Wednesday, March 31, 2021

Dewitt Man Sentenced to 30 Years in Prison for Attempted Coercion and Enticement of a Child and Possession of Child Pornography

 SYRACUSE, NEW YORK - Derek Indivero, age 28, of Dewitt, New York, was sentenced today to serve 30 years in prison for attempted coercion and enticement of a child and possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon, Special Agent-in-Charge Thomas Relford of the Albany Division of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett. 

As part of his earlier guilty plea, Indivero admitted that in February of 2018 he began communicating with a middle school student using the on-line messaging application Snapchat.  Indivero offered the student $50 in exchange for sexual contact, and then met with the minor, engaged in the sexual contact, and paid the child $49.

Later that same month, law enforcement officials took over the middle school student’s Snapchat identity and, posing as the child, continued messaging Indivero. During the course of a Snapchat conversation, Indivero offered to pay the child $50 in exchange for oral sexual conduct, and then drove to a location to meet with the child for that purpose.  Instead of finding the child, Indivero encountered law enforcement officials, and was arrested.

As part of his guilty plea, Indivero also admitted that at the time of his arrest he possessed 37 child pornography videos he obtained from the Internet using his cellular telephone.  

Chief United States District Judge Glenn T. Suddaby also imposed a 30-year term of supervised release, which will start after Indivero is released from prison, and ordered Indivero to pay $6,000 in restitution and a $200 special assessment. As a result of his conviction, Indivero will be required to register as a sex offender upon his release from prison.

Indivero’s case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police in coordination with the Onondaga County Sheriff’s Office and the Onondaga County District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood.  Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Bridgeport Man Pleads Guilty to Federal Gun Charge

 Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that CHAZ DEAR, 23, of Bridgeport, pleaded guilty today to possession of a firearm by a felon.

Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. Magistrate Judge Donna F. Martinez occurred via videoconference.

According court documents and statements made in court, in late 2019, law enforcement received information that Dear, who was on state parole, was selling marijuana.  Investigators subsequently made a controlled purchase of marijuana from Dear.  On January 30, 2020, Dear was arrested after a court-authorized search of his residence revealed a Glock 27, .40 caliber handgun with an extended magazine loaded with 23 rounds of ammunition, as well as small quantities of heroin and crack cocaine.

Dear’s criminal history includes state felony convictions for narcotics, weapon and larceny offenses.  It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Dear is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on June 30, 2021, at which time he faces a maximum term of imprisonment of 10 years. 

Dear has been detained since his arrest.

This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Connecticut State Police Statewide Narcotics Task Force and Bridgeport Police Department.  The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.

Sioux Falls Man Sentenced for Distribution of a Controlled Substance Resulting in Serious Bodily Injury

 Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on March 29, 2021, by U.S. District Judge Karen E. Schreier.

Jordan Daniel Ugalde, age 29, was sentenced to 240 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Ugalde was indicted by a federal grand jury on August 17, 2020. He pled guilty on January 4, 2021.

The conviction stemmed from an incident on or about May 6, 2019, when Ugalde, knowingly and intentionally distributed heroin and said heroin resulted in the serious bodily injury of a victim.  The victim self-injected the heroin provided by Ugalde and sustained an overdose which was reversed by the administration of Narcan.  Heroin is a Schedule I controlled substance.

This case was investigated by the Sioux Falls Police Department and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

Five Men and One Woman Sentenced for Meth Trafficking Conspiracy

 Acting United States Attorney Dennis Holmes announced that six defendants convicted of Conspiracy to Distribute a Controlled Substance, have been sentenced to federal prison terms by U.S. District Judge Karen E. Schreier.

Robert Henry Heyer, Jr., a/k/a Bobby Heyer, age 49, from Peoria, Arizona, was sentenced on March 8, 2021, to 280 months 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.

Andrew Charles Anderson, a/k/a Andy Anderson, age 44, from Sioux Falls, South Dakota, was sentenced on December 14, 2020, to 60 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Rex Leon Burtis, age 57, from Coleman, South Dakota, was sentenced on October 26, 2020, to 144 months 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.

Jacquelyn Ann Muhs, age 45, from Dimock, South Dakota, was sentenced on May 18, 2020, to 120 months of federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Alex Geoffery Lang, age 26, from Sioux Falls, South Dakota, was sentenced on May 11, 2020, to 114 months 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.

Christopher F. Vonwille, age 58, from Sioux Falls, South Dakota, was sentenced on October 21, 2019, to 180 months 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.

Vonwille was indicted on March 5, 2019; Muhs and Burtis were indicted on May 8, 2019; Lang was indicted on June 6, 2019; and Anderson and Heyer were indicated on January 7, 2020.

Vonwille pled guilty on August 2, 2019; Lang pled guilty on January 28, 2020; Muhs pled guilty on February 24, 2020; Anderson pled guilty on September 23, 2020; and Heyer pled guilty on October 5, 2020.

Burtis was found guilty as a result of a federal jury trial in Sioux Falls, South Dakota, on July 28, 2020.

Beginning at an unknown date and continuing until on or about January 7, 2020, in the District of South Dakota and elsewhere, Defendants knowingly and intentionally combined, conspired, confederated, and agreed together, with others known and unknown, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine, which is a Scheduled II controlled substance.

This case was investigated by the U.S. Postal Inspection Service, Drug Enforcement Administration, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the Department of Criminal Investigation.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

All Defendants were turned over to the custody of the U.S. Marshals Service following their sentencings.   

Former Intelligence Analyst Pleads Guilty to Disclosing Classified Information

 WASHINGTON – A former intelligence analyst and former military servicemember pleaded guilty today to illegally obtaining classified national defense information and disclosing it to a reporter.

According to court records, Daniel Everette Hale, 31, of Nashville, Tennessee, served as an enlisted airman in the U.S. Air Force from July 2009 to July 2013. After receiving language and intelligence training, Hale was assigned to work at the National Security Agency (NSA) and deployed to Afghanistan as an intelligence analyst. After leaving the Air Force in July 2013, Hale was employed by a defense contractor and assigned to the NGA, where he worked as a political geography analyst between December 2013 and August 2014. In connection with his active duty service and work for the NSA, and during his time at NGA, Hale held a Top Secret // Sensitive Compartmented Information (TS//SCI) security clearance and was entrusted with access to classified national defense information.

“Hale has now admitted what the evidence at trial would have conclusively shown: that he took classified documents from his work at the National Geospatial Intelligence Agency (NGA), documents he had no right to retain, and that he sent them to a reporter, knowing all along that what he was doing was against the law,” said Assistant Attorney General John C. Demers for the Justice Department's National Security Division. “This conduct undermined the efforts of our Intelligence Community to keep us safe. Hale’s plea is another step in the Department’s ongoing efforts to prosecute and deter leaks of classified information.”

“Those who are entrusted with classified information have a duty to safeguard that information in order to protect our Nation’s security,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “As an analyst for the Intelligence Community, Daniel Hale knowingly took highly classified documents and disclosed them without authorization, thereby violating his solemn obligations to our country. We are firmly committed to seeking equal justice under the law and holding accountable those who betray their oath to safeguard national security information.”

According to court records, beginning in April 2013, while enlisted in the U.S. Air Force and assigned to the NSA, Hale began communicating with a reporter. Hale met with the reporter in person on multiple occasions, and communicated with the reporter via phone, text message, email, and, at times, an encrypted messaging platform. Then, in February 2014, while working as a cleared defense contractor at NGA, Hale printed six classified documents unrelated to his work at NGA and soon after exchanged a series of messages with the reporter. Each of the six documents printed were later published by the reporter’s news outlet.

According to court records, while employed as a cleared defense contractor for NGA, Hale printed 36 documents from his Top Secret computer, including 23 documents unrelated to his work at NGA. Of the 23 documents unrelated to his work at NGA, Hale provided at least 17 to the reporter and/or the reporter’s online news outlet, which published the documents in whole or in part. Eleven of the published documents were marked as Top Secret or Secret.

According to court records, in August 2014, Hale’s cell phone contact list included contact information for the reporter. He also possessed a thumb drive that contained a page marked “SECRET” from a classified document that Hale had printed in February 2014 and had attempted to delete from the thumb drive. In addition, Hale possessed on his home computer another document that he had stolen from NGA.

Hale pleaded guilty to retention and transmission of national defense information, and he faces a maximum penalty of 10 years in prison when sentenced on July 13, 2021. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

John C. Demers, Assistant Attorney General for National Security and Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia made the announcement after the plea was accepted by Senior U.S. District Judge Liam O’Grady.

Assistant U.S. Attorneys Gordon D. Kromberg and Alexander P. Berrang and Senior Trial Attorney Heather M. Schmidt of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case

DeepDotWeb Administrator Pleads Guilty to Money Laundering Conspiracy

 DotWeb received over $8 million in kickbacks from purchases of fentanyl, firearms, and other contraband on Darknet marketplaces

WASHINGTON – An Israeli national pleaded guilty today for his role in operating DeepDotWeb (DDW), a website that connected Internet users with Darknet marketplaces, where they purchased illegal firearms, malware and hacking tools, stolen financial data, heroin and fentanyl, and other contraband.

According to court documents, Tal Prihar, 37, an Israeli citizen residing in Brazil, owned and operated DDW along with co-defendant Michael Phan, 34, of Israel, beginning in October 2013. In addition to providing general information about the Darknet, DDW provided users with direct links to illegal Darknet marketplaces, which are not accessible through traditional search engines. For providing these links, Prihar and Phan received kickback payments from the marketplaces in the form of virtual currency, including approximately 8,155 bitcoins (worth approximately $8.4 million based on the bitcoin trading value at the time of the transactions). To conceal the nature and source of these illegal kickback payments, Prihar transferred the payments from his DDW bitcoin wallet to other bitcoin accounts and to bank accounts he controlled in the names of shell companies. DDW was seized by federal authorities in April 2019, and Prihar has agreed to forfeit $8,414,173.

"Tal Prihar served as a broker for illegal Darknet marketplaces — helping such marketplaces find customers for fentanyl, firearms, and other dangerous contraband — and profited from the illegal business that ensued," said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. "This prosecution, seizure of the broker website, and forfeiture send a clear message that we are not only prosecuting the administrators of Darknet marketplaces offering illegal goods and services, but we will also bring to justice those that aim to facilitate and profit from them."

"Tal Prihar today acknowledged his leadership role in operating a web site that served as a gateway to numerous dark web marketplaces selling fentanyl, heroin, firearms, hacking tools and other illegal goods," said Acting U.S. Attorney Stephen R. Kaufman for the Western District of Pennsylvania. "Mr. Prihar and his codefendant extracted a fee from each customer routed to these illegal sites, profiting in the millions of dollars."

"For six years, DeepDotWeb was a gateway to facilitate the illegal purchase of items to include dangerous drugs, weapons, and malicious software," said Acting Special Agent in Charge Carlton Peeples of the FBI’s Pittsburgh Field Office. "Prihar profited as a byproduct from other people’s dangerous transactions and today’s guilty plea sends a message to other cyber actors across the globe who think the dark web is a safe haven. The FBI works with our local, state, federal and international partners regularly to dismantle illicit websites and go after those responsible for them."

Prihar pleaded guilty to conspiracy to commit money laundering. He is scheduled to be sentenced on Aug. 2, and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Pittsburgh Field Office is investigating the case.

Assistant U.S. Attorney Jessica Lieber Smolar of the U.S. Attorney’s Office for the Western District of Pennsylvania and Trial Attorneys C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section and Alexander Gottfried of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.

The department thanks the French authorities as well as its law enforcement colleagues at the U.S. Postal Inspection Service, IRS, Brazilian Federal Police Cyber Division, Israeli National Police, Dutch National Police, Europol Darkweb Team, Federal Criminal Police Office of Germany, and National Crime Agency in the United Kingdom. Significant assistance was provided by the Justice Department’s Office of International Affairs.

This case was brought in conjunction with the Joint Criminal Opioid and Darknet Enforcement (J-CODE) Team. Established within the FBI’s Hi-Tech Organized Crime Unit, J-CODE is a U.S. Government initiative announced in January 2018, aimed at targeting drug trafficking, especially fentanyl and other opioids, on the Darknet. The J-CODE team brings together agents, analysts and professional staff with expertise in drugs, gangs, health care fraud and more. J-CODE entities, including the FBI, Drug Enforcement Administration, U.S. Postal Inspection Service, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Department of Defense, Financial Crimes Enforcement Network and Department of Justice focus on disrupting the sale of drugs via the Darknet and dismantling criminal enterprises that facilitate this trafficking.

This prosecution also is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Guatemalan Man Convicted of Causing Misuse of a Social Security Number

 Hattiesburg, Miss. –  Angel Perez-Valezquez, a citizen of Guatemala, pled guilty today before U.S. District Judge Taylor B. McNeel to the crime of causing misuse of a social security number, announced Acting U.S. Attorney Darren LaMarca and Jack P. Stanton, Acting Special Agent in Charge of Homeland Security Investigations in New Orleans.

Perez-Valezquez will be sentenced by Judge McNeel on July 7, 2021, and faces a maximum penalty of 5 years in prison, up to a $250,000 fine, and up to 3 years of supervised release.  He also faces Homeland Security removal proceedings to remove him from the U.S. to Guatemala. 

On August 25, 2020, the Department of Homeland Security, Border Enforcement Security Task Force in Gulfport, received information from the Hattiesburg Police Department regarding the arrest of Perez-Valezqez who had been working at the Mar-Jac Poultry Plant, under an assumed identity.  A victim of the identity theft had contacted the Hattiesburg Police Department and reported the victim had received an Internal Revenue Service W-2 Form for 2019 from Mar-Jac Poultry.  The victim said he had never been to Hattiesburg and had never worked for Mar-Jac Poultry.  

Homeland Security Investigations agents determined that Perez-Valezquez worked at Mar-Jac Poultry under the victim’s name and social security number.  Each time Perez-Valezquez was paid, he caused his employer, Mar-Jac Poultry, to report false information to the Social Security Administration, using the victim’s name and Social Security Number. 

Acting U.S. Attorney LaMarca praised the coordination of Homeland Security Investigations and the Hattiesburg Police.  Assistant U.S. Attorney Stan Harris is the prosecutor for the case. 

Indiana Man Pleads Guilty To Interstate Stalking Resulting In Death

 Orlando, Florida – Jarvis Wayne Madison (62, New Albany, IN) has pleaded guilty to one count of interstate stalking resulting in death of R.M. Madison faces a maximum penalty of life in federal prison. A sentencing date is scheduled for June 14, 2021.

Madison had been indicted on January 12, 2017. 

According to court documents, Madison and R.M. were married but estranged. On November 15, 2016, in Indiana, Madison held R.M. against her will, threatened to kill her, and shot at her with a firearm. R.M. was able to escape from Madison and, with the help of a relative, relocate to Ormond Beach, Florida. From November 15, 2016, to November 27, 2016, Madison left multiple voicemails on and sent multiple text messages to the cellphone of R.M.’s relative, attempting to get R.M. to speak to him.

During at least a portion of that period, Madison stayed with Belenda Sandy at her West Virginia residence, eventually leaving there and driving to Florida with a firearm and binoculars, intending to harass R.M. In Florida, Madison disguised himself and used the binoculars to conduct surveillance on R.M. After watching her leave her relative’s residence in Ormond Beach alone to go for a jog, Madison made contact with R.M. on November 27, 2016. Madison and R.M. then left the area in his SUV. A short time thereafter Madison pointed a firearm at R.M. and shot her three times, killing her. Madison then left Florida with the R.M.’s body in his SUV and traveled back to Sandy’s residence in West Virginia. After spending the night there, Madison bought a shovel and a tarp and drove to Tennessee, where he buried R.M.’s body in a shallow grave.

Following R.M.’s disappearance on November 27, 2016, authorities began an investigation that resulted in Madison’s arrest on December 2, 2016, in Kentucky.  During a subsequent search of Madison’s SUV, law enforcement recovered the firearm used in the homicide, as well as the binoculars he used to stalk R.M. Law enforcement also observed blood stains on the front passenger seat of the SUV. When interviewed, Madison admitted he shot R.M. and later directed authorities where to find her body.

Sandy (60, Buckhannon, West Virginia) previously pleaded guilty and was sentenced to 87 months in federal prison for obstruction of justice related to this case. 

This case was investigated by the Federal Bureau of Investigation (Jacksonville, Knoxville, and Louisville Field Offices), with assistance from the Volusia County Sheriff’s Office, the United States Marshals Service, the Indiana State Police, and the Clarksville (Indiana) Police Department. It is being prosecuted by Assistant United States Attorneys Shawn P. Napier and Daniel P. Jancha.

If you are a victim of domestic violence, or know someone who is, remember that you are not alone. For assistance and resources in your area, call the Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit the Office on Violence Against Women at https://www.justice.gov/ovw/domestic-violence. Assistance is also available from local law enforcement.

Deltona Man Federally Charged With Using A Minor To Produce Child Sex Abuse Images

 Jacksonville, Florida – Acting United States Attorney Karin Hoppmann announces the unsealing of an indictment charging Wayne Joseph Cavins (62, Deltona) with four counts of producing child exploitation materials. If convicted, he faces a minimum mandatory penalty of 15, and up to 30 years, in federal prison on each count. Cavins was arrested at his home on March 30, 2021, and has been ordered detained pending trial. 

According to the indictment, between January 8 and January 21, 2021, Cavins enticed and used a minor to engage in sexually explicit conduct for the purpose of having the minor produce images depicting the sexual abuse of the minor.

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

This case was investigated by St. Johns County Sheriff’s Office and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ashley Washington.

This is another case 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, 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.

Judge sentences former Missouri State Representative for using campaign funds for his own personal use and expenses

 ST. LOUIS – United States District Judge Stephen R. Clark sentenced Courtney Curtis, today, to 21 months in prison and ordered him to pay restitution in the amount of $47,867.69 to the victims. The 39-year-old Ferguson, Missouri resident pleaded guilty to three counts of wire fraud relative to his theft of funds from his “Curtis for MO” campaign account.  Curtis served as Representative of Missouri District 73 from 2013 until 2019. Most recently, Curtis served as an assistant to St. Louis County Councilwoman Rita Heard Days.   

Beginning on or about January 1, 2016 and continuing through or about December 31, 2017, Curtis misled donors by falsely representing that money contributions to the “Curtis for MO” campaign committee would be used for campaign and reelection purposes, when, in fact, he used a substantial portion of the money contributed by donors to the “Curtis for MO” campaign committee for his own personal use and expenses. 

After fraudulently convincing constituents to donate money to the “Curtis for MO” campaign committee, Curtis knowingly used monies in the “Curtis for MO” campaign committee bank account for his own personal benefit, unrelated to any legitimate campaign or re-election purpose in various ways, including but not limited to: using money in the account to pay for his apartment rental and utility bills; paying for hotel, airfare and travel expenses for himself and companions; paying for restaurant and bar bills; withdrawing funds from the account through substantial cash withdrawals, including at area casinos; and, using money in the account to purchase retail items for his personal use. 

Additionally, from time to time, Curtis deposited campaign donation checks into his personal bank account and used those funds to pay for personal living expenses unrelated to any legitimate campaign or re-election purpose. Curtis acted to conceal his scheme by failing to file required reports with the Missouri Ethics Commission, or by filing false reports with the Missouri Ethics Commission, which failed to identify his cash withdrawals from the “Curtis for MO” campaign committee bank account, failed to identify payments made directly from the “Curtis for MO” campaign committee bank account which were made for his own personal use, unrelated to any campaign or re-election purpose, and failed to identify campaign donation checks received and deposited to his personal bank account. Curtis wire transferred funds from the “Curtis for MO” campaign account to pay for personal expenses and to make cash withdrawals.

Total funds obtained by Curtis through his scheme to defraud his donors was approximately $47,867.69.

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Hal Goldsmith is handling the case.

San Diego Business Leader Gina Champion-Cain Sentenced to 15 Years for Massive Ponzi Scheme and Obstruction of Justice

SAN DIEGO – Gina Champion-Cain, a long-time San Diego business leader, restauranteur, and real estate magnate, was sentenced in federal court today to 15 years in prison for masterminding a massive, years-long Ponzi scheme and obstructing justice by hiding and destroying evidence from federal investigators. 

When she pleaded guilty on July 22, 2020, Champion-Cain admitted that she raised more than $350 million from investors by promising to use their money to make loans to business owners who were attempting to acquire California liquor licenses. The investors were unaware, however, that Champion-Cain was not keeping her promise. 

According to court records, Champion-Cain and her co-conspirators instead used funds from new investors to pay back others whose investments would soon be redeemed, and embezzled funds to support her other businesses and her lifestyle.  Champion-Cain and her co-conspirators kept the scheme going by, among other things, fabricating documents, forging signatures, and telling investors lies through fake email accounts so that when investors attempted to double-check on their investments with third parties, they were often really communicating with the defendant or her employees. 

In handing down the sentence, U.S. District Judge Larry Alan Burns told the defendant that her scheme demonstrated “tremendous callousness” and “extreme avarice” in committing a “monumental crime.”

“This is a fitting sentence for a defendant who caused significant harm to hundreds of victims,” said Acting U.S. Attorney Randy Grossman. “This Ponzi scheme cost investors hundreds of millions of dollars while the defendant lived in luxury. We will continue our aggressive efforts to prosecute those who swindle, deceive and bring financial devastation to victims.”

“For years, Gina Champion-Cain used her status in the community to lie, cheat, and steal more than a staggering $350 million dollars - all from investors who trusted her with their hard-earned money and, in many instances, their life's savings,” said FBI Special Agent in Charge Suzanne Turner. “While the victims have suffered significantly from the defendant's betrayal, we hope today's sentence will bring some closure as they see Champion-Cain being held accountable for the damage she has caused. Let this serve as a warning that the FBI is dedicated to protecting the community from criminals, like Champion-Cain, who commit investment fraud.”

Crispin Torres, the former Chief Financial Officer of one of Champion-Cain’s companies, was sentenced on March 23, 2021 to four years in prison for using funds received from investors to prop up Champion-Cain’s other businesses.

Throughout her scheme, Champion-Cain made agreed-upon payments to her investors so that they would continue to believe that the supposed investment program was legitimate, according to court filings.  This, in turn, helped her perpetuate the scheme and recruit more victims. Champion-Cain also stole tens of millions of dollars of investor funds to keep her other businesses afloat and enrich herself.  Because many of Champion-Cain’s restaurant and retail businesses were failing or had negative cash flow, they needed funds to meet expenses. Time after time, Champion-Cain and Torres worked together to steal millions of dollars of investor funds to cover the shortfall. Champion-Cain also spent millions of investor dollars to pay for her own salary, box seats at professional baseball and football games, credit card bills, automobiles, jewelry, and other personal luxuries.

Champion-Cain’s plea agreement also describes her efforts to obstruct federal investigations into the scheme.  Beginning in July 2019, after learning of investigations being conducted by federal agencies, she instructed her employees to destroy emails; not produce electronic calendar, messaging, and trash files; alter accounting records to hide the fact that investor funds were used to pay her personal expenses; and shred paper records.  Champion-Cain even attempted to solicit an investment of $150 million in the hopes that she could use the funds to hide her scheme.  Despite her efforts, investigators were able to recover a significant volume of the evidence Champion-Cain attempted to destroy.

Grossman praised the lead prosecutors on the case, Assistant U.S. Attorneys Aaron Arnzen and Andrew Galvin, as well as investigators and attorneys from the Federal Bureau of Investigation and the Securities and Exchange Commission, for their excellent work on this case

DEFENDANTS                                            

Case Number 20CR2115-LAB                                           

Gina Champion-Cain                                     Age: 57                                   San Diego, CA

Case Number 20CR2114-LAB

Crispin Torres                                                 Age: 53                                   National City, CA

SUMMARY OF CHARGES

Securities Fraud, Title 15, U.S.C. Sections 77q and 77x (Champion-Cain)

Obstruction of Justice, Title 18, U.S.C. Section 1505 (Champion-Cain)

Conspiracy, Title 18, U.S.C. Section 371 (Champion-Cain and Torres)

AGENCY

Federal Bureau of Investigation

St. Louis tax preparer pleads guilty to tax fraud

ST. LOUIS – Tiffany McAllister, 44, of St. Louis, Missouri, pleaded guilty to three counts of tax fraud. McAllister appeared, today, before United States District Court Judge Ronnie L. White.

McAllister began operating a tax preparation service in 2009 and continued the business through the 2019 tax year.

During that period, McAllister registered two companies with the Missouri Secretary of State and obtained employer identification numbers for them through the Internal Revenue Service even though she never transacted business nor employed anyone through either company. Nevertheless, between January 1, 2014 and December 31, 2016, McAllister prepared fraudulent tax returns claiming that she and some of her clients received wages and had taxes withheld with respect to the fictitious companies.

McAllister also knowingly prepared tax returns for clients that fraudulently claimed wages and withholdings from other fictitious businesses, self-employment business losses, and educational expenses in order to increase the federal tax refunds her clients obtained. 

An investigation by the Internal Revenue Service revealed McAllister received payment for assisting in the fraudulent preparation of 39 tax returns for the tax years of 2014 through 2017. 

McAllister admits her false representations for the tax years of 2014, 2015, 2016 and 2017 created tax losses to the Internal Revenue Service in the amount of $920,854.

Judge White has set sentencing for June 30, 2021 at 11:00 a.m.

“Today, Ms. McAllister admitted to preparing and submitting fraudulent returns to the IRS where she blatantly ignored the tax laws,” said David Talcott, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “IRS CI Special Agents will continue to ensure that all tax preparers and others in the tax preparer profession adhere to professional standards and follow the law.”

The Internal Revenue Service investigated the case. Assistant United States Attorney Tracy Berry is handling the case.

 

Martinsburg woman admits to role in drug trafficking operation

MARTINSBURG, WEST VIRGINIA – Misty Rose Jackson, of Martinsburg West Virginia, has admitted to her role in a drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
 
Jackson, 33, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute 28 Grams or More of Cocaine Base.” Jackson admitted to working with another to distribute cocaine base in April 2020 in Berkeley and Jefferson Counties.

Jackson faces at least five and up to 40 years of incarceration and a fine of up to $5,000,000. 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 Lara Omps-Botteicher is prosecuting the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated. 

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. 

U.S. Magistrate Judge Robert W. Trumble presided.

 

56 Members Of A Violent Gang Charged With Drug Trafficking And Firearms Violations In San Juan, Carolina, And Trujillo Alto, Puerto Rico

 SAN JUAN, Puerto Rico – On March 23, 2021, a federal grand jury in the District of Puerto Rico returned an indictment charging 56 violent gang members from the municipalities of San Juan, Carolina and Trujillo Alto, with conspiracy to possess with intent to distribute, possession with intent to distribute controlled substances, and firearms violations, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Puerto Rico Police Bureau (PRPB), San Juan and Carolina Strike Forces, and the United States Marshals Service investigated the case.

“This operation shows our resolve, along with our federal and state law enforcement partners, to continue working to protect the communities we serve from these deadly drugs and violence,” said W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. “Operation 65 successfully removed members of an extremely violent drug organization from our streets and reflects the excellent collaboration between our federal and Puerto Rico law enforcement partners – coordinated through our HIDTA and OCDETF task force programs.”

“The members of “65 Inc.,” as this criminal organization was known, flooded San Juan, Carolina and Trujillo Alto neighborhoods with gun violence and drugs. Many lives in those communities have been irreparably damaged as a result of their violent criminal activity,” said Robert Cekada, Special Agent in Charge of ATF Miami Field Division.  “During the course of the investigation, ATF, the USMS, PRPB, Carolina PD, and San Juan PD worked relentlessly to investigate 65 Inc. leaders and other key members of the organization. Also, Guaynabo PD, Bayamón PD, and San Juan PD assisted during the arrests.”

“The United States Marshals Service will continue working with the United States Attorney’s Office, the Bureau of Alcohol Tobacco and Firearms and all other agencies in conducting these enforcement operations to fight crime,” said Wilmer Ocasio Ibarra, US Marshal.  “Today, I commend our Deputies and Task Force Officers for the excellent job they have done and continue to do every day in order to make our streets and communities safer.”

The indictment alleges that from 2015 to the date of the return of the indictment, the drug trafficking organization distributed cocaine base (commonly known as “crack”), heroin, cocaine, marihuana, Oxycodone (Percocet), and Alprazolam (Xanax) within 1,000 feet of the Jardines del Paraíso, Jardines de Monte Hatillo, Las Dalias, Monte Park, Jardines de Campo Rico, San Martín, Jardines de Country Club, Ernesto Ramos Antonini, La Esmeralda, and Nuestra Señora de Covadonga Public Housing Projects, Los Claveles Condominium, and Buen Consejo Ward. The object of the conspiracy was the large-scale distribution of controlled substances and to possess and distribute kilogram quantities of controlled substances, mainly cocaine, in Puerto Rico, for further distribution in the continental United States.

In or around August 2015, new leadership among the street gangs emerged and gained control of most of the housing projects and wards within specific areas of San Juan, Carolina and Trujillo Alto. Members of this new gang identified themselves as 65 INC. or 65. Their goal was to take over and maintain control of all the drug trafficking activities within specific areas in the mentioned municipalities through the use of force, threats, intimidation and violence. Some members of 65 INC. transported and distributed kilogram quantities of cocaine from Puerto Rico to the continental United States.

During the course of the investigation, over 100 weapons were seized either directly from members of the drug trafficking organization or recovered by the Puerto Rico Police Bureau and ATF in areas controlled by the organization. Twenty-seven of the weapons recovered had been converted into machineguns.

Members of the organization had illegal connections to obtain weapons of different makes, models and calibers, including high powered rifles like AK-47 and AR-15 type pistols. They also had individuals who had the knowledge to modify firearms to convert them into fully automatic machineguns. They were also able to obtain high capacity magazines capable of accepting up to 30 rounds of ammunition at a time, and drum magazines capable of accepting up to 50 rounds of ammunition at a time, all of which were used by members of the organization. These types of magazines were also recovered by the PRPB and ATF during the investigation.

Members of the organization displayed their power and association with each other in the street by brandishing and at times firing weapons into the air, both at night and in broad daylight. Weapons would be brandished in public spaces, such as bars, pubs, common areas of the housing projects and wards they controlled, and outside areas of rival housing projects and wards. Some of the members of the conspiracy would drive around firing their weapons from moving vehicles in areas known to be controlled by rival gangs and in broad daylight on public roads and bridges, such as the Teodoro Moscoso bridge.

The organization’s control over drug trafficking stretched beyond Puerto Rico. Some of the members were involved in multi-kilogram distribution of cocaine to several states in the United States. They used other co-conspirators who traveled to the continental United States as mules with the cocaine. The mules would travel at times with up to 10 kilos each. The proceeds of the sale of those kilos was then transported back to Puerto Rico to the drug trafficking organization.

As part of the conspiracy, the members acted in different roles to further the goals of the conspiracy, including acting as leaders, drug point owners, runners, suppliers, enforcers, drug processors, sellers, and facilitators. The leaders and drug point owners routinely authorized and instructed other co-conspirators to provide free samples of narcotics to customers to promote the sales of a specific brand of drug.  The defendants had access to cars, motorcycles, and scooters which they used to transport money, narcotics, and firearms.

The members of the gang used force, violence, and intimidation to maintain control of the areas in which they operated. They often abducted and assaulted rival drug traffickers as well as members of their own drug trafficking organization to intimidate and maintain control of the drug trafficking.  Thirty-two defendants are facing one charge of possession of firearms in furtherance of a drug trafficking crime. They are:

Joseph E. Pérez-González, a/k/a “Peca/Stripper”

Shelby J. Pérez-Cora, a/k/a “White Bear/Shelby”

Joseph Marte-Rodríguez, a/k/a “Mato/Matagato”

Miguel A. Arroyo-Andújar, a/k/a “Mawi/Mawiton”

Julio Rodríguez-Febres, a/k/a “Julito/Pai/Líder”

Iron Lee Jorge Colón, a/k/a “Iron/Doble/Doble A”

Jean C. Torres-Meléndez, a/k/a “Yankee/30”

Jorge A. Sánchez-Arizmendi, a/k/a “Georgi/Rubia/OG Black”

Milton Caliel Rodríguez/Medero, a/k/a “Cali”

Saul Ortiz-Ortiz

Héctor Deejay Vega-Collazo, a/k/a “DJ/Dinero”

José Navedo-Ramos, a/k/a “Joshuany/Joshy”

Juan A. Martínez- Martínez, a/k/a “Juancho/Juanchi”

Vicyael Hernández-Díaz, a/k/a “Menor/Vicia/Vic”

Edgar R. López-Pellot, a/k/a “Johnny/Joni”

David Escribano-López, a/k/a “Lobo”

Victor Guadalupe-Gómez, a/k/a “Vitito”

Pedro R. Oquendo-Arrufat, a/k/a “Chuky”

Juan C. Rivera-Esquilín, a/k/a “Cano/C”

Joel Rivera-Molina, a/k/a “Barber”

Camilo Pérez-Marquez, a/k/a “El Boxeador”

Lennyn Santiago-Hernández, a/k/a “Lenny”

Tony R. López-Torres, a/k/a “Sombra”

Francisco Bonilla-García, a/k/a “Cholin”

Ricardo A. Arias-Rivera, a/k/a “Ricky R/Casco/Ricky/Cholón/Jirafa”

John M. Dávila-Martínez, a/k/a “Moña”

Alfred Baliester-Colón, a/k/a “Tuto”

Heriberto Torres-Díaz, a/k/a “Yerno”

Luis E. Díaz-Peguero

Héctor Cuba-Ortiz, a/k/a “Cuba”

Raymond Pizarro-Quintero, a/k/a “Memo”

Francisco Maracayo-Correa, a/k/a “Los Maracayo”

 

The other defendants are:

Raúl Torres-Santana, a/k/a “Manota

Shaquille Lugo-Nuñez, a/k/a “Lindo”

Bryan Hernández-López, a/k/a “Sweepy/Swepy”

Luis E. Guzmán-González, a/k/a “Chito/Cheeto”

Michael Román-Amador, a/k/a “Huevo/Pipi”

José Robles-Feliciano, a/k/a “Nervio”

Johan J. Rosales-Medero, a/k/a “Johancito”

Terix Zabala-González, a/k/a “Terix/Teri”

Willys J. Torres- González, a/k/a “Hershey”

Chawil Campusano-Vázquez, a/k/a “Chawi/Chewi/Chegüi”

Evaris Naomi García-Camacho

Samuel Torres-Santiago

Jouseph Bermúdez-Matos, a/k/a “Kobe”

Emilio Rodríguez-Arce

Anthony Figueroa-Valladares, a/k/a “Farru/Farruko”

Rayden Oneill-Díaz, a/k/a “R/J/Raiden”

Eduardo Benítez-Meléndez, a/k/a “Yambele”

Carlos R. Miró-Pagán, a/k/a “Farru”

Victor Maracayo-Correa, a/k/a “Maca/Los Maracayo/M”

Alexander Schroeder-Montañez, a/k/a “Blanquito”

Noah Martínez, a/k/a “Gringo”

Benjamín Rivera-Castro, a/k/a “Benji”

Roberto Ramos-Carrasquillo, a/k/a “Popi”

María Santiago-González

Assistant U.S. Attorney and Chief of the Gang Section Alberto López-Rocafort, Deputy Chief of the Gang Section, AUSA Tereza Zapata-Valladares, and AUSA Pedro Casablanca are in charge of the prosecution of the case. If convicted on the drug charges, the defendants face a minimum sentence of 10 years, and up to life in prison. If convicted of both the drug and firearms charges, the defendants face a minimum sentence of 15 years, and up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

Former Member of North Shore Latin Kings Chapter Sentenced for Drug Distribution Charges

 BOSTON – A former member of the North Shore Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced today on drug distribution charges.

Jesus Diaz, a/k/a “King Kiko,” 37, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 72 months in prison and three years of supervised release. In December 2020, Diaz pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base, also known as “crack” cocaine.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

Diaz admitted to selling a cooperating witness over 70 grams of cocaine base, or “crack” cocaine, in a series of audio/video recorded sales that took place between January and March of 2015. 

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Diaz is the 21st defendant sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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

Former Member of New Bedford Latin Kings Chapter Pleads Guilty to Racketeering Conspiracy

 BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty yesterday to racketeering and drug charges.

Michael Marrero, a/k/a “King Clumsy,” 40, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for July 1, 2021.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

According to court documents, Marrero served as the Inca, or leader, of the Springfield Chapter of the Latin Kings until 2019, when he was appointed as Enforcer for the State of Massachusetts. In these leadership roles, Marrero attended meetings of the gang and state leadership where the business of the gang was discussed and decisions concerning members and operation of the gang were decided. In August 2019, Marrero was captured on a recording in the basement of a Latin Kings controlled trap house in New Bedford bagging and preparing 62 grams of cocaine base for distribution.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Marrero is the 42nd defendant to plead guilty in the case.

The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren A. Graber of Mendell’s Criminal Division are prosecuting the case.

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

The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Assistant United States Attorney

 USAO District of Nebraska

Criminal Division Attorney
Attorney
1620 Dodge Street, Suite 1400
Omaha, NE 68102
United States
NE-21-0001
About the Office: 

The United States Attorney's Office prosecutes federal offenses and defends the U.S. Government's interest in civil cases.  The United States Attorney's Office for the District of Nebraska covers all counties in the State of Nebraska.  The headquarters office is located in Omaha, Nebraska with a branch office located in Lincoln, Nebraska.

Our office places a high value on diversity of experiences and perspectives and encourages applications from all qualified individuals from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.
Job Description: 

The United States Attorney’s Office District of Nebraska is accepting applications for an Assistant United States Attorney (AUSA) opening in its Asset Forfeiture Unit within the Criminal Division.  The applicant selected will investigate and litigate criminal and civil asset forfeiture matters arising under a broad range of federal offenses, including, among others, wire fraud, health care fraud, drug trafficking, and money laundering, with the aim of taking the profit out of crime and returning property back to crime victims.  Day-to-day responsibilities may include representation of the United States in federal court in hearings and trial, working with other AUSAs and law enforcement agencies, research and writing on legal issues, negotiating case resolutions, and other litigation related duties.  The successful applicant may also have the responsibility to prosecute federal criminal offenses that are associated with asset forfeiture matters.

Responsibilities will increase and assignments will become more complex as your training and experience progresses.

Following appointment, Assistant U.S. Attorneys generally must reside in the district to which they are appointed.  See 28 U.S.C. § 545 for district-specific information. 

This is a permanent position; however, all initial attorney appointments to the Department of Justice are made on a 14-month (temporary) basis pending favorable adjudication of a background investigation. 

This position is open to any United States citizen to apply. 

Qualifications: 

Required Qualifications:  Applicants for an AUSA position must possess a J.D. degree and be an active member of at least one bar (any jurisdiction), and have at least five-eight years post-J.D. litigation experience.

Preferred Qualifications: Applicants must demonstrate a quick analytical ability, the facility to accurately and precisely articulate the critical issues in a case, demonstrate exceptional brief writing and oral advocacy skills and exercise good judgment.  Applicants must possess excellent communication and courtroom skills and exhibit the ability to work in a supportive and professional manner with other attorneys, support staff and client agencies. Experience handling asset forfeiture matters in the state or federal court system will be especially valuable.  Applicants must have a demonstrated capacity to function, with minimal guidance, in a highly demanding office and courtroom environment.  As such, substantial litigation experience in a courtroom setting is preferred.Applicants will be expected to conduct their own legal research and writing and must be substantially self-sufficient in preparing day-to-day correspondence and pleadings. Applicants must also possess computer literacy skills to include experience with automated research, email and word processing systems. 

Security Requirements:
Initial appointment is conditioned upon a satisfactory pre-employment adjudication.  This includes fingerprint, credit and tax checks, and drug testing.  In addition, continued employment is subject to a favorable adjudication of a background investigation.
 

Salary: 
Assistant United States Attorneys' pay is administratively determined based, in part, on the number of years of professional attorney experience. The range of pay is $55,756 to $145,836, plus locality pay.
Travel: 
Occasional travel within and outside the District will be required
Application Process: 

Interested applicants should send a resume, cover letter and writing sample.  Resumes should include detailed description of employment history, to include dates of employment.

If submitting application package via email to denise.smith@usdoj.gov.

The application documents should be contained within one file (with one file name) in PDF format.

United States Attorney’s Office
Attn: Denise M. Smith, Administrative Officer
1620 Dodge Street, Suite 1400
Omaha, Nebraska 68102

Internet Sites:

Other information about the U.S. Attorneys Office for the District of Nebraska can be found at: http://www.usdoj.gov/usao/ne/

This and other attorney vacancy announcements can be found at: http://www.justice.gov/careers/legal/attvacancies.html

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.

Application Deadline: 
Tuesday, April 13, 2021
Relocation Expenses: 
Relocation expenses are not authorized.
Number of Positions: 
1 position – Omaha, Nebraska
Updated March 31, 2021

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

 

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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.

Acting U.S. Attorney Offers Tips for Keeping Families Safe Online

 Charleston, South Carolina --- Following the recent sentencing of a Cheraw man for transferring obscene material to a minor, Acting U.S. Attorney M. Rhett DeHart urges the public to take necessary precautions to keep themselves and their families safe from online predators.

“Be it through social media or other online messaging apps, predatory criminals have used sly communications efforts to victimize neighbors including children,” said Acting U.S. Attorney DeHart.  “Our office urges the public to utilize the FBI Safe Online Surfing Program that covers important topics like cyberbullying, passwords, malware, and social media, while also understanding and following measures proven to help protect them in the consistently-evolving technological world.”

Acting U.S. Attorney DeHart offers the following advice for families to utilize to keep their families safe:

Advice for Children

  1. Keep your accounts private.
  2. Do not accept requests from strangers. Block or ignore messages from strangers.
  3. Be selective about the information and pictures you share online. Know and assume that any content you create online – texts, photos and/or videos – can and will be made public, permanently.  Nothing "disappears" online.  Once you send something, you have no control over where it goes.
  4. Understand that people can pretend to be anything/anyone online and that images can be altered or stolen.
  5. Be suspicious and stop communicating if you meet someone on one app, and they ask you to move to a different platform.
  6. If you feel overwhelmed or victimized, do not hesitate to ask for help, including that of law enforcement.  Do not feel ashamed to report crimes.
  7. Immediately report anything you may believe is illegal to your local police department or to the FBI at 1-800-CALL-FBI (225-5324) or https://tips.fbi.gov.

Advice for Adults

  1. Openly communicate with your children about online activity and possible victimization.
  2. Place limits on internet use and consider shutting down Wi-Fi overnight.
  3. Know and maintain passwords to phones, tablets, and computers.
  4. Spot check phones, tablets and computers and know what apps are being used and what is being downloaded.
  5. Ensure social media settings are set at the strictest level possible.
  6. Monitor who is in communication with your child and what is being said.
  7. Immediately report anything you may believe is illegal to your local police department or to the FBI at 1-800-CALL-FBI (225-5324) or https://tips.fbi.gov.

#####

More information on the FBI Safe Online Surfing Program can be found at: https://www.fbi.gov/about/community-outreach/safe-online-surfing-sos-program.

Serial Fraudster Sentenced to 8 Years in Federal Prison for Conspiring to Steal Mail, Stealing Benefits Under the Cares Act, and Aggravated Identity Theft

Continued to Engage in Fraud Schemes After His Arrest and Release from Custody Last Year; White Obtained CARES Act Benefits in the Names of Maryland Victims

Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Nicholas Milano White, age 30, of Baltimore, Maryland, on March 30, 2021, to eight years in federal prison, followed by three years of supervised release, for the federal charges of conspiracy to steal mail, emergency benefits fraud, and aggravated identity theft.  Judge Bennett also ordered White to pay restitution of $29,234, the full amount of the victims’ losses. 

The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge Bo Keane of the United States Secret Service - Baltimore Field Office; and Chief Melissa R. Hyatt of the Baltimore County Police Department.

“It is crucial that funds available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act go to those who have been hit hardest by this global pandemic,” said Acting U.S. Attorney Jonathan F. Lenzner.  “My office and law enforcement in Maryland are committed to bringing to justice fraudsters who are stealing taxpayer funds and preying on citizens during this public health crisis to personally benefit by stealing victims’ money and personal identifying information.”

“Stealing mail to commit identity theft and bank fraud not only jeopardizes people’s trust in the U.S. postal system, it threatens the overall financial health of our communities,” said U.S. Postal Inspector in Charge for the Washington Division Peter Rendina.  “This is especially true in the world today when individuals are seeking to take advantage of American consumers during this pandemic.  We will continue to work to bring these people to justice with our U.S. Attorney’s office and local, state and federal law enforcement partners.”

According to his guilty plea, between October 2019 and June 2020, White conspired to and engaged in various fraud schemes, theft of mail, counterfeiting of U.S. currency, production and possession of false identification documents and credit profiles, unemployment insurance fraud, and illegal possession of firearms and ammunition.

White admits that on October 11, 2019, he submitted a fraudulent application for financing to purchase a 2016 Maserati Ghibli vehicle.  The credit application listed a false social security number for White and false employment and income information for White and his co-applicant.  White also arranged to have fake paystubs created for attachment to the credit application as verification of his income.  As a result, White secured financing of $30,227 to purchase the vehicle.

As detailed in his plea agreement, in February and March 2020, White devised schemes to defraud banks and to steal money from individuals by negotiating checks stolen from the United States mail.  On March 8, 2020, law enforcement was able to monitor the movements of White and his co-conspirators through a GPS tracking device installed in a parcel stolen from the collection box at the Rosedale Post Office in Baltimore County.  The conspirators’ movements were tracked to several other post offices and collection boxes in Baltimore County where they continued to steal mail.  When Baltimore County Police officers approached, the conspirators fled in a white sedan registered to one of White’s co-conspirators.  Officers located the vehicle in a residential area of Pikesville, Maryland.  The vehicle was unoccupied and gloves, trash bags, and approximately 358 pieces of unprocessed U.S. mail were found on the ground outside the vehicle.  Law enforcement found and arrested White at a nearby location with a co-conspirator and seized cell phones and USB storage devices from White.  White was released from custody following his arrest.  There were at least 136 postal customers whose mail was stolen.  Approximately 48 victims reported that their stolen mail contained bank checks or other financial instruments totaling $48,938 in value.

A search warrant was subsequently executed on the cell phones and other electronic media seized from White.  The cell phones contained text messages about White creating fake credit profiles and false identification documents for himself and others, and conducting fraudulent bank transactions, as well as the personal identifying information (PII) of identity theft victims.  White’s phones also contained credit card “dumps,” and lists of sensitive information pertaining to at least 1,100 credit cards issued to other persons that could be used to create counterfeit copies of the cards.  White had downloaded these lists from websites that illegally marketed and distributed them.  White’s cell phones also revealed Internet searches for business and personal check refills, a credit card dump website and a personal data broker website, and photos of numerous stolen checks, among other things.  Law enforcement also recovered text messages in which White negotiated prices for the purchase of multiple firearms.  A search of White’s USB devices recovered images of U.S. currency in various denominations, which White admitted were used and/or intended to produce counterfeit U.S. currency.  In at least one exchange of text messages, White attempted to sell $5,000 of counterfeit currency to another person, at one point claiming that he had purchased firearms with counterfeit currency.

Following White’s release from custody in March 2020, he continued to engage in fraud by submitting a false claim for Florida state unemployment benefits through the Internet in the name of a real person, using the victim’s personal information, but providing a false mailing address in Baltimore.  As a result of this false application, the Florida Department of Economic Opportunity (DEO) issued at least two checks payable to the victim totaling $875 and mailed them to the Baltimore address.  The victim, a resident of Florida was later contacted by Florida DEO and confirmed that the claim had been submitted without her knowledge or permission.

In addition, on a date no earlier than May 1, 2020, White unlawfully acquired an Economic Impact Payment (EIP) check issued by the U.S. Treasury and authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  The EIP check, in the amount of $2,900, was intended for the benefit of M.H. and M.I., a married couple residing in Maryland.  The EIP check had been placed in the mail and addressed to the former home address of the couple in Baltimore.  On June 23, 2020, White fraudulently negotiated the stolen check by endorsing it with the forged signature of M.H. and depositing it into a bank account fraudulently opened on June 14, 2020, in M.H.’s name and using his social security number and date of birth. 

On June 24, 2020, law enforcement executed search warrants at White’s residence and at another address used by White, and conducted a consent search of a storage unit used by White, all in Baltimore.  Law enforcement recovered the following items:  the stolen EIP check issued to M.H. and M.I.; two fake driver’s licenses listing M.H.’s name and former address, but each displaying a different person’s face; two debit cards issued in the name of M.H.; stolen mail pieces and sensitive financial documents belonging to multiple victims; several blank checks issued for a trust account; numerous fake photo identification cards; counterfeit U.S. currency; fraudulently altered money orders; credit and debit cards displaying different names, at least one of which was determined to be counterfeit; equipment used to print counterfeit currency, create counterfeit credit cards, and fabricate false identification cards, as well as check stock intended to fabricate blank checks and money orders; a .45-caliber pistol; a 9mm pistol with a 50-round-capacity magazine; two .223 caliber high-capacity magazines; and several rounds of ammunition.

Two cell phones and a desktop computer were seized and subsequently searched pursuant to federal search warrants.  One of the phones was found to contain notes listing individuals’ names and identifying information, including M.H., as well as a U.S. Postal Inspector who was involved in the investigation of White’s mail thefts and arrest on March 8, 2020.  Information stored on White’s desktop computer revealed a search of the Postal Inspector’s name on a personal data broker website on March 14, 2020, after White was released from custody.

Judge Bennett also ordered that White forfeit his interest in the following items seized during searches in March and June 2020: firearms, ammunition, and firearms magazines; laptop and desktop computers; cell phones; electronic storage devices; blank plastic cards with magnetic strips and/or chips; blank checks and check stock; printers; embossing machines; and magnetic stripe reader/writers or encoders.

Co-defendant Cedric Jonathan McNeal-Parker, age 29, of Randallstown, Maryland, pleaded guilty to conspiracy and theft of mail and was sentenced on March 10, 2021, to 18 months in federal prison.          

Charges remain pending against Dominic Jerry Robinson, age 26, of Baltimore, who is scheduled to go to trial on September 20, 2021.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

Acting United States Attorney Jonathan F. Lenzner commended the U.S. Postal Inspection Service, the U.S. Secret Service, and the Baltimore County Police Department for their work in the investigation and thanked the Office of the Treasury Inspector General for Tax Administration for its assistance.  Mr. Lenzner thanked Assistant U.S. Attorney Matthew J. Maddox, who is prosecuting the federal case.

Portland Man Sentenced to Federal Prison for Bank Fraud Scheme Involving Minors

 PORTLAND, Ore.—A Portland, Oregon man was sentenced to federal prison today for a bank fraud scheme whereby he would recruit others, including minors, to deposit fraudulent checks into their personal bank accounts and withdraw cash, announced Acting U.S. Attorney Scott Erik Asphaug.

Marcus Raiford, 22, was sentenced to 12 months and one day in federal prison and five years’ supervised release. He was also ordered to pay $75,681 in restitution.

According to court documents, beginning in August 2017 and continuing until at least September 2018, Raiford and others recruited individuals, primarily minors, young adults, and students at various local high schools, to deposit counterfeit checks at banks and credit unions throughout the Portland Metropolitan Area. Raiford and his accomplices used social media platforms, including Snapchat and Instagram, to recruit the minors and young adults, promising significant cash payments in exchange for their participation in the scheme.

Individuals recruited by Raiford and his accomplices were instructed to open accounts at various banks or use existing accounts to deposit counterfeit checks made payable to the recruits. The recruits were told they worked for a company that held inactive investments and accounts in need of liquidation, thereby concealing the scheme. In some instances, the recruits were told they needed to deposit the counterfeit checks to help the company avoid tax liability.

Raiford and others requested the recruits’ identification, ATM card, and pin number so counterfeit checks could be made payable to them and deposited into their accounts. Raiford and his accomplices then withdrew the money from ATMs or made point of sale purchases with the ATM cards at various commercial businesses. Over the course of the conspiracy, Raiford and his accomplices deposited more than $150,000 in counterfeit checks.

On December 19, 2018, a federal grand jury in Portland returned a 14-count indictment charging Raiford and his accomplices with conspiring to commit bank fraud, bank fraud, and money laundering. On August 26, 2020, Raiford pleaded guilty to the conspiracy charge.

This case was investigated by the Portland Police Bureau with assistance from Homeland Security Investigations and the Vancouver Police Department. It was prosecuted by Rachel K. Sowray, Special Assistant U.S. Attorney for the District of Oregon.

Cortland County Woman Pleads Guilty to Child Sexual Exploitation Crimes

 Sarah R. Gates Engaged in and Recoded the Sexual Exploitation of a Child Under Five

SYRACUSE, NEW YORK – Sarah Gates, age 39, of Cortland, New York, pled guilty today to a three-count information charging that she, together with Christopher M. Perry, conspired to sexually exploit, and sexually exploited, a child under five years of age for the purpose of producing images of the abuse.

The announcement was made by the Acting United States Attorney Antoinette T. Bacon and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

As part of her guilty plea, Gates admitted that on several occasions in 2017, she and Christopher M. Perry sexually exploited a child under five years of age while taking photographs using two cell phones.

Christopher M. Perry pled guilty to the same offenses on April 9, 2020 and was sentenced on November 3, 2020 to serve 540 months (45 years) in federal prison. 

Senior United States District Judge Thomas J. McAvoy will sentence Gates on July 28, 2021.  Each of the three crimes to which Gates pled guilty carries a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years in prison, a fine of up to $250,000.00, and a term of post-imprisonment supervised release of at least 5 years and up to life.  She will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

This case is being investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), the City of Cortland Police Department, and the New York State Police-Computer Crimes Unit, and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare and Special Assistant United States Attorney Adrian S. LaRochelle as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Tuesday, March 30, 2021

Marrero Man, Convicted in 2006 of Child Pornography Possession, Pleads Guilty Again to Possession of Child Pornography

 NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that BRADLEY EDWARD CORLEY, age 46, a resident of Marrero, Louisiana, pleaded guilty today before United States District Judge Jay C. Zainey to Count Two of a two-count Indictment charging him with possession of images and videos depicting the sexual exploitation of children, including children as young as approximately four (4) years old, in violation of 18 U.S.C. 2252(a)(4)(B).  In 2006, CORLEY was convicted in the United States District Court for the Eastern District of Louisiana of possession of child pornography.

According to court documents, in about September 2019, Special Agents with the Federal Bureau of Investigation (“FBI”) received a tip that an individual, subsequently determined to be CORLEY, had uploaded approximately seven (7) images depicting the sexual exploitation of children to a digital application and distribution platform designed for video gaming communities.  Agents executed a search warrant at CORLEY’s residence in March 2020 and seized several electronic devices that contained files depicting the sexual victimization of children.  A forensic examination of several of the devices confirmed that CORLEY had used them to search for, download, and save at least 60,000 images and 1,5000 videos depicting the sexual victimization of children, including by visiting a web forum on June 16, 2019, August 4, 2019, and March 9, 2020.  The filed depicted children as young as approximately four (4) years old engaging in sexually explicit conduct, including numerous images and videos that portrayed “sadistic or masochistic conduct or other depictions of violence.”

Because of his prior conviction, if convicted in this matter CORLEY faces a mandatory minimum term of imprisonment of ten (10) years and a maximum term of imprisonment of twenty (20) years for the possession charge.  CORLEY also faces a lifetime of supervised release, a $250,000 fine, and he can be required to register as a sex offender.  Sentencing has been scheduled before Judge Zainey for June 29, 2021.

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

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter, with support from the Jefferson Parish Sheriff’s Office.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.

Covington Man Sentenced for Making a False Declaration in Connection with a Bankruptcy

 NEW ORLEANS – United States Attorney Duane A. Evans announced that PENH KANG (“KANG”), age 42, of Covington, Louisiana, was sentenced today for Making a False Declaration, in violation of Title 18, United States Code, Section 152(3).

According to documents filed in federal court, on or about the 12th day of September 2017, in the Eastern District of Louisiana, KANG, knowingly and fraudulently made a material false declaration, certificate and verification under the penalty of perjury, as permitted under Section 1746 of Title 28, in and in relation to a case under Title 11, In re Pehn Kang, No.17-12431. KANG submitted a Schedules of Assets and Liabilities and a Statement of Financial Affairs, in which the defendant fraudulently answered questions.  Additionally, KANG failed to disclose gambling losses of approximately $40,000 to $60,000, an interest in two Capital One Bank accounts, and a $50,000 life insurance policy.

U.S. District Judge Greg G. Guidry sentenced KANG to probation for a term of 24 months.

The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation and the Office of the U.S. Trustee for the Eastern District of Louisiana with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit.

San Felipe Pueblo man pleads guilty to two counts of assault with a dangerous weapon

             ALBUQUERQUE, N.M. – Emery Garcia, 36, of the San Felipe Pueblo, pleaded guilty in federal court on March 29 to two counts of assault with a dangerous weapon in Indian Country.

            A grand jury indicted Garcia on Nov. 17, 2020.  In his plea agreement, Garcia admitted to committing the offense on the San Felipe Pueblo in Sandoval County, New Mexico, on Oct. 8, 2020, assaulting John Doe 1 and John Doe 2 with a board, specifically a piece of 2x4 lumber, with the intent to do bodily harm. Garcia attempted to enter a home through a window and attacked John Doe 1, a minor, with the board when John Doe 1 tried to stop Garcia. Garcia then struck John Doe 2, who attempted to intervene.

            Garcia is currently in custody pending sentencing.  He faces five to seven years in prison. 

            The FBI investigated this case with assistance from the Bureau of Indian Affairs.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.