Thursday, April 29, 2021

Community Corrections Technology: Experts Identify Top Needs for Tech Solutions to Probation and Parole System Challenges

 

In 2018, those on parole after incarceration or serving probation in lieu of a term behind bars totaled more than 4.4 million individuals in the United States, a threefold increase since 1980.

Corrections policymakers are turning to digital technology to keep offenders on track and give their supervisors potent new tools. A workshop of national experts in community corrections, sponsored by the National Institute of Justice, has identified priority needs for leveraging technology to enhance supervision and offender outcomes.

Read more about the key needs and how they were identified in our new article.

READ THE ARTICLE

Member of New Bedford Latin Kings Sentenced for Being a Felon in Possession of a Firearm Following Robbery and Shooting Investigations

 BOSTON – A member of the New Bedford Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced yesterday for being a felon in possession of a firearm and ammunition following an investigation into an armed robbery in New Bedford and a shooting in Boston in April 2020.

Ramon Martinez, a/k/a “King Razor,” 26, was sentenced by U.S. District Court Judge Denise J. Casper to 40 months in prison and three years of supervised release. In November 2020, Martinez pleaded guilty to being a felon in possession of a firearm.

On April 30, 2020, an individual in New Bedford was robbed and punched by two men who were in a black Ford Fusion. The men put a knife to the victim’s back and stole his wallet and motorized scooter. Martinez was later identified as one of the robbers.

Also on April 30, 2020, police responded to a report of shots fired in the area of Callender Street in Boston where three .45 caliber casings were recovered. Martinez’s SnapChat account included postings related to this shooting incident.

On May 7, 2020, police witnessed Martinez exit a residence on Crapo Street in New Bedford and walk to the rear of a black Ford Fusion. They observed Martinez open the trunk and quickly close it, and then get into a nearby vehicle. Officers stopped the vehicle, placed Martinez under arrest for the April 30 armed robbery and located a set of keys for the Ford Fusion. In the trunk of the Fusion, police recovered a Glock Model 30S .45 caliber firearm with four rounds of ammunition. Ballistics testing matched the Glock Model 30S to the casings recovered on Callender Street.

Due to prior felony convictions, Martinez is prohibited from possessing firearms.

A plea hearing pertaining to the New Bedford armed robbery charges is scheduled for May 19, 2021 in Bristol County Superior Court. The case is being prosecuted by the Bristol County District Attorney’s Office.

Acting United States Attorney Nathaniel R. Mendell; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; New Bedford Police Chief Joseph C. Cordeiro; and Boston Police Acting Commissioner Gregory Long made the announcement. Valuable assistance was also provided by the Bristol County District Attorney’s Office. Assistant U.S. Attorney Philip A. Mallard of Mendell’s Organized Crime and Gang Unit prosecuted the case.

Wednesday, April 28, 2021

Chinese National Pleads Guilty to Illegal Exports to Northwestern Polytechnical University

 Defendant conspired with Chinese military university on the Department of Commerce’s Entity List

BOSTON – A Chinese national pleaded guilty today in federal court in Boston in connection with illegally procuring and causing the illegal export of $100,000 worth of U.S. origin goods to Northwestern Polytechnical University (NWPU), a Chinese military university that is heavily involved in military research and works closely with the People’s Liberation Army (PLA) on the advancement of its military capabilities.

Shuren Qin, 44, a Chinese national residing in Wellesley, who gained admittance into the United States through the EB-5 Immigrant Investor Visa Program in 2014, pleaded guilty to one count of conspiracy to unlawfully export items from the United States to NWPU without first obtaining the required export licenses; one count of visa fraud; two counts of making false statements to law enforcement agents regarding his customers and the types of parts he caused to be exported from the United States to the People’s Republic of China (PRC); four counts of money laundering; and two counts of smuggling hydrophones from the U.S. to the PRC. U.S. District Court Judge Denise Casper scheduled sentencing for Sept. 8, 2021.

“The People’s Republic of China has an insatiable appetite for our country’s most sensitive products and technologies – particularly those with military applications,” said Acting United States Attorney Nathaniel R. Mendell. “By exporting key anti-submarine warfare products to a Chinese military university, Mr. Qin created a threat to our national security and broke the law. That warrants federal prosecution, without a doubt.”

“Qin took advantage of the open marketplace in the United States to purchase sensitive technologies for a Chinese military university. In addition, he lied on his visa application and to U.S. customs officers,” said Assistant Attorney General for National Security John Demers. “When individuals illegally pursue personal profit at the expense of U.S. national security, DOJ will disrupt such conduct and punish those involved.”

Qin established LinkOcean Technologies, LTD., which he used to import goods and technology with underwater and marine applications into the PRC from the United States, Canada and Europe. NWPU has been involved in the development of unmanned aerial vehicles, autonomous underwater vehicles and missile proliferation projects. Since 2001, the U.S. Department of Commerce (DOC) has designated NWPU on its Entity List for national security reasons. Qin communicated with and received taskings from NWPU to obtain items used for anti-submarine warfare. Between approximately July 2015 and December 2016, Qin caused at least 60 hydrophones (devices used to detect and monitor sound underwater) to be exported from the United States to NWPU without obtaining the required export licenses from the DOC. Qin and his company, LinkOcean, did so by concealing from the U.S. manufacturer of the hydrophones that NWPU was the true end-user and by causing false end-user information to be filed with the U.S. government. In addition, on four occasions in connection with the export of hydrophones to NWPU, Qin engaged in money laundering by transferring or causing the transfer of more than $100,000 from Chinese bank accounts to bank accounts located in the United States with the intent to promote and facilitate his unlawful export scheme.

Additionally, in July 2016, Qin engaged in visa fraud in connection with his application to remove conditions on his U.S. Permanent Resident Status (Form I-829) by falsely certifying that he had not committed any crime for which he was not arrested since becoming a conditional permanent resident when, in fact, he had caused the illegal export of hydrophones from the United States to NWPU in December 2015. In addition, Qin made false statements to federal agents on two occasions regarding LinkOcean’s customers and its export activities. Specifically, during a November 2017 interview with Customs and Border Protection (CBP) Officers, Qin falsely stated that he only exported instruments that attach to a buoy. However, Qin had exported and caused the export of remotely-operated side scan sonar systems, unmanned underwater vehicles, unmanned surface vehicles, robotic boats and hydrophones. The items that Qin concealed from CBP during this interview have military applications and several of these items were delivered to military end-users in China. For instance, Qin exported a U.S.-manufactured remotely-operated side scan sonar system to a PLA Troop in November 2015. On or about July 21, 2018, Qin lied to investigators during an interview when he stated that he did not have any customers on the DOC’s Entity List. In fact, Qin had at least two such customers – NWPU and the National University of Defense Technology (NUDT). NUDT is involved in national defense research for the PLA and responsible for modernizing the PRC’s armed forces. Since 2015, it has been designated on DOC’s Entity List.   

Prior to entering his guilty plea in this case, Qin moved to suppress evidence seized from his laptop and iPhone during a border search and statements he made to CBP officers during a secondary inspection upon his return to the United States from the PRC at Logan Airport in November 2017. On Nov. 30, 2020, after eight days of evidentiary hearings, Judge Casper issued a decision denying Qin’s motion, finding that “at a minimum, the agents had reasonable suspicion for the search and seizure on November 24, 2017 and, any statements made by Qin were non-custodial statements not in contravention of the Fifth Amendment.” In so doing, Judge Casper found that the “Chinese Navy” was one of Qin’s customers according to LinkOcean’s website and when the border search occurred, agents had testified that they were “concerned that Qin was involved [in] working on behalf of the Chinese Navy to procure items from the United States, export them to China so that they could be used or incorporated in systems the Chinese Navy or research institutes were developing to be used in electronic warfare, anti-submarine warfare.” Judge Casper further found that by the end of the summer of 2017, investigators had learned that Qin was interested in procuring both AUVs and sonobuoys, which raised concerns for the agents as they learned that Ultra Electronics was at that same time developing “an AUV that worked in conjunction with [a] sonobuoy … strictly for military use by the U.S. Navy.” Qin also lied when questioned during the secondary inspection at the border regarding the types of parts he exported, concealing his “interest in procuring side scan sonar systems, AUVs, and sonobuoys.”        

The charge of conspiring to violate U.S. export laws provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $1 million. The charges of visa fraud and smuggling both provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000.  The charge or money laundering provides for a sentence of up to 20 years in prison, five years of supervised release and a fine of $500,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting U.S. Attorney Mendell; Acting NSD AAG Demers; William S. Walker, Acting Special Agent in Charge of the Homeland Security Investigation, Boston Field Office; Patrick Hegarty, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Michael West, Special Agent in Charge of the Naval Criminal Investigative Service, Northeast Field Office made the announcement today. Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Mendell’s National Security Unit, and Assistant U.S. Attorney Jason Casey, also of National Security Unit, are prosecuting the case.

Mississippi Man Indicted for Wire Fraud and Health Care Fraud

 BIRMINGHAM, Ala. – A federal grand jury returned an eight-count indictment yesterday charging a Mississippi man with wire fraud and health care fraud and with conspiracy to commit wire and health care fraud, announced U.S. Attorney Prim F. Escalona and Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Derrick Jackson.

According to the indictment, in October 2016, Phillip Anthony Minga, 55, of Amory, MS, was excluded from providing services to Medicare participants.  Minga also signed an agreement  which provided that Medicare would not pay claims submitted by anyone who employed Minga  in a management or administrative role.  The indictment  charges, however, that Minga and others concealed his ownership interests and managerial roles in multiple pharmacies and caused the submission of millions of dollars in  claims for reimbursement to Medicare, in violation of his exclusion agreement.

If convicted, Minga faces a maximum of twenty years in prison for wire fraud and ten years in prison for health care fraud, and a $250,000 fine. 

The Department of Health and Human Services, Office of  Inspector General, investigated the case along with the State of Mississippi’s Office of the Attorney General and the State of Alabama’s State Board of Pharmacy. Assistant U.S. Attorneys Lloyd Peeples and Don Long are prosecuting the case.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

Former Executive Director of the Delta Sigma Theta Sorority, Inc. and Husband Plead Guilty to Bank Fraud

             WASHINGTON – Jeanine Henderson Arnett, 43, the former Executive Director of Delta Sigma Theta Sorority, Inc., and her husband, Diallo Arnett, 47, pled guilty on April 20, 2021 and April 28, 2021, respectively, to a charge stemming from her embezzlement of over $150,000, announced Acting U.S. Attorney Channing D. Phillips.

            Jeanine Henderson Arnett and Diallo Arnett, of the Commonwealth of Virginia, pled guilty in the U.S. District Court for the District of Columbia to Bank Fraud.  The Honorable Randolph D. Moss scheduled sentencing for July 29, 2021.  The charge carries a statutory penalty of up to thirty years in prison and a fine of up to $1,000,000 or twice the pecuniary gain or loss of the offense.

            “While Delta Sigma Theta and its members were committed to a mission of public service, the defendants were committed to a mission of personal benefit, stealing hundreds of thousands of dollars to use for their own pleasure”  said Acting U.S. Attorney Phillips.   “The defendants – and others who steal from  non-profit organizations to enrich themselves – will be caught, prosecuted, and punished for the damage they cause.”

            “The Arnetts pleaded guilty to stealing money from this historic women’s organization and used the funds for their own benefit,” said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office Criminal Division. “Their selfish actions not only betrayed the dedicated members, but also dishonored the core mission and values of the sorority.”

            According to the statements of offense submitted to the Court, Jeanine Henderson Arnett was employed as the Executive Director of Delta Sigma Theta Sorority, Inc., a 501(c)(7) organization located in the District of Columbia.   Jeanine Henderson Arnett and Diallo Arnett admitted that, between approximately October 3, 2017 and September 15, 2019, she misappropriated more than $150,000 from Delta Sigma Thetas’s bank accounts through, among other things, ACH money transfers and credit card transactions.  This included unauthorized and fraudulent charges for personal items and expenses at, among other places, Amazon, Avis Rent a Car, Century Twenty-One, Coach, GEICO, and T-Mobile.  In addition, the Arnetts used the Square Cash App to make 9 transactions to transfer $14,162.50 to their account.

            In announcing the plea, Acting U.S. Attorney Phillips acknowledged the work of Paralegal Angeline Thekkumthala of the U.S. Attorney’s Office, as well as Assistant U.S. Attorneys Joshua Rothstein and David Kent, who investigated and prosecuted this matter.

Overland Park Man Pleads Guilty to Armed Robberies

 Faces At Least 14 Years in Prison

KANSAS CITY, Mo. – An Overland Park, Kansas, man pleaded guilty in federal court today to the robberies (and attempted robberies) of five businesses.

Joshua A. West, 28, pleaded guilty before U.S. District Judge Howard F. Sachs to five counts of robbery and two counts of brandishing a firearm in furtherance of a violent crime.

By pleading guilty today, West admitted that he robbed the CVS Pharmacy at 6300 Prospect Ave., Kansas City, Mo., on July 17, 2018. When West came around the counter, the cashier, who believed he was armed, opened the cash drawer. West took all of the cash and left the store. Investigators posted a bulletin using a photo from surveillance footage, and received a tip that identified West, who was on probation at the time.

West also admitted that he used a firearm to rob the Sprint Store at 4902 N. Oak Trafficway, Kansas City, Mo., on Aug. 10, 2018. West forced an employee to open the locked cabinets behind the counter so he could take all the iPhones, Apple Watches, and Samsung S-9 phones.

The next day, on Aug. 11, 2018, West robbed the Phone Shack at 6392 Troost Avenue, Kansas City, Mo., at gunpoint. West forced two employees to get on the ground, then stole phones and cash from the register.

On Aug. 15, 2018, a manager of a T-Mobile store sent a photo of West to all the managers of stores in the metropolitan area. On the same day, the manager of a T-Mobile store at 12400 S. US Hwy. 71, Grandview, Mo., spotted West in the parking lot outside the store. Because he had been alerted, the manager locked the door. West tried to open the door, then pointed a firearm at the manager from outside for a few seconds before walking away.

Immediately afterward, West entered the nearby AT&T store at 12346 U.S. Hwy. 71, Grandview, Mo. West pulled out a firearm and ordered the employees to give him all the iPhones. West ordered the two employees and a customer into a back room. Another customer stayed in the main showroom and ran out of the store after West went to the back room. That customer called 911. Once in the back room, an employee opened a closet that had all the iPhones. West ordered them to the ground and put the phones in a plastic bag.

West left the back room, going back through the main showroom. Before he reached the front door, however, two Grandview police officers confronted him in the main showroom. West attempted to run through the back room, but the door had locked behind him. The officers ordered West to get on the ground, but he refused, and a struggle ensued. During the struggle, a Taurus 9mm pistol fell from West’s waistband. More officers arrived and took West into custody.

Under federal statutes, West is subject to sentence of up to 20 years in federal prison without parole on each of the robbery charges, plus a consecutive sentence of at least 14 years in federal prison without parole, up to a sentence of life in federal prison without parole, for the firearm charges. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Kansas City, Mo., Police Department, the Grandview, Mo., Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Rogers County Mother Pleads Guilty to Production of Child Pornography

 A Rogers County woman pleaded guilty today in federal court for producing child pornography involving her young child, announced Acting U.S. Attorney Clint Johnson. 

Brittney Jo Wallace, 29, of Claremore, pleaded guilty to production of child pornography by a parent. Wallace admitted that she had the toddler touch her in a sexually explicit manner while she took photos using her cell phone on Sept. 26, 2015. Chief U.S. District Judge John E. Dowdell set sentencing for July 29, 2021.

“Detectives and agents with OSBI’s Internet Crimes Against Children Unit and Tulsa’s Homeland Security Investigations Child Exploitation Task Force doggedly pursue individuals, like Brittney Wallace, who harm the most innocent and vulnerable among us,” said Acting U.S. Attorney Clint Johnson. “This office and our law enforcement partners will continue our critical work to protect Oklahoma’s children.”

In 2016, Wallace’s children were taken from the home after a doctor found signs of severe child abuse. The defendant’s parental rights were later terminated. During the 2016 investigation conducted by the state of Oklahoma, authorities seized the defendant’s phone which was later suppressed. Recently, the Oklahoma Court of Criminal Appeals found the seizure and subsequent search of her phone were proper, and the phone was turned over to investigators. When authorities conducted a forensic examination of the phone, they discovered the child pornography. 

On March 1, 2021, the U.S. Marshals Service arrested Wallace on a federal arrest warrant. The Oklahoma State Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Rogers County Sheriff’s Office, and Claremore Police Department conducted the investigation.

Assistant U.S. Attorneys Matilda M. Villalobos and Christopher J. Nassar are prosecuting the case. AUSA Villalobos is a prosecutor from the District of New Mexico. She volunteered to assist prosecution efforts here in the Northern District of Oklahoma due to increased jurisdictional responsibilities regarding crimes involving Native American victims or defendants and that occur within the Muscogee (Creek) Nation and Cherokee Nation Reservations.

You can find the indictment press release here.

If you suspect a child is being sexually exploited, contact the National Center for Missing and Exploited Children immediately at 1-800-THE-LOST or cybertipline.org.  You can also contact the OSBI ICAC Unit at (800) 522-8017 or tips@osbi.ok.gov

Three Georgia men charged with federal hate crimes and attempted kidnapping in connection with the death of Ahmaud Arbery

 WASHINGTON - Three Georgia men were indicted today by a federal grand jury in the Southern District of Georgia and charged with hate crimes and the attempted kidnapping of Ahmaud Arbery. The indictment also charges two of the men with separate counts of using firearms during that crime of violence.

Travis McMichael, 35; Travis’s father, Gregory McMichael, 65; and William “Roddie” Bryan, 51, were each charged with one count of interference with rights and with one count of attempted kidnapping. Travis and Gregory McMichael were also charged with one count each of using, carrying, and brandishing—and in Travis’s case, discharging—a firearm during and in relation to a crime of violence.

Counts One and Two of the indictment allege that the defendants used force and threats of force to intimidate and interfere with Arbery’s right to use a public street because of his race.  Specifically, Count One of the indictment alleges that as Arbery was running on a public street in the Satilla Shores neighborhood of Brunswick, Georgia, Travis and Gregory McMichael armed themselves with firearms, got into a truck, and chased Arbery through the public streets of the neighborhood while yelling at him, using their truck to cut off his route, and threatening him with firearms.  Count One also alleges that the offense resulted in Arbery’s death.  Count Two alleges that William “Roddie” Bryan joined the chase and used his truck to cut off Arbery’s route. 

In addition to the hate-crime charges, Count Three alleges that all three defendants attempted to unlawfully seize and confine Arbery by chasing after him in their trucks in an attempt to restrain him, restrict his free movement, corral and detain him against his will, and prevent his escape.  Counts Four and Five allege that during the course of the crime of violence charged in Count One, Travis used, carried, brandished, and discharged a Remington shotgun, and Gregory used, carried, and brandished a .357 Magnum revolver. 

All three defendants have also been charged in a separate state proceeding with malice murder, felony murder, aggravated assault, false imprisonment, and criminal attempt to commit a felony.  No trial date has been set for the state case.

The announcement was made by Principal Deputy Assistant Attorney General Pamela S. Karlan of the Civil Rights Division, Acting United States Attorney David Estes of the Southern District of Georgia, and Special Agent in Charge J.C. Hacker of the FBI.

This case was investigated by both the Federal Bureau of Investigation and the Georgia Bureau of Investigation and is being prosecuted by Assistant United States Attorney Tara Lyons of the Southern District of Georgia, and Deputy Chief Bobbi Bernstein and Special Litigation Counsel Christopher J. Perras of the DOJ’s Civil Rights Division.

An indictment is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.

Former Police Officer Pleads Guilty to Sexually Abusing a Young Child

 A Sapulpa man scheduled to begin trial Tuesday in federal court opted instead to plead guilty to sexually abusing a young child, announced Acting U.S. Attorney Clint Johnson.

Bradley Don Goodin, 46, pleaded guilty to abusive sexual contact with a child under 12 in Indian Country. As part of the plea agreement, the defendant agreed to a sentence of 15 years in federal prison. U.S. District Judge Gregory K. Frizzell will make the final sentencing determination at a hearing set for Aug. 11, 2021.

“Bradley Goodin was a danger to children, but now thanks to the  Sapulpa Police Department, Creek County Sheriff’s Office, the FBI, and my office, he is a convicted child predator who will spend significant time in federal prison,” said Acting U.S. Attorney Clint Johnson.

In a child forensic interview, the girl described two incidents when Goodin sexually abused her on Oct. 5, 2019. During the second incident, the victim’s mother walked in. The girl was afraid to tell her mother what was happening at the time because she feared he would harm them. She later disclosed the abuse. With the aid of a neighbor, the mother fled the home with her children and contacted the Sapulpa Police Department. At the time of the incident, Goodin was an officer with Bristow Police Department. He has not been employed with the department since November 2019.

In a February 2021 superseding indictment, Goodin was charged with sexually abusing a total of three minors. He was also charged with being a felon in possession of 21 firearms. Goodin chose to plead guilty rather than go to trial.

The Sapulpa Police Department, Creek County Sheriff’s Office and FBI conducted the investigation. Assistant U.S. Attorneys Jeffrey A. Gallant and Matilda Villalobos are prosecuting the case. Ms. Villalobos is a prosecutor from the District of New Mexico. She volunteered to assist prosecution efforts here in the Northern District of Oklahoma due to increased jurisdictional responsibilities regarding crimes involving Native American victims or defendants and that occur within the Muscogee (Creek) Nation and Cherokee Nation Reservations.

Arizona Man Arrested on Alaska Federal Drug Trafficking Charges

 Defendant allegedly supplied 60 pounds of methamphetamine to the Fairbanks area

FAIRBANKS – Daniel Torres-Zubia, 41, of Phoenix, Arizona, was arrested by Alaska and Arizona federal agents on charges that he conspired to send large quantities of methamphetamine for re-distribution in Fairbanks, Alaska.

According to charging documents, the Fairbanks Drug Enforcement Administration (DEA) office began investigating Torres in 2019 for allegedly trafficking large amounts of methamphetamine into the Fairbanks area from Las Vegas and Arizona. The investigation revealed that Torres sold about 60 pounds of methamphetamine to a Fairbanks area drug dealer between 2019 and 2020. Investigators also noted that Torres was able to supply large wholesale amounts of methamphetamine quickly, indicating he may be part of larger drug trafficking operation.   

If convicted, Torres faces a statutory minimum of 10 years and a maximum of life in prison for the most serious charges. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

The Drug Enforcement Administration, the Federal Bureau of Investigation, the Fairbanks Police Department, the Alaska State Troopers, the North Pole Police Department and the Arizona Department of Public Safety conducted the investigation leading to the charges in this case.

This case is part of Alaska’s High Intensity Drug Trafficking Area (HIDTA). HIDTA was established in 2018 to enhance and coordinate efforts among local state and federal law enforcement agencies, providing equipment, technology and additional resources to combat drug trafficking and its harmful consequences in critical regions of Alaska. 

The case is being prosecuted by Assistant U.S. Attorney Ryan D. Tansey.

The charges in the indictment and criminal complaint are merely allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Two Huntsville Men Charged with Multiple Robberies in North Alabama

 HUNTSVILLE, Ala. – A federal grand jury returned a 24-count indictment yesterday, charging two Huntsville men with committing a string of armed robberies across North Alabama, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr. 

According to the indictment, between August and October of 2019, Terrence Warren Jackson, 43, and Deonte Marquish Eddins, 25, committed 11 armed robberies at businesses across North Alabama.  Jackson and Eddins robbed  Family Dollar, Dollar General, MetroPCS, Verizon Wireless, and two GameStop stores.  In a span of six days in October 2019, Jackson robbed Verizon Wireless, Marco’s Pizza, MetroPCS, and two GameStop stores.  The indictment also charges the pair with brandishing a firearm and being felons in possession of a firearm.

The Hobbs Act prohibits actual or attempted robbery that affects interstate commerce and that involves the taking of property from another person by means of actual or threatened force or violence. If convicted of a Hobbs Act Robbery, the defendants face a maximum of 20 years in prison. If convicted of brandishing a firearm during and in relation to a violent crime, the defendants face a mandatory minimum of seven years in prison per count, to be served consecutively to any other sentence imposed for the crime.  If convicted of being a felon in possession of a firearm, the defendants face a maximum of ten years in prison. 

The FBI Violent Crimes Task Force, assisted by local law enforcement, investigated the case.  Assistant U.S. Attorney Mary Stuart Burrell is prosecuting the case.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

Iowa Man Sentenced to 25 Years in Prison for Producing and Possessing Child Pornography

 CAMDEN, N.J. – An Iowa man today was sentenced to 300 months in prison for producing and possessing images of child sexual abuse, Acting U.S. Attorney Rachael A. Honig announced.

Donavon Oliphant, 38, of Independence, Iowa, previously pleaded guilty before U.S. District Judge Noel L. Hillman to an information charging him with one count of sexual exploitation of a minor and one count of possession of child pornography. Judge Hillman imposed the sentence today in Camden federal court.

According to documents filed in this case and statements made in court:

In August 2019, Oliphant produced 11 images and four videos of child sexual abuse. The videos depicted sexual acts involving a pre-pubescent child and an adult male. Oliphant then used a peer-to-peer file-sharing program to share these images and videos with an individual located in Gloucester County, New Jersey. When law enforcement accessed Oliphant’s file-sharing account, they found more than 1,700 videos and 200 images of child sexual abuse.

In addition to the prison term, Judge Hillman sentenced Oliphant to a lifetime term of supervised release, ordered him to pay restitution of $3,000, and ordered him to register as a sex offender.

Acting U.S. Attorney Honig credited special agents of U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.

Erie Man Pleads Guilty and is Sentenced to Prison for Possessing Child Pornography

 ERIE, Pa. - A resident of Erie, Pennsylvania pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children and was sentenced to 36 months in prison, 10 years supervised release and ordered to make restitution in the amount of $18,000 to the victims, Acting United States Attorney Stephen R. Kaufman announced today.

Charles Przybyszewski, 54, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.

In connection with the guilty plea and sentencing, the court was advised that from July 2018 to July 2020, Przybyszewski possessed computer images depicting prepubescent minors engaging in sexually explicit conduct.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.

The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Przybyszewski.

Grant County man admits to drug charge

 ELKINS, WEST VIRGINIA – Peter Sanford Layne, of Cabins, West Virginia, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.

Layne, 48, pleaded guilty today to one count of “Distribution of Methamphetamine.” Layne admitted to selling methamphetamine in January 2019 in Grant County.

Layne faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated. The task force consists of the FBI, West Virginia State Police, Mineral County Sheriff’s Office, Hampshire County Sheriff’s Office, Grant County Sheriff’s Office, and the Keyser Police Department.

U.S. Magistrate Judge Michael John Aloi presided.

Dothan Pharmacist Sentenced To 87 Months In Prison Following Drug Distribution Conviction

             MONTGOMERY, ALABAMA – On April 27, 2021, Richard Allen Strickland, a 55-year-old resident of Hartford, Alabama, was sentenced to 87 months in prison for illegal drug distribution, announced Acting U.S. Attorney Sandra J. Stewart. In addition to his prison sentence, Strickland was ordered to serve three years of supervised release. There is no parole in the federal system.

            According to court records, Strickland, a licensed pharmacist, owned and operated Allen’s Pharmacy in Dothan, Alabama. In November of 2019, the Dothan Police Department Narcotics Division received an anonymous tip regarding someone selling prescription medications without a prescription to individuals from the pharmacy. Further investigation by Dothan PD and the Drug Enforcement Administration (DEA) indicated that Strickland was selling Schedule II controlled substances, including oxycodone and hydrocodone, without a prescription. On July 14, 2020, Strickland was indicted by a federal grand jury for the illegal distribution of a controlled substance. Strickland pleaded to the charge on January 21, 2021. As part of his plea agreement, Strickland specifically admitted that on July 3, 2020, he sold 14 hydrocodone pills to an individual without a prescription in exchange for cash.

            “Diverting legitimate drugs for illegal purposes feeds the addiction cycle that is gripping our nation and places lives in danger,” stated Acting U.S. Attorney Stewart. “Medical professionals need to understand that they are not exempt from criminal laws that prohibit the illegal distribution of controlled substances. My office will continue to work with our law enforcement partners to investigate and prosecute drug dealers, no matter where they may operate or what title they may have.”

            This case was investigated by the Dothan Police Department, the Drug Enforcement Administration (DEA), and the U.S. Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorneys Alice Shih LaCour and Jonathan S. Ross prosecuted the case.

Montgomery Woman Charged With Covid-19 Loan Fraud

             MONTGOMERY, ALABAMA – On April 26, 2021, Zsa Zsa Bouvier Couch, 52, from Montgomery, Alabama, was arrested on criminal charges related to federal small business loan fraud, announced Acting U.S. Attorney Sandra J. Stewart. Couch made her initial appearance in federal court yesterday, April 27, 2021.

            The fraud allegations relate to aid received through the Coronavirus Aid Relief and Economic Security (CARES) Act, a federal law enacted in March 2020 to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act is the Paycheck Protection Program, or PPP, which authorizes the disbursement of forgivable loans to small businesses for job retention and certain other expenses.

            According to the indictment returned by a Middle District of Alabama Grand Jury, Couch is alleged to have submitted at least six fraudulent applications for loans under the U.S. Small Business Administration’s PPP program seeking over $1.6 million in funds. In each of the applications, Couch falsely inflated the number of employees who worked for her purported businesses as well as the average monthly payroll for the businesses, which resulted in her ability to qualify for larger PPP loan amounts. Couch is also alleged to have made other false statements in her application, such as failing to disclose that she had applied for multiple PPP loans for the same business and failed to disclose her common ownership of multiple businesses. In support of the inflated employee numbers and average monthly payroll claimed in the applications, Couch allegedly submitted falsified tax documents. As a result, Couch received an inflated amount of funds from PPP loans to which she was not entitled. Ultimately, Couch received a total of $609,687.47 of PPP funds. It is alleged that Couch then used the funds to pay money to herself, her husband, and other family members and to purchase luxury vehicles.      

            Couch is charged with multiple counts of bank fraud, making false statements to a federally insured bank, and money laundering. If convicted, Couch faces a maximum of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            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 Federal Bureau of Investigation, the U.S. Internal Revenue Service- Criminal Investigations, the Small Business Administration Office of Inspector General, and the Treasury Inspector General for Tax Administration, investigated this case. Assistant U.S. Attorneys Alice LaCour and Jonathan Ross are prosecuting the case.

            For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.

            The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disastercomplaint-form.

Woman Admits Selling Opioids from Her Aliquippa Home

 PITTSBURGH, PA-- A resident of Aliquippa, PA, pleaded guilty in federal court to a charge of possession with intent to distribute controlled substances, Acting United States Attorney Stephen R. Kaufman announced today.

Thaijenelle Smith, 27, pleaded guilty to one count before United States District Judge Robert J. Colville.

In connection with the guilty plea, the Court was advised that Smith was selling narcotics from her Aliquippa residence and possessed with intent to distribute approximately 55 grams of fentanyl, carfentanil and heroin.

Judge Colville scheduled sentencing for Sept. 30, 2021 at 9:00 a.m. The law provides for a maximum sentence 40 years in prison, a fine of $5,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Pending sentencing, the Court continued Smith on bond.

Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.

The Pennsylvania State Police conducted the investigation that led to the prosecution of Thaijenelle Smith.

Fentanyl Dealer Pleads Guilty To Distributing Narcotics Resulting In Death

 Tampa, Florida – Jared Collins (27, Wesley Chapel) has pleaded guilty to distributing fentanyl to an individual, resulting in that individual’s death. He faces a minimum mandatory sentence of 20 years, and up to life, in federal prison. A sentencing hearing has not yet been scheduled.

According to the plea agreement, on December 16, 2019, Collins distributed narcotics to an individual in Wesley Chapel who injected the narcotics and then died. Family members found the individual and immediately called 911. The Pasco Sheriff’s Office responded to the scene and located a hypodermic syringe and a plastic bag, both of which tested positive for fentanyl. Law enforcement also recovered a cellphone, which showed Collins had supplied the individual with the narcotics earlier that day. The Medical Examiner’s Office for Pasco and Pinellas County determined that the individual died from fentanyl toxicity.

The following day, December 17, 2019, Collins was arrested as he was attempting to distribute narcotics. Following his arrest, law enforcement officers found two syringes in his car, and two hypodermic syringes and a spoon with residue in his pocket, all of which tested positive for fentanyl. Law enforcement officers also executed a federal search warrant at Collins’s residence, recovering numerous items of drug paraphernalia, empty capsules containing traces of fentanyl, assorted spoons, straws, clear baggies, and approximately 20 syringes, all of which were found in Collins’ bedroom.

On March 26, 2020, after bonding out of state custody, Collins again distributed fentanyl.

This case was investigated by the Drug Enforcement Administration and the Pasco Sheriff’s Office, with assistance from the Pasco and Pinellas County Medical Examiner’s Offices. It is being prosecuted by Assistant United States Attorney Diego F. Novaes. This case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse.

Brainerd Man Sentenced To Prison, $12 Million In Restitution For Minneapolis Police Third Precinct Arson

 MINNEAPOLIS – A Brainerd man was sentenced today to 48 months in prison for his role in the arsons at the Minneapolis Police Department’s Third Precinct building.

According to court documents, on the night of May 28, 2020, Dylan Shakespeare Robinson, 23, went to the Third Precinct where a crowd of hundreds had gathered. At one point, the crowd began shouting, “Burn it down, burn it down.” Soon after, a fence that was designed to keep trespassers out of the Third Precinct was torn down. Robinson, along with other co-conspirators, breached the fence and entered the building. Robinson, assisted by an unidentified co-conspirator, lit an object held by the unidentified co-conspirator who threw it toward the Third Precinct building with the intent that it would start a fire or fuel an existing fire.

“On the night of May 28, 2020, Mr. Robinson chose to depart from lawful protest and instead engaged in violence and destruction. The arson at the Minneapolis Police Department’s Third Precinct put lives at risk and contributed to widespread lawlessness in Minneapolis,” said Acting U.S. Attorney Anders Folk. “With today’s sentence, Mr. Robinson is held accountable for his actions.”

“ATF is committed to investigating the civil unrest arsons of 2020 that occurred throughout the Twin Cities,” said Assistant Special Agent in Charge Jeff Reed, of the ATF St. Paul Field Division. “Arson, being inherently violent, is a serious crime that put many of our community members at risk, and it cannot be tolerated.”

“The danger posed by the defendant in this case was very real,” said Michael Paul, special agent in charge of the FBI’s Minneapolis field office. “Today’s sentencing sends a clear message—regardless of motivation, when someone is intent on conducting a violent act that breaks federal law, the FBI and our law enforcement partners will move assertively to hold them accountable. This type of behavior puts public servants and our entire community in danger, and we simply will not let it go unaddressed.”

On December 15, 2020, Robinson pleaded guilty to one count of conspiracy to commit arson. As part of his sentencing today, Robinson was ordered to serve two years of supervised release and pay $12 million in restitution.

Co-conspirators Bryce Michael Williams, 27, Davon De-Andre Turner, 25, and Branden Michael Wolfe, 23, have all pleaded guilty to one count each of conspiracy to commit arson for their roles in the arson at the Third Precinct building. They will be sentenced at a later date.

This case was the result of an investigation conducted jointly by the ATF, the FBI, the Minneapolis Police Department, and the Minnesota State Fire Marshal Division.

This case is being prosecuted by Assistant U.S. Attorneys Harry M. Jacobs and David P. Steinkamp.

Monroe County Man Indicted For Bank Robbery

 SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 27, 2021, Terrance Tyson, age 44, of East Stroudsburg, Pennsylvania, was indicted by a federal grand jury for bank robbery.

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on September 24, 2019, Tyson committed a robbery of the NBT Bank located in East Stroudsburg and took approximately $5,226.

The case was investigated by the Stroud Area Regional Police Department and the FBI Safe Streets Task Force.  Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice 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 enforcement and the local community to develop effective, locally-based strategies to reduce crime.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Under federal law, Tyson faces a maximum sentence of up to 20 years in prison, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.