Colombia (FARC) leaders, announced U.S. Attorney General William P. Barr, U.S. Attorney Geoffrey S. Berman of the Southern District of New York, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA) and Acting Executive Associate Director Alysa D. Erichs of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).

“The Venezuelan regime, once led by Nicolás Maduro Moros, remains plagued by criminality and corruption,” said Attorney General Barr.  “For more than 20 years, Maduro and a number of high-ranking colleagues allegedly conspired with the FARC, causing tons of cocaine to enter and devastate American communities.  Today’s announcement is focused on rooting out the extensive corruption within the Venezuelan government – a system constructed and controlled to enrich those at the highest levels of the government.  The United States will not allow these corrupt Venezuelan officials to use the U.S. banking system to move their illicit proceeds from South America nor further their criminal schemes.”

“Today we announce criminal charges against Nicolás Maduro Moros for running, together with his top lieutenants, a narco-terrorism partnership with the FARC for the past 20 years,” said U.S. Attorney Geoffrey S. Berman.  “The scope and magnitude of the drug trafficking alleged was made possible only because Maduro and others corrupted the institutions of Venezuela and provided political and military protection for the rampant narco-terrorism crimes described in our charges.  As alleged, Maduro and the other defendants expressly intended to flood the United States with cocaine in order to undermine the health and wellbeing of our nation.  Maduro very deliberately deployed cocaine as a weapon.  While Maduro and other cartel members held lofty titles in Venezuela’s political and military leadership, the conduct described in the Indictment wasn’t statecraft or service to the Venezuelan people.  As alleged, the defendants betrayed the Venezuelan people and corrupted Venezuelan institutions to line their pockets with drug money.”

“Over the last decade, corrupt Venezuelan government officials have systematically looted Venezuela of billions of dollars,” said U.S. Attorney Ariana Fajardo Orshan.  “Far too often, these corrupt officials and their co-conspirators have used South Florida banks and real estate to conceal and perpetuate their illegal activity.  As the recent charges show, Venezuelan corruption and money laundering in South Florida extends to even the highest levels of Venezuela’s judicial system.  In the last couple of years, the US Attorney’s Office in South Florida and its federal law enforcement partners have united to bring dozens of criminal charges against high-level regime officials and co-conspirators resulting in seizures of approximately $450 million dollars.” 

“These indictments expose the devastating systemic corruption at the highest levels of Nicolas Maduro’s regime,” said DEA Acting Administrator Uttam Dhillon.  “These officials repeatedly and knowingly betrayed the people of Venezuela, conspiring, for personal gain, with drug traffickers and designated foreign terrorist organizations like the FARC.  Today’s actions send a clear message to corrupt officials everywhere that no one is above the law or beyond the reach of U.S. law enforcement.  The Department of Justice and the Drug Enforcement Administration will continue to protect the American people from ruthless drug traffickers – no matter who they are or where they live.”

“The collaborative nature of this investigation is representative of the ongoing work HSI and international law enforcement agencies perform each day, often behind the scenes and unknown to the public, to make our communities safer and free from corruption,” said HSI’s Acting Executive Associate Director Alysa D. Erichs.  “Today’s announcement highlights HSI’s global reach and commitment to aggressively identify, target and investigate individuals who violate U.S. laws, exploit financial systems, and hide behind cryptocurrency to further their illicit criminal activity.  Let this indictment be a reminder that no one is above the law - not even powerful political officials.”

A four-count superseding indictment unsealed today in the Southern District of New York (SDNY) charges Nicolás Maduro Moros, 57; Diosdado Cabello Rondón, 56, head of Venezuela’s National Constituent Assembly; Hugo Armando Carvajal Barrios aka “El Pollo,” 59, former director of military intelligence; Clíver Antonio Alcalá Cordones, 58, former General in the Venezuelan armed forces; Luciano Marín Arango aka “Ivan Marquez,” 64, a member of the FARC’s Secretariat, which is the FARC’s highest leadership body; and Seuxis Paucis Hernández Solarte aka “Jesús Santrich,” 53, a member of the FARC’s Central High Command, which is the FARC’s second-highest leadership body.  The case is pending before U.S. District Judge Alvin K. Hellerstein.

The U.S. Department of State, through its Narcotics Rewards Program, is offering rewards of up to $15 million for information leading to the arrest and/or conviction of Maduro Moros, up to $10 million for information leading to the arrest and/or conviction of Cabello Rondón, Carvajal Barrios, and Alcalá Cordones, and up to $5 million for information leading to the arrest and/or conviction of Marín Arango.

Maduro Moros, Cabello Rondón, Carvajal Barrios, Alcalá Cordones, Marín Arango, and Hernández Solarte have each been charged with: (1) participating in a narco-terrorism conspiracy, which carries a 20-year mandatory minimum sentence and a maximum of life in prison; (2) conspiring to import cocaine into the United States, which carries a 10-year mandatory minimum sentence and a maximum of life in prison; (3) using and carrying machine guns and destructive devices during and in relation to, and possessing machine guns and destructive devices in furtherance of, the narco-terrorism and cocaine-importation conspiracies, which carries a 30-year mandatory minimum sentence and a maximum of life in prison; and (4) conspiring to use and carry machine guns and destructive devices during and in relation to, and to possess machine guns and destructive devices in furtherance of, the narco-terrorism and cocaine-importation conspiracies, which carries a maximum sentence of life in prison.  The potential mandatory minimum and maximum sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

According to the allegations contained in the superseding indictment, other court filings, and statements made during court proceedings:

Since at least 1999, Maduro Moros, Cabello Rondón, Carvajal Barrios and Alcalá Cordones, acted as leaders and managers of the Cártel de Los Soles, or “Cartel of the Suns.”  The Cartel’s name refers to the sun insignias affixed to the uniforms of high-ranking Venezuelan military officials.  Maduro Moros and the other charged Cartel members abused the Venezuelan people and corrupted the legitimate institutions of Venezuela—including parts of the military, intelligence apparatus, legislature, and the judiciary—to facilitate the importation of tons of cocaine into the United States.  The Cártel de Los Soles sought to not only enrich its members and enhance their power, but also to “flood” the United States with cocaine and inflict the drug’s harmful and addictive effects on users in the United States.

Marín Arango and Hernández Solarte are leaders of the FARC.  Beginning in approximately 1999, while the FARC was purporting to negotiate toward peace with the Colombian government, FARC leaders agreed with leaders of the Cártel de Los Soles to relocate some of the FARC’s operations to Venezuela under the protection of the Cartel.  Thereafter, the FARC and the Cártel de Los Soles dispatched processed cocaine from Venezuela to the United States via transshipment points in the Caribbean and Central America, such as Honduras.  By approximately 2004, the U.S. Department of State estimated that 250 or more tons of cocaine were transiting Venezuela per year.  The maritime shipments were shipped north from Venezuela’s coastline using go-fast vessels, fishing boats, and container ships.  Air shipments were often dispatched from clandestine airstrips, typically made of dirt or grass, concentrated in the Apure State. According to the U.S. Department of State, approximately 75 unauthorized flights suspected of drug-trafficking activities entered Honduran airspace in 2010 alone, using what is known as the “air bridge” cocaine route between Venezuela and Honduras.

In his role as a leader of the Cártel de Los Soles, Maduro Moros negotiated multi-ton shipments of FARC-produced cocaine; directed that the Cártel de Los Soles provide military-grade weapons to the FARC; coordinated foreign affairs with Honduras and other countries to facilitate large-scale drug trafficking; and solicited assistance from FARC leadership in training an unsanctioned militia group that functioned, in essence, as an armed forces unit for the Cártel de Los Soles.

DEA’s Special Operations Division Bilateral Investigations Unit, New York Strike Force, and Miami Field Division conducted the investigation.  This case is being handled by the U.S. Attorney’s Office for the Southern District of New York’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Amanda L. Houle, Matthew J. Laroche, Jason A. Richman, and Kyle A. Wirshba are in charge of the prosecution.

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An indictment unsealed today in the District of Columbia charges Vladimir Padrino Lopez, 56, Minister of Defense of Venezuela. The indictment alleges that from March 2014 until May 2019, Padrino Lopez conspired with others to distribute cocaine on board an aircraft registered in the United States.

Padrino Lopez, who holds the rank of General in the Venezuelan armed forces, held the authority for interdicting aircraft, many of which are registered in the United States, suspected of being used to traffic drugs from Venezuela to countries in Central America.  On numerous occasions, Padrino Lopez ordered or authorized the Venezuelan military to force suspected trafficking aircraft to land or to shoot down the aircraft.  However, Padrino Lopez allowed for other aircraft whose drug trafficking coordinators paid bribes to him to safely transit Venezuelan airspace.

On Sept. 25, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) included Padrino Lopez on its Specially Designated Nationals List.  Pursuant to the Foreign Narcotics Kingpin Designation Act, this means that his assets are blocked and U.S. persons are generally prohibited from having financial transactions with him.

The DEA Orlando District Office led the investigation, which was supported by the Organized Crime Drug Enforcement Task Force program and the Criminal Division’s Office of Enforcement Operations. Acting Deputy Chief Charles Miracle and Trial Attorneys Michael Christin and Kirt Marsh of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.

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Maikel Jose Moreno Perez, 54, current Chief Justice of the Venezuelan Supreme Court, was charged via a criminal complaint in the Southern District of Florida with conspiracy to commit money laundering and money laundering in connection with the alleged corrupt receipt or intended receipt of tens of millions of dollars and bribes to illegally fix dozens of civil and criminal cases in Venezuela. 

The complaint alleges, for example, that the defendant authorized a seizure and sale of a General Motors auto plant with an estimated value of $100 million in exchange for a personal percentage of the proceeds.  Similarly, the complaint alleges that the defendant received bribes to authorize the dismissal of charges or release against Venezuelans, including one charged in a multibillion-dollar fraud scheme against the Venezuelan state-owned oil company.

According to the criminal complaint, in or around October 2014, Moreno Perez told U.S. authorities in a visa application that he earned the equivalent of about $12,000 per year from his work in Venezuela. From 2012 to 2016, the defendant’s U.S. bank records show approximately $3 million in inflows to the defendant’s accounts, primarily from large round-dollar transfers from shell corporations with foreign bank accounts linked to Co-Conspirator 1, who is a former criminal defense attorney in Venezuela that currently controls a media company in Venezuela.

As set out in the criminal complaint, the defendant’s bank records allegedly show that from 2012 to 2016, the defendant spent approximately $3 million, primarily in the geographical area of South Florida. For example, bank records allegedly show that Moreno Perez spent about $1 million for a private aircraft and private pilot, more than $600,000 in credit or debit card purchases at stores primarily in South Florida (including tens of thousands of dollars at luxury stores in Bal Harbor, such as Prada and Salvatore Ferragamo), about $50,000 in payments to a luxury watch repair store in Aventura, and approximately $40,000 in payments to a Venezuelan beauty pageant director.

HSI’s Miami Field Office conducted the investigation.  Assistant U.S. Attorney Michael N. Berger of the Southern District of Florida is in charge of the prosecution.

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A separate superseding indictment unsealed today in the Southern District of New York charges Tareck Zaidan El Aissami Maddah, 45, Venezuela’s vice president for the economy, Joselit Ramirez Camacho, 33, Venezuela’s superintendent of cryptocurrency (Sunacrip), and Samark Lopez Bello, 45, a Venezuelan businessman, with a series of crimes relating to efforts to evade sanctions imposed by OFAC against Maduro Moros, El Aissami Maddah, and Lopez Bello. 

The indictment alleges that from February 2017 until March 2019, El Aissami Maddah and Ramirez Camacho worked with U.S. persons and U.S.-based entities to provide private flight services for the benefit of Maduro’s 2018 presidential campaign, in violation of OFAC’s sanctions targeting Maduro after he organized elections for the illegitimate National Constituent Assembly that Cabello Rondon now leads. 

The U.S. Department of State, through its Narcotics Rewards Program, is offering a reward of up to $10 million for information leading to the arrest and/or conviction of El Aissami Maddah.

HSI’s New York Field Office conducted the investigation.  This case is being handled by the U.S. Attorney’s Office for the Southern District of New York’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Sam Adelsberg and Amanda L. Houle are in charge of the prosecution.

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Other individuals charged in separate indictments include:

    Luis Motta Dominguez, 67, Former Minister of Energy, was charged in the Southern District of Florida for his alleged role in laundering the proceeds of violations of the Foreign Corrupt Practices Act (FCPA) in connection with his alleged receipt of bribes to award Corpoelec business to U.S.-based companies;
    Nestor Reverol Torres, 55, former General Director of Venezuela’s La Oficina Nacional Antidrogas (ONA) and former commander of Venezuela’s National Guard and Edylberto Jose Molina Molina, 57, former Sub-Director of Venezuela’s ONA and currently Venezuela’s military attaché to Germany, were charged in the Eastern District of New York with participating in an international cocaine distribution conspiracy where they allegedly assisted narcotics traffickers in importing cocaine into the United States;
    Vassyly Kotosky Villarroel Ramirez aka “Mauro” and “Angel,” 47, a former captain in the Venezuelan Guardia Nacional, was charged in a third superseding indictment in the Eastern District of New York with participating in an international cocaine distribution conspiracy between Jan. 1, 2004, and Dec. 1, 2009;
    Rafael Antonio Villasana Fernandez, 48, a former officer in the Venezuelan Guardia Nacional, was charged in the Eastern District of New York with participating in an international cocaine distribution conspiracy between Jan. 1, 2004, and Dec. 1, 2009. According to court documents, Kotosky and Villasana allegedly used official government vehicles to transport more than seven metric tons of cocaine from the Colombian border to various airports and seaports in Venezuela for ultimate importation into the United States;
    Nervis Gerardo Villalobos Cardenas, 52, former Vice Minister of Energy of Venezuela, was charged in a 20-count indictment in the Southern District of Texas with conspiracy to commit money laundering, money laundering and conspiracy to violate the Foreign Corrupt Practices Act (FCPA) for his alleged role in an international money laundering scheme involving bribes paid by the owners of U.S.-based companies to Venezuelan government officials to corruptly secure energy contracts and payment priority on outstanding invoices; and
    Oscar Rafael Colmenarez Villalobos, 51, former Venezuelan Air Force Officer, charged in the District of Arizona with violations of the Arms Export Control Act. He allegedly conspired with others, including individuals associated with an aviation company in Arizona, to smuggle from the United States to Venezuela T-76 military aircraft engines used on OV-10 Bronco aircraft to individuals in Venezuela and allegedly made false and misleading statements on shipping and export control documents to conceal the prohibited activities and transactions from detection of the U.S. government.
    

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

The Criminal Division’s Office of International Affairs and Office of Enforcement Operations provided valuable assistance

Acting Secretary Chad Wolf Statement on the REAL ID Enforcement Deadline

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“Due to circumstances resulting from the COVID-19 pandemic and the national emergency declaration, the Department of Homeland Security, as directed by President Donald J. Trump, is extending the REAL ID enforcement deadline beyond the current October 1, 2020 deadline. I have determined that states require a twelve-month delay and that the new deadline for REAL ID enforcement is October 1, 2021. DHS will publish a notice of the new deadline in the Federal Register in the coming days.

“The federal, state and local response to the spread of the Coronavirus here in the United States necessitates a delay in this deadline. Our state and local partners are working tirelessly with the Administration to flatten the curve and, therefore, we want to remove any impediments to response and recovery efforts. States across the country are temporarily closing or restricting access to DMVs. This action will preclude millions of people from applying for and receiving their REAL ID. Extending the deadline will also allow the Department to work with Congress to implement needed changes to expedite the issuance of REAL IDs once the current health crisis concludes.

“Protecting both the health and national security of the American people continues to be the top priority for the President of the United States and the Department of Homeland Security.”

Clay County Man Indicted for Armed Methamphetamine Trafficking

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LONDON, Ky. - Johnny Asher, 54, of Manchester, Kentucky, was indicted by a federal grand jury on Thursday, for possession with intent to distribute methamphetamine, possessing a firearm in furtherance of drug trafficking, and being a convicted felon in possession of a firearm.

The indictment alleges that, from October 6, 2019 to January 2020, Asher knowingly possessed and intended to distribute 500 grams or more of suspected methamphetamine, and he possessed a firearm in furtherance of his methamphetamine trafficking. The indictment also alleges Asher was a convicted felon and legally prohibited from possessing the firearm.

The investigation preceding the indictment was conducted by ATF, London Police Department, and Clay County Sheriff’s Department.

Asher’s next appearance before the United States District Court in London will be on a date determined by the court. The trial date has not yet been determined. If convicted, Asher faces a maximum prison sentence of life in prison. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of sentences.

            Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.

Sioux City Man Pleads Guilty to Distribution of Methamphetamine and Possessing a Gun During a Drug Trafficking Crime

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Gomez admitted selling approximately 4 pounds of methamphetamine from his home

A Sioux City man who distributed approximately 4 pounds of methamphetamine from his residence pled guilty today, March 25, 2020, in federal court in Sioux City.

Carlos Jose Gomez, age 37, from Sioux City, Iowa was convicted of conspiracy to distribute methamphetamine and possession of a firearm during a drug trafficking crime.

Law enforcement executed a search warrant on Gomez’s property where they seized approximately 5 grams of methamphetamine, a loaded handgun, and $1,000 in cash belonging to Gomez.  In a plea agreement, Gomez admitted to selling nearly 4 pounds of “ice” methamphetamine from December of 2019 through March 4, 2020.  Gomez also admitted to knowingly possessing a gun in furtherance of selling methamphetamine.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Gomez remains in custody of the United States Marshal pending sentencing.  For Count 1, Gomez faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and 5 years up to life of supervised release following any imprisonment.  For Count 2, Gomez faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of life imprisonment, or both without the possibility of parole, a $250,000 fine, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.

Criminal Complaint Charges Two Women with Distribution of Controlled Substances Resulting in a Death, and an Overdose with Serious Bodily Harm, on the Menominee Indian Reservation

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Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced today that Jacquelyn M. Grignon (age: 47) and Lottie A. Tucker (age: 37), both of Keshena, which is on the Menominee Indian Reservation have been charged in federal court by criminal complaint with distribution of controlled substances resulting in a death, and serious bodily injury. Both individuals face mandatory minimum 20-year prison sentences. Tucker also faces a charge of possession with intent to distribute controlled substances, which has a maximum sentence of 20 years in prison.

According to the criminal complaint, between March 20, 2020, and March 21, 2020, Tucker and Grignon distributed heroin to two males on the Menominee Indian Reservation. One male died as the result of his use of the drugs and the other, a minor, was revived from an overdose by responding emergency medical professionals. A subsequent search of Tucker’s residence revealed additional quantities of suspected heroin, methamphetamine, and cocaine in amounts consistent with distribution.

“The opioid crisis has stolen too many lives,” said United States Attorney Krueger.  “That is why dealing lethal drugs results in serious penalties.  We are committed to working with law enforcement at all levels, including our tribal partners, to stop the flow of these poisons.”

The Menominee Tribal Police Department, Wisconsin Department of Justice – Division of Criminal Investigation Native American Drug and Gang Initiative, and Federal Bureau of Investigation investigated the case. Assistant United States Attorney Andrew J. Maier is prosecuting the case.

 The public is cautioned that a criminal complaint sets forth allegations of criminal conduct and is not evidence of guilt. The defendants are presumed innocent, and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

Mexican National faces federal marijuana smuggling charges in New Mexico

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            ALBUQUERQUE, N.M. – Jose Angel Frias-Mendoza, 45, of Chihuahua City, Mexico appeared in federal court in Las Cruces, New Mexico on March 23 for an initial appearance on a criminal complaint charging him with possession with intent to distribute and importation of marijuana.

            According to the criminal complaint, Frias-Mendoza allegedly tried to enter the United States on March 20 at the port of entry in Santa Teresa, New Mexico with 88 bundles (approximately 67.5 pounds) of marijuana hidden in the dashboard, roof, and fuel tank of the vehicle he was driving.  U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint.

            Frias-Mendoza is currently in custody pending a detention hearing on March 26.  He faces up to five years in prison for possession with intent to distribute marijuana and five years in prison for importation of marijuana.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

            Homeland Security Investigations and U.S. Customs and Border Protection investigated this case.  Assistant U.S. Attorney Dustin C. Segovia is prosecuting the case.

Sioux Falls Man Sentenced for Failure to Register as a Sex Offender

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United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 25, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Cletus Gerald Williams, III, a/k/a C.J. Williams, age 23, was sentenced to 12 months and 1 day in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Williams was indicted by a federal grand jury on December 10, 2019.  He pled guilty on January 15, 2020.

Williams was convicted of Sexual Abuse of a Minor in April 2017.  As a result of this conviction, he is required to update his registration within three business days of relocation or changing employment.  Between September 23, 2019, and October 27, 2019, Williams failed to properly register as a sex offender and update his registration.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Williams was immediately turned over to the custody of the U.S. Marshals Service.

Six Former Tribal Officials Plead Guilty to Embezzlement from an Indian Tribal Organization and Aiding and Abetting

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Defendants Prosecuted as Part of the Guardians Project, a Federal Law Enforcement Initiative to Combat Corruption, Fraud, and Abuse in South Dakota

United States Attorney Ron Parsons announced today that all six of the former Crow Creek Sioux Tribe councilmembers charged in the Superseding Indictment have now pleaded guilty to embezzling tribal funds, including two former Chairs of the Crow Creek Sioux Tribe.  All of the defendants were charged in federal court for their respective conduct involving Embezzlement & Theft from an Indian Tribal Organization, and Aiding and Abetting.

The final defendant pleaded guilty on March 25, 2020, when Brandon Sazue appeared before U.S. District Judge Roberto A. Lange and pled guilty to the embezzlement and theft charge contained in the Superseding Indictment.

“Crow Creek citizens need to know that their government works and that theft and embezzlement will not be tolerated.  This case should go a long way toward restoring that confidence,” said U.S. Attorney Parsons. 

According to the Superseding Indictment, in about March 2014 through February 2019, Roland Robert Hawk, Sr., Francine Maria Middletent, Roxanne Lynette Sazue, Jacquelyn Ernestine Pease, and Brandon Sazue embezzled, stole, willfully misapplied, willfully permitted to misapplied, and converted to their own use over $1,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe.  During times relevant to each defendant’s case, Brandon Sazue served as Chair of the Crow Creek Sioux Tribe, Hawk served as the elected Treasurer of the tribe, Roxanne Sazue was also chair, and Middletent and Grey Owl were elected councilpersons.  When not serving in their respective leadership positions, all defendants, except for Brandon Sazue, worked for Hawk in the tribe’s finance office.  In their respective leadership roles and employment positions, the defendants had the access and opportunity to the funds that were embezzled from the tribe. 

The maximum penalties for each defendant upon conviction are as follows:  5 years imprisonment and/or a $250,000 fine; 3 years of supervised release; $100 to the Federal Crime Victims Fund; and restitution may be ordered.  All of the defendants were released on bond pending sentencing.

The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.     

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities.  The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities.  Led by the U.S.  Attorney’s Office, the participating agencies include:  Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400.  To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

Wichita Falls Man Charged for Threatening to Shoot U.S. Speaker, Government Officials

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'Shoot to Kill. This is a revolution,' Defendant Said

A Wichita Falls man who posted threats about killing Speaker of the U.S. House of Representatives and other government leaders has been charged following an investigation by the FBI’s Dallas Field Office, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.

Gavin Weslee Blake Perry, 27, was charged via criminal complaint with transmitting a threatening communication in interstate commerce. He made his initial appearance before Magistrate Judge Hal R. Ray on Thursday.

According to the complaint, a concerned citizen notified the Wichita Falls Police Department that Mr. Perry allegedly posted threats on a Facebook account named “Gavinwbperry.”

“If youre a dem or apart of the establishment in the democrats side I view you as a criminal and a terrorist and I advise everyone to Go SOS [shoot on sight] and use live rounds,” he allegedly posted on March 23. “This is not gonna change until we attact NSA the DOJ the FBI and Any other agencies who want to get involved. Shoot to kill. This is a revolution.”

The Speaker “is apart of a satanic cult and so are the people who work closly with her. Dems of the establishment will be removed at any cost necessary and yes that means by death,” he allegedly posted later that same day.

When confronted by law enforcement at the time of his arrest, Mr. Perry admitted that the account belonged to him, and said he wanted to warn Americans to beware of the government, which he stated he believes to be “tyrannical.”

He then stated that the officers were violating his First Amendment right to free speech, a violation he felt was punishable by death. He also stated he intended to bond out of jail and planned to refuse to comply with any order to come to court. He said he does not recognize the authority of the federal government.

“The Department of Justice takes the security of our public servants seriously. Americans are entitled to voice their opinions – but we will not allow them to threaten our officials’ physical safety,” said U.S. Attorney Erin Nealy Cox. “This defendant’s threats against the Speaker and law enforcement agents are wholly inexcusable, and we look forward to bringing him to justice.” 

“The defendant threatened the life of an elected official and that will not be tolerated. The FBI and our law enforcement partners work hard every day to protect our citizens from harm,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “Thank you to our partners at the Wichita Falls Police Department for assisting in this investigation. Thank you as well to the concerned citizen who reported the online threat. We ask that everyone continue to report suspicious activity to law enforcement.”

A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Perry is presumed innocent until proven guilty in a court of law.

If convicted, he faces up to five years in federal prison.

The FBI Wichita Falls Resident Agency’s Safe Streets Taskforce and the Wichita Falls Police Department conducted the investigation with the assistance of the U.S. Capitol Police. Assistant U.S. Attorney Rob Boudreau is prosecuting the case. 

Mission Man Sentenced for Assaulting a Federal Officer

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United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.

Cameron Fanning, age 21, was sentenced to time served through May 25, 2020, equal to approximately 12 months, in federal prison, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fanning was indicted by a federal grand jury on August 13, 2019.  He pled guilty on December 18, 2019.

The conviction stemmed from an incident that occurred on July 25, 2019, in Todd County, South Dakota.  On that date, a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) officer encountered Fanning at a convenience store in Rosebud, South Dakota, and arrested him on an outstanding warrant.  Fanning, who was seated in the driver seat of a vehicle, refused to comply and drove away.  In the process of doing so, he struck the RSTLES officer’s vehicle and another parked vehicle.  Fanning subsequently led RSTLES officers on a high-speed pursuit through Todd County, which ended with Fanning’s apprehension near Mission.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Fanning was immediately turned over to the custody of the U.S. Marshals Service.

Lead Defendant Pleads Guilty In Elder Fraud Scheme Targeting 80-Year Old Widow In Washington, Utah

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Plea Agreement Includes 120-Month Sentence, $273,849.20 in Restitution

ST. GEORGE, UT – Frank Gene Powell, age 51, of Hurricane, Utah, the lead defendant in a significant federal elder fraud case targeting an 80-year-old widow in Washington, Utah, has reached a plea agreement with federal prosecutors.

Powell pleaded guilty to all six counts he was charged with in a superseding indictment, including conspiracy to commit wire fraud, money laundering, two counts of destruction of records in a federal investigation, concealment of a document or object in an attempt to impair the object’s integrity or availability for use in an official proceeding, and tampering with a witness.

Powell was on state parole at the time of his federal crimes after serving nearly 30 years in state prison for murder.  While he was in prison, he received a 1-to-15 year sentence for sexually assaulting an inmate.

The plea agreement includes a stipulated sentence of 120 months in federal prison and an agreement that Powell will pay almost $274,000 in restitution to the victim of the fraud. The victim is identified as L.N. in court documents. The sentence and restitution are subject to the approval of the Court at sentencing. Powell will also forfeit two vehicles and faces a money judgment of $273,849.20.  Sentencing for Frank Powell is set for May 20, 2020, at 2 p.m. before U.S. District Judge David Nuffer.  The hearing will be in St. George.

“Powell is a career criminal who has fended off decades of rehabilitative attempts in the Utah state criminal justice system.  He’s a convicted murderer and sexual predator, who has now turned his criminal efforts to elder fraud while on state parole,” U.S. Attorney for Utah John W. Huber said today. “With these guilty pleas, he stands convicted of unconscionable crimes against a senior member of the St. George community.  A 10-year sentence is very appropriate in this case and will help ensure that Utah will not fall victim to his crimes again.”

As a part of his plea agreement, Frank Powell admitted that from around March 2019 and continuing until about Feb. 6, 2020, he conspired with others to devise a fraud scheme with the specific intent to obtain money or property by means of fraudulent representations or promises.  He agreed with his codefendants to engage in a scheme to defraud L.N. by soliciting money and assets in exchange for false promises to perform work for L.N. He also admitted he engaged a fake romantic relationship with L.N. as a part of his scheme to defraud her.

He admitted that he purchased a 2019 GMC Sierra using money he received as a part of his scheme to defraud L.N.   Using money derived from criminal conduct is money laundering.  Several of the counts he pleaded guilty to relate to efforts he took to impede and obstruct the investigation of the case, including concealing cellular phones and money.

Powell also pleaded guilty to witness tampering admitting that in November 2019, he engaged in misleading conduct toward L.N. in an attempt to persuade her from communicating with law enforcement officers investigating the case. Through written correspondence and phone calls, Powell and his codefendant, Faye Renteria, age 42, of Hurricane, made misleading statements and attempted to persuade L.N. in an effort to help them avoid prosecution. 

Frank Powell’s mother and codefendant, Gloria Jean Powell, age 74, of St. George, also has reached a plea agreement in the case.  She pleaded guilty to one count of concealment of a document or object, admitting she concealed or attempted to conceal U.S. currency with the intent to impair an FBI investigation.  She admitted she aided and abetted her son, Frank Powell, and her daughter, Angela McDuffie, age 53, of Lehi, in the conduct.

Sentencing for Gloria Jean Powell is set for May 6, 2020, at 4 p.m. in St. George before  Judge Nuffer.  Her plea agreement includes a stipulated sentence of three months in prison or credit for time served at the date of sentencing, whichever is further from her Feb. 4, 2020, arrest date.  She also will forfeit a 2010 Toyota Venza as a part of the case resolution.    

Eight defendants were charged in a 10-count superseding indictment returned in early February. The indictment alleges the defendants, who have family relationships, conspired to obtain money and assets from the victim in exchange for false promises to perform work on her property. To further advance the scheme, one of the defendants engaged in romance fraud by enticing the victim to enter into a romantic relationship. He used the romantic relationship to manipulate the victim into giving him money and assets.

The indictment includes one count of wire fraud conspiracy, five counts of money laundering conspiracy – spending, two counts of destruction or concealment of records and tangible objects in a federal investigation, one count of concealment of a document or object, and one count of tampering with a witness or victim.

In addition to Frank Gene Powell, Gloria Jean Powell, McDuffie, and Renteria, other defendants include Bubby Mern Shepherd, age 58, of Lodi, California, Terrence Quincy Powell, age 23, of St. George, Rocky James Powell Mott, age 40, of Hurricane, and Martell Taz Powell, age 25, of Cedar City.

Charges are pending against the remaining six defendants in the case. A change of plea hearing is set for Monday in St. George for Renteria. 

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the U.S. Department of Justice and the U.S. Attorney’s Office in Utah. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10 percent of older Americans every year.  Together with federal, state, local and tribal partners, the Department of Justice is committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness.  This holistic and robust response demonstrates the Department’s unwavering dedication to fighting for justice for older Americans.

Assistant U.S. Attorneys in Utah are prosecuting the case.  The FBI is investigating the case. Agents with Utah Adult Probation and Parole have made signification contributions to the investigation.

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