Ensley Man Sentenced for Carjacking and Firearm Charges

BIRMINGHAM, Ala. – A federal judge sentenced an Ensley man today for carjacking and possession of a firearm during a crime of violence that occurred in Birmingham, announced U.S. Attorney Jay E. Town and Bureau of Alcohol Tobacco and Firearms Acting Special Agent in Charge Frank Haera.

U.S. District Judge Corey Maze sentenced Darise Cortez Austin, 29, of Ensley, to 144 months in prison for carjacking and possession of a firearm during of a crime of violence.  Austin pled guilty in February.   

“This sentence is another great example of our office and law enforcement partners working together to remove another violent criminal from our communities,” Town said.  “Violent criminals who plague our streets will continue to be targets for federal prosecution where the debt to society is full price.  No discounts.  No parole.”

ATF Acting Special Agent in Charge, Frank Haera stated, “Removing the criminal element that uses a firearm to facilitate violent crimes such as carjacking is a priority of ATF. This joint collaboration of our local, state and federal partners as part of DOJ’s national strategy “Project Guardian” aided in one less gun on the streets. This focused investigation will have a lasting impact within this community.”

According to the plea agreement, Austin, while armed with a firearm, approached a Birmingham victim outside of the victim’s apartment. While pointing the firearm at the victim, Austin took the victim’s keys, wallet, and a Taurus .357 caliber pistol. Austin then stole the victim’s 2007 Nissan Altima and left the residence. Austin used the victim’s debit card at several different places, then attempted to elude an Alabama State Trooper in Lawrence County, Alabama. While eluding the Alabama State Trooper at 102 mph, Austin wrecked the vehicle and law enforcement detained and arrested him.

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

ATF investigated the case along with the Birmingham Police Department, and ALEA.   Assistant U.S Attorney Kristy Peoples prosecuted the case.

Honduran national last seen in Colorado now on ICE most wanted list

DENVER — U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) has added a Honduran national with a last known location of Leadville, Colorado, to its most wanted list yesterday.

Joe Toro-Zaldivar, 36, is a repeat immigration violator and citizen of Honduras in the United States illegally. He was charged by the Lake County Sheriff's Department with assault on a peace officer, strangulation, felony menacing with a weapon, disarming an officer, three charges of assault, criminal mischief and resisting arrest March 29, 2019.

Toro illegally entered the U.S. without being inspected, admitted or paroled by an immigration official and was removed to his home country in 2005. He returned to the U.S. in February 2010.

The Criminal Alien Program within ICE ERO identified and detained Toro May 20, and he was placed into ICE custody at the Aurora Contract Detention Facility in Colorado.

On May 28, ICE released Toro on writ of habeas corpus so he could appear in Lake County courthouse in person. The judge granted him bond and he was subsequently released from custody rather than being returned to ICE as required by the writ. ICE attempted to locate Toro at his residence in Leadville, Colorado and his worksite in Vail, Colorado.

ICE focuses its limited resources, first and foremost, on those who pose the greatest threat to public safety and border security and does not target aliens indiscriminately; the agency conducts investigations and gathers intelligence on specific individuals for immigration enforcement.

Targets are often those who were arrested on local criminal charges or have blatant disregard for U.S. immigration laws. The agency’s arrest statistics clearly reflect this. Nationally, approximately 86 percent of ERO’s administrative arrests during fiscal year 2019 either had criminal convictions or were pending criminal charges.

In most cases, once aliens pending criminal prosecution are transferred to ICE or otherwise enter ICE custody, ICE works with the prosecutor and law enforcement authorities, such as the district attorney’s office and relevant sheriff’s office, to ensure these aliens attend any and all criminal court proceedings. This ICE-DA cooperation involves transferring custody of aliens as necessary via writs of habeas corpus to further a criminal prosecution and ensure the alien is returned to ICE custody once the proceedings are finished. Such writs may also be used to ensure that aliens in ICE custody appear in court as witnesses.

Do not attempt to apprehend the subject. If you have information about the whereabouts of this fugitive, immediately contact your local ICE office or call the national hotline at 1-866-DHS-2-ICE as soon as possible.

ATF Increases Reward for Couple on the Run to $20,000

ST. PAUL, Minn. — The Bureau of Alcohol, Tobacco, Firearms and Explosives is now offering an increased reward of up to $20,000 for information that leads to the apprehension and conviction of a man and woman who are wanted in connection with several St. Paul business fires during the recent unrest in Minnesota.

Jose Felan, Jr., a felon with multiple convictions, was captured on video igniting fires at numerous locations in St. Paul, including the Gordon Parks High School that serves disadvantaged youth. His accomplice, Mena Dyaha Yousif, is believed to be helping Felan evade police. Therefore, ATF is now offering an increased reward to apprehend both individuals. ATF originally offered $10,000 for apprehension of the couple.

ATF delegated apprehension responsibilities to the U.S. Marshals and is directing all tip information directly to them in relation to the apprehension of the couple. The U.S. Marshals Service is the federal government’s primary agency for fugitive investigations.

“These two have evaded law enforcement for a couple weeks now and we are hoping the increased reward will encourage those who know these individuals’ whereabouts to come forward,” said ATF Special Agent in Charge William Henderson of the St. Paul Field Division. “We are pleased to be working in close coordination with the Marshals on this case. We’re confident with their help we’ll be able to bring these two to justice.”

“The U.S. Marshals continue to work closely with ATF and all our federal, state and local partners to apprehend those that choose to violate the safety and security of people in Minnesota,” said U.S. Marshal Mona Dohman of the District of Minnesota. “We are calling on anyone with information on the whereabouts of Felan and Yousif to contact us immediately.”

Anyone with information on the whereabouts of these two is asked to contact the U.S. Marshals at 1-877-WANTED-2 (1-877-926-8332) or use their web/mobile reporting app: www.usmarshals.gov/tips. Information eligible for reward must aid in the arrest and conviction of either or both individuals.

In addition to working with the U.S. Marshals on this case, ATF is also in close coordination with the St. Paul Fire Department, St. Paul Police Department, Minnesota State Fire Marshal Division, Federal Bureau of Investigation and the U.S. Attorney’s Office for the District of Minnesota.

ATF is the federal agency with jurisdiction for investigating fires and crimes of arson. For more information about ATF, go to www.atf.gov or follow @ATFHQ on Twitter. Follow @ATFStPaul on Twitter for ATF updates in Minnesota, South Dakota, North Dakota and Western Wisconsin.

Below are photos of Felan and Yousif

Felan has a distinctive mole on his outer left arm and a tattoo with the name “Mena” with a large crown on the inside of his right forearm. Video footage is also available.

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$5K Reward Offered in Arms & Accessories Burglary

CINCINNATI — The Bureau of Alcohol, Tobacco, Firearms and Explosives and the National Shooting Sports Foundation – the trade association for the firearms industry – are announcing a reward for information leading to the arrest and conviction of the individuals responsible for the burglary of Arms & Accessories, located at 3400 Harrison Ave., Cheviot, Ohio.  ATF and NSSF are jointly offering a potential total reward of up to $5,000.

At approximately 4:50 a.m., on May 30, 2020, five unidentified suspects forcibly entered the business and stole six firearms before leaving the scene.

ATF is investigating this case jointly with the Cheviot Police Department.

Two suspects in the burlary of Arms and Accessories.

Anyone having information about this incident should contact ATF at 1-888-ATF-TIPS (888-283-8477). Individuals may also email ATFTips@atf.gov, or contact ATF through its website at www.atf.gov/contact/atf-tips. Tips may also be submitted to ATF using the ReportIt® app, available on both Google Play and the Apple App Store, or by visiting www.reportit.com.

This reward is part of a larger national cooperative initiative between the NSSF and ATF in which NSSF matches ATF rewards in cases involving the theft of firearms from federally licensed retailers.  ATF works closely with the members of the firearms industry to curb the criminal acquisition and misuse of firearms.

President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on Policing Culture and Community Engagement

This week, the President’s Commission on Law Enforcement and the Administration of Justice continued its series of hearings on community engagement, with testimony from faith leaders, and held a hearing on policing culture.  The hearings were conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.

On Tuesday, June 23, 2020, the commission received testimony from Robin Engel, Ph.D., Professor, University of Cincinnati; Michael Ranalli, Chief (Retired), Glenville, New York, Police Department; Hampton (Virginia) Police Chief Terry Sult; and Springboro (Ohio) Police Chief Jeff Kruithoff.

The panelists discussed policing culture and reasonable use of force.  An overarching theme throughout the panel was the need to use evidence-based research to inform successful reforms regarding police use of force.

On Wednesday, June 24, 2020, the commission received testimony from Sheriff James McDonell (retired), Los Angeles (Calif.) County; Ronal Serpas, Superintendent of Police of the New Orleans Police Department (retired) and Professor with the Loyola University New Orleans Criminal Justice Department; Chief Robert White (retired), Denver Police Department; and Sheriff Mike Chitwood, Volusia (Fla.) County.

The panel focused on the use of force and culture change.  The panelists discussed the importance of leading by example within the department, especially with regards to new officers; integrating community policing values throughout an entire academy curriculum instead of teaching it as a standalone course; acknowledging that while no single police incident represents an entire department, nothing undermines years of work developing community trust as quickly as incidents where police use unnecessary or excessive force; and learning from the successes of other departments and agencies.   

On Thursday, June 25, 2020, the commission received testimony from Jeff Ballabon, CEO B2 Strategic, Washington, DC; Rabbi Jack Moline, Executive Director, Interfaith Alliance, Washington DC; and Imam Talib Shareef, President of Masjid Muhammad, The Nation's Mosque.

The panel focused on the relationship between religious minorities and law enforcement.  The panelists discussed the importance of building relationships with law enforcement at a community level in order to change dynamics; the need for law enforcement to take steps at every level to investigate and prevent hate-based crime, as well as hold officers accountable for engaging in racial or religious profiling, targeting, and surveillance; and the value of breaking stereotypes and “challenging the narrative.”

For more information on the commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice

Audio recordings and transcripts of the hearings will be posted online once available.

Fort Dodge Man Given Lengthy Prison Sentence For Methamphetamine Conspiracy

Johnson, previously convicted of drug and violent offenses, was arrested with more than 4 pounds of meth

A Fort Dodge man was sentenced June 23, 2020 to more than 24 years in federal prison.

Demetrius Johnson, age 34, from Fort Dodge, IA, received the prison term after a guilty plea to conspiracy to distribute methamphetamine and possession of firearms by a prohibited person.

In a plea agreement, Johnson admitted he was distributing methamphetamine from the fall of 2017 to on or about August 2019.  In December 2019, Johnson sold methamphetamine on two separate occasions in Mason City, Iowa.  On January 15, 2018, law enforcement searched Johnson’s Mason City storage locker and apartment where they seized methamphetamine, large quantities of marijuana, and three handguns, one of which was loaded.  Johnson left Mason City and moved to Fort Dodge where Johnson was hiding from law enforcement pending his parole violation for another drug dealing offense.  On August 1, 2019, Johnson was found in Fort Dodge.  At the time of his arrest, law enforcement noticed a strong odor of marijuana which led them to search his residence finding approximately 4.5 pounds of pure methamphetamine, as well as another handgun.   

During the course of his drug dealing, defendant used other people to sell drugs for him and maintained an apartment for the purpose of drug dealing.  Johnson has three prior felony drug convictions and multiple convictions for violent offenses.   

Johnson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Jonson was sentenced to 292 months’ imprisonment for conspiracy to distribute methamphetamine and 120 months for possession of firearms by a prohibited person to run concurrently.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

Johnson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Drug Task Force, the Cerro Gordo Sheriff’s Office, the Mason City Police Department, the Iowa Division of Narcotics Enforcement, the Fort Dodge Police Force, and the Webster County Sheriff’s Office.

Member of Navajo Nation sentenced to 37 months in prison for federal assault charges in Indian Country

           ALBUQUERQUE, N.M. – Frank Howe Jr., 24, of Rock Springs, New Mexico was sentenced on June 23 in federal court in Albuquerque to 37 months in prison for assault resulting in serious bodily injury in Indian Country.

           Howe previously pleaded guilty to this offense on Feb. 28.  According to his plea agreement, Howe, an enrolled member of the Navajo Nation, admitted to physically assaulting his girlfriend in Indian Country on May 7, 2018, within the exterior boundaries of the Navajo Nation.  He got into an argument with the victim while driving his vehicle.  Howe pulled his vehicle over and assaulted the victim causing serious bodily injury.

           Howe must also serve a three-year term of supervised release after completing his sentence.

           The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations Services investigated this case with the assistance from the McKinley County Sheriff’s Office.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

Hard time in federal prison ahead for five men sentenced in separate Augusta-area crimes involving guns

Charges include illegal possession of firearms by convicted felons

AUGUSTA, GA:  Five Augusta-area men are headed to federal prison after being sentenced Thursday in U.S. District Court in separate cases involving firearms.

The five men, each facing U.S. District Court Chief Judge J.Randal Hall, were sentenced to federal prison terms to be followed by a period of supervised release, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.

“A cornerstone of our office’s prosecutions is the Prosecutor to Prosecutor Program, in which we collaborate with local district attorneys to determine the best venue for cases,” said U.S. Attorney Christine. “As these sentences demonstrate, federal court often is the best option for prosecuting violent criminals with illegally carried firearms, because substantial prison time awaits – with no parole.”

Sentenced in the cases are:

• Darryl Kennedy Daggett, 30, of Augusta, to 188 months in federal prison followed by five years of supervised release. Daggett pled guilty to Possession with Intent to Distribute Cocaine, Crack Cocaine and Marijuana, and Possession of a Firearm by a Convicted Felon. Daggett, who has a history of convictions on state narcotics charges, was arrested in December 2018 by Richmond County Sheriff’s deputies after a search of his vehicle revealed substantial amounts of illegal drugs and a stolen firearm. He was adjudicated as a career offender.
• Steven Williams, 31, of Hephzibah, to 188 months in federal prison followed by five years of supervised release. Williams, arrested in June 2019 by Richmond County Sheriff’s investigators, pled guilty to Possession of a Firearm by a Convicted Felon. Because of his substantial criminal record including state convictions for burglary, narcotics and firearms, Williams was adjudicated as an armed career criminal.
• Terry Benjamin Jr. 45, of Augusta, to 48 months in federal prison followed by three years of supervised release. Benjamin pled guilty to Possession of a Firearm by a Convicted Felon. Benjamin, who was found in possession of a pistol in April 2019 after a disturbance at an Augusta hotel, has an extensive record of criminal convictions including crimes involving violence, firearms and drugs.
• Larry Meminger Jr., 34, of Augusta, to 60 months in federal prison followed by three years of supervised release. Meminger pled guilty to Possession of a Firearm by a Convicted Felon. He was charged after a May 2018 report by Richmond County Sheriff’s deputies who responded to a call in which Meminger, claiming a home invasion, had suffered a minor gunshot wound. The investigation determined the wound was accidentally self-inflicted. Meminger, who had outstanding warrants at the time, was located and arrested six months later. Meminger has a substantial criminal record that includes multiple state convictions related to illegal drugs.
• Jerry Kemp Jr., 41, of Wrens, Ga., to 77 months in federal prison followed by three years of supervised release. Kemp pled guilty to an Information charging him with Possession of Ammunition by a Convicted Felon. He was arrested by the Wrens Police Department in October 2018 after officers responded to reports of a man pointing a firearm. Kemp has a lengthy criminal record that includes convictions for violence and firearms-related charges.

“These defendants have no business carrying firearms, given their previous criminal conduct,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “These arrests have made the Southern District of Georgia a safer place.

This investigations took place under the umbrella of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.

The cases were investigated by the ATF, the Richmond County Sheriff’s Office and the Wrens Police Department, and prosecuted for the United States by Assistant U.S. Attorneys Alejandro V. Pascual IV, Henry W. Syms Jr., and Special Assistant U.S. Attorney Michael A. Marchman Jr.

Salyersville Man Sentenced to 120 Months for Armed Methamphetamine Trafficking

PIKEVILLE, Ky. - A Salyersville, Ky., man, Tommy Joe Minix, 35, was sentenced to 120 months in federal prison on Thursday, by U.S. District Judge Karen Caldwell, for conspiracy to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.

According to his plea agreement, on April 9, 2018, Minix arranged to sell approximately three ounces of methamphetamine,.  Minix and Scott Linville, 28, of Lexington, Ky., travelled together to deliver the methamphetamine.  Before the methamphetamine could be distribute, officers executed a traffic stop and found approximately 76 grams of methamphetamine, plastic bags, digital scales, and a pistol.  A further search of Minix’s residence revealed four additional firearms and 37 grams of methamphetamine. 

Linville received 60 months in prison for his role in the conspiracy.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge, FBI, Louisville Field Division, jointly made the announcement. 

The investigation was directed by the FBI.  The United States was represented by Assistant U.S. Attorney Andrew Trimble.  

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

Twin Falls Man Sentenced to Over 16 Years in Federal Prison for Sexual Exploitation of Children

BOISE – Bryan Lee Thieme, 39, of Twin Falls, was sentenced to 200 months in federal prison for sexual exploitation of children, U.S. Attorney Bart M. Davis announced today. Chief U.S. District Judge David C. Nye also imposed lifetime supervised release to follow Thieme’s prison sentence. Thieme pleaded guilty to the charge on August 21, 2019.

According to court records, on May 19, 2018, the Twin Falls Police Department responded to Thieme’s residence to investigate reports that minors were consuming alcohol at the residence. During the investigation, officers received information from minors at that location that Thieme had taken nude images of minors with his cellphone. Officers also learned Thieme was a registered sex offender on federal supervised release for a conviction of possession of matters of minors engaged in sexually explicit conduct, entered in the Southern District of California in 2015.

The United States Probation Office and Homeland Security Investigations (HSI) conducted an investigation into Thieme’s activities at his residence. They discovered Thieme had recently re-set his cell phone to the factory setting, erasing all of its contents. Twin Falls police officers obtained a search warrant for the contents of Thieme’s Google account. As a result, HSI agents discovered nude images of minors and two videos taken by Thieme with his cell phone, at his residence, on April 23, 2018, that depicted a minor engaged in sexually explicit conduct with an adult.

This case was investigated by Homeland Security Investigations, United States Probation Office, and Twin Falls Police Department.

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, 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.usdoj.gov/psc.

For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Green County Man Sentenced for Trafficking Methamphetamine

MADISON, WIS. –Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Darrin Demrow, 41, Brodhead, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to six years in prison for possession with intent to distribute methamphetamine.  Demrow pleaded guilty to this charge on January 16, 2020. 

Demrow was arrested on November 21, 2019, after he purchased over 100 grams of methamphetamine in Texas and drove the drugs back to his home in Brodhead.  The investigation revealed that prior to his arrest, Demrow received seven mail packages from Texas that likely contained methamphetamine.  Federal agents searched and seized one of those packages on August 8, 2019, and found approximately one ounce of methamphetamine. 

At the sentencing hearing, Judge Conley found that Demrow was a danger to society based on his lengthy criminal history, which included prior felony convictions for burglary, domestic abuse, bail jumping, and possession of narcotic drugs.  Judge Conley also noted that Demrow’s criminal activity occurred while on supervision from a felony burglary conviction and on probation from a separate felony drug conviction.

The charge against Demrow was the result of an investigation conducted by the U.S. Postal Inspection Service, Green County Sheriff’s Department, Rock County Sheriff’s Department, Stateline Area Narcotics Task Force, and Drug Enforcement Administration.  The prosecution of the case has been handled by Assistant U.S. Attorney Aaron Wegner.

East Central Illinois Woman Charged with Meth Trafficking

URBANA, Ill. – An East Central Illinois woman made her initial appearance in federal court today after she was charged by criminal complaint for alleged possession of more than 50 grams of methamphetamine with intent to distribute. Angela Faith Brown, 41, last known address Mansfield, Ill., was arrested on June 23, 2020, in Ashmore, Ill, a rural Coles County community.

At today’s hearing, before U.S. Magistrate Judge Eric I. Long, Brown was ordered to remain detained in the custody of the U.S. Marshals Service pending a detention hearing scheduled on June 29.

The complaint and supporting affidavit allege that Brown possessed more than 50 grams of methamphetamine with intent to distribute on June 23, 2020, when she was arrested near Ashmore, Ill., in Coles County.

If convicted, the statutory penalty for the offense is 10 years to life in prison.

The charge is the result of an investigation by the FBI Southern Illinois Transnational Organized Crime Task Force; the Coles County Sheriff’s Office; and the Charleston Police Department, with assistance from the Office of Coles County State’s Attorney Jesse Danley. Assistant U.S. Attorney Ryan Finlen represents the government in the case prosecution.

Members of the public are reminded that a complaint is merely an accusation; each defendant is presumed innocent unless proven guilty.

Elder Abuse: What Do We Know from Research and Practice?

Elder Abuse: What Do We Know from Research and Practice?

Webinar Host: Center for Victim Research
Tuesday, June 30, 2020 11:00 AM – 12:00 PM PT / 2:00 PM – 3:00 PM ET
The Center for Victim Research (CVR) invites you to attend our upcoming webinar, “Elder Abuse: What Do We Know from Research and Practice" on Tuesday, June 30, 2020 from 2 to 3 pm ET, which will focus on the current evidence surrounding challenges faced by older adult victims of crime. CVR researchers, Storm Ervin and Erica Henderson, will present findings from CVR’s synthesis on elder abuse, exploring a wide range of abusive behaviors and including materials produced by researchers,
practitioners, and organizations dedicated to aging and elder abuse. Guest speaker, Mary Lynn Kasunic, from the Area Agency on Aging, Region One will describe practitioners’ observations in the field and the nation’s first domestic violence shelter for older adults.

Topics covered will include:
• Types of elder abuse and how often they occur
• Harms experienced by older adult victims
• Factors that put older adults at greater risk of abuse
• What we know about effective services and interventions
• Where the field needs to grow

Speakers:
• Storm Ervin, MPP, is a research analyst in the Urban Institute’s Justice Policy Center
• Erica Henderson, MA, is a Research Analyst in the Urban Institute's Justice Policy Center

Former Veterans Affairs Police Officer Sentenced To 24 Months In Prison For Criminal Civil Rights Violation And Making False Entries In A Report

Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Norman Nicholson (57, Largo) to 24 months in federal prison for depriving an individual of his Fourth Amendment right to a reasonable search and seizure under color of law and one count of knowingly making false entries in a report with the intent to obstruct an investigation within the jurisdiction of a federal agency.

Nicholson had pleaded guilty on March 24, 2020.

According to court documents, while employed as a police officer with Veterans Affairs in Bay Pines, Florida, Nicholson instructed an Army veteran to leave the premises, and the veteran complied. Nicholson then followed the veteran outside and arrested him. In doing so, Nicholson swung the veteran around, and placed both of the veteran’s hands behind his back. The veteran did not resist the arrest and moved his left arm behind his back on his own. After the veteran was already handcuffed and in custody, Nicholson rammed the veteran’s head on the fence. Nicholson then used his right hand to pull the veteran’s legs apart, causing the veteran to fall face first into the fence and then to the ground. Nicholson then forcefully grabbed the veteran from the ground, and lifted him up. While lifting him up, Nicholson used his right hand to grab the veteran from his face and nose.

Nicholson then authored two arrest affidavits and a police report in which he made numerous false statements regarding the incident. Specifically, Nicholson stated that the veteran “refused to leave the property…became resistant…pulled away…raised his hand in an aggressive posture…did not obey commands to stop resisting…resisted on the ground…and buckled his knees in an attempt to make himself dead weight.” Those statements were clearly false, and were made with the intent to impede, obstruct, or influence a matter that was within the jurisdiction of the United States Department of Veterans Affairs.

As a result of this arrest, the veteran spent several days in custody at the Pinellas County jail.

“The right of individuals to be safe and secure against unreasonable searches and seizures is at the very cornerstone of our democracy,” said U.S. Attorney Maria Chapa Lopez. “Officers who violate their oath to uphold that Constitutional right, and falsify facts to impede or obstruct an investigation will be prosecuted to the fullest extent of the law.”

David Spilker, Special Agent in Charge, VA-Office of Inspector General, stated, “Nicholson’s sentence today demonstrates VA-OIG’s commitment to ensuring that VA’s law enforcement officers are held to the highest standards and that all veterans are afforded their constitutional rights. Veterans should never be subjected to excessive force and false statements by sworn law enforcement officers, whose mission is to safeguard veterans, VA employees and facilities.

"Mr. Nicholson's actions not only violated the victim's civil rights, but created public distrust and doubt toward the law enforcement community. We are pleased with today's sentencing which illustrates the FBI's commitment to take all allegations of civil rights violations seriously," said Special Agent in Charge of the FBI Tampa Division Michael McPherson.

The Department of Veterans Affairs, Office of Inspector General and the Federal Bureau of Investigation investigated this case. It was prosecuted by Assistant United States Attorney Diego F. Novaes.

WikiLeaks Founder Charged in Superseding Indictment

New Allegations Assert Assange Conspired With “Anonymous” Affiliated Hackers, Among Others

A federal grand jury returned a second superseding indictment today charging Julian P. Assange, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.   

The new indictment does not add additional counts to the prior 18-count superseding indictment returned against Assange in May 2019.  It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged.  According to the charging document, Assange and others at WikiLeaks recruited and agreed with hackers to commit computer intrusions to benefit WikiLeaks.

Since the early days of WikiLeaks, Assange has spoken at hacking conferences to tout his own history as a “famous teenage hacker in Australia” and to encourage others to hack to obtain information for WikiLeaks.  In 2009, for instance, Assange told the Hacking At Random conference that WikiLeaks had obtained nonpublic documents from the Congressional Research Service by exploiting “a small vulnerability” inside the document distribution system of the United States Congress, and then asserted that “[t]his is what any one of you would find if you were actually looking.”

In 2010, Assange gained unauthorized access to a government computer system of a NATO country.  In 2012, Assange communicated directly with a leader of the hacking group LulzSec (who by then was cooperating with the FBI), and provided a list of targets for LulzSec to hack.  With respect to one target, Assange asked the LulzSec leader to look for (and provide to WikiLeaks) mail and documents, databases and pdfs.  In another communication, Assange told the LulzSec leader that the most impactful release of hacked materials would be from the CIA, NSA, or the New York Times.  WikiLeaks obtained and published emails from a data breach committed against an American intelligence consulting company by an “Anonymous” and LulzSec-affiliated hacker.  According to that hacker, Assange indirectly asked him to spam that victim company again.

In addition, the broadened hacking conspiracy continues to allege that Assange conspired with Army Intelligence Analyst Chelsea Manning to crack a password hash to a classified U.S. Department of Defense computer. 

An indictment contains allegations that a defendant has committed a crime.  Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt.  If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years in prison. 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, G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler, Alexander P. Berrang, and Gordon D. Kromberg, and Trial Attorneys Adam L. Small and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.

Assange is currently detained in the United Kingdom on an extradition request from the United States.  Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs and UK authorities, including the Home Office and the Crown Prosecution Service for England and Wales.

New York City Man Pleads Guilty To Cyerstalking And Posting Naked Photos Of Victim Online

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Charles Regalbuto, 27, of New York City, pleaded guilty before U.S. District Judge Charles J. Siragusa to cyberstalking. The charge carries a maximum penalty of five years in prison.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that beginning in October 2014, the defendant sent multiple text messages to the Victim, threatening to publish naked photographs of the Victim on various social media websites. In one text message, Regalbuto stated: "I'll ruin your life the way you ruined mine." The defendant also sent a threatening text stating that he would kill the Victim and himself.

In 2017, without permission to do so, Regalbuto posted the naked photographs of the Victim on social media sites, resulting in multiple internet users seeing the photos along with the Victim’s name associated with the photos. Several individuals contacted the Victim after seeing the photos and asked if the Victim was the person in the photos, causing the Victim emotional distress.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.

Sentencing is scheduled for October 5, 2020, before Judge Siragusa.

Indiana State Police receive grants from Department of Justice to combat illegal manufacture and distribution of methamphetamine and opioids

Washington – The Department of Justice‘s Office of Community Oriented Policing Services (COPS Office) today announced nearly $42 million in funding to support state-level law enforcement agencies in combating the illegal manufacturing and distribution of methamphetamine, heroin, fentanyl, carfentanil, and prescription opioids. 

The Indiana State Police will receive over $2 million in funding to support investigations into trafficking in heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.

“The Indiana State Police are so deserving of this grant money,” said Southern District of Indiana United States Attorney Josh J. Minkler. “They are on the front lines of this public health crisis by combating the scourge of opioid and methamphetamine use in Indiana. This is just another example of how the Indiana State Police and all law enforcement protect and serve Hoosiers on a daily basis.”

“Today, two grant awards totaling over $2.2 million were awarded to the Indiana State Police. The grant money will be used to focus on combating methamphetamine and heroin distribution in Indiana,” said Northern District of Indiana United States Attorney Thomas L. Kirsch II. “My Office has put a special emphasis on investigating and prosecuting individuals who distribute addictive drugs such as methamphetamine and heroin, along with other opioids, on the streets of Northern Indiana, and this funding will help continue those efforts. I am pleased to partner with the Indiana State Police and its dedicated troopers who put their lives on the line daily to provide safety for Indiana families.”

“We are extremely thankful and honored to be a recipient of these two grants, which will assist our investigators who work on the front lines of the opioid crisis every day. We are so very proud to collaborate with our law enforcement partners throughout the state in working to make our communities safer for everyone”, said Doug Carter, Superintendent of the Indiana State Police.

Drug overdose deaths and opioid-involved deaths continue to increase in the United States. Deaths from drug overdoses are up among both men and women, all races, and adults of nearly all ages, with more than three out of five drug overdose deaths involving an opioid. More than 130 people die every day in the United States after overdosing on opioids, while methamphetamine continues to be one of the most commonly misused stimulant drugs in the world and is the drug that most contributes to violent crime.

The COPS Office is awarding more than $29.7 million in grant funding to 14 state law enforcement agency task forces through the Anti-Heroin Task Force Program (AHTF).  AHTF provides three years of funding directly to state-level law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids. This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.

The Indiana State Police will receive $1,285,080.00 through the AHTF Program.

Through the COPS Anti-Methamphetamine Program (CAMP), the COPS Office is also awarding $12 million to 12 state law enforcement agencies. These state agencies have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures. State agencies are being awarded three years of funding through CAMP to support the location or investigation of illicit activities related to the manufacture and distribution of methamphetamine, including precursor diversion, laboratories, or methamphetamine trafficking.

The Indiana State Police will receive $1,000,000.00 through the CAMP.

The AHTF and CAMP funding has a tremendous impact on state investigative and seizure work.  During the five month period between October 2019 and February 2020, current AHTF grantees reported the seizure of over $4 million in cash and 1,213 firearms.  Similarly, for CAMP, grantees reported seizures of more than $7 million in cash and 1,577 firearms.

The complete list of Anti-Heroin Task Force Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/ahtf-award 

The complete list of COPS Anti-Methamphetamine Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/camp-award

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 135,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov .

Two Men Indicted for Bank Robbery

BIRMINGHAM, Ala. – A federal grand jury today indicted two Florida men for a bank robbery in Anniston, announced U.S. Attorney Jay E. Town and FBI Special Agent Johnnie Sharp, Jr.

A one-count indictment filed in U.S. District Court charges Christopher Jermain Spann, 35, and Shaun Jamar Harris, 31, Miami, FL with the January 10^th robbery of a Regions Bank branch on Greenbriar Road in Anniston.

“The defendants did not care about the terror they caused when robbing the bank,” Town said. “Citizens doing their jobs and those conducting business in a bank should feel safe.  We will continue to work with our law enforcement partners to investigate and prosecute those who commit violent crime in the district.”

The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.

The FBI investigated the case, along with the Anniston Police Department.  Assistant U.S. Attorney Kristy Peoples is prosecuting.

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Seven Members and Associates of Elite Assassin Millas Gang Charged with Racketeering Conspiracy, Murder, Attempted Murders and Firearms Offenses

Five Shootings Left One Dead and Two Others Paralyzed from Their Wounds

Defendants Used GPS Tracking Device to Stalk and Target a Shooting Victim

An indictment was unsealed today in federal court in Brooklyn variously charging seven members and associates of the Elite Assassin Millas (“EAM”), a subset of the Bloods street gang, with racketeering conspiracy, murder in-aid-of racketeering, attempted murder in-aid-of racketeering, conspiracy to commit murder in-aid-of racketeering, assault in-aid-of racketeering, interstate stalking, accessory after-the-fact to attempted murder and assault and related firearms offenses.  Five defendants were arrested last night and will make their initial appearance via videoconference this afternoon before United States Chief Magistrate Judge Cheryl L. Pollak.  The two remaining defendants, who are in federal custody, will be arraigned at a later date.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the charges and arrests.

“Gang-related violence begets more violence, and we will not tolerate the violent crimes allegedly committed by these defendants in our communities,” stated United States Attorney Donoghue.  “Thanks to the hard work of federal and local law enforcement officers, the defendants will now face prosecution for the charged crimes.  The Eastern District will continue working tirelessly to dismantle and eradicate violent street gangs like EAM that have turned streets into lethal shooting galleries in the neighborhoods of East New York.”

“Members of the FBI New York Metro Safe Streets Task Force work long, hard hours diligently investigating gang members who hold no regard for life, and who let a twisted turf war over drugs dictate who dies and who lives. We are out every day, doing our best to protect communities being terrorized by violent gangs, and the FBI agents and NYPD detectives should be commended for their commitment,” stated FBI Assistant Director-in-Charge Sweeney.

“Everything the NYPD does is geared toward preventing crime and keeping people safe. This indictment represents the coordinated work our detectives and federal partners do together to arrest those accused of inflicting violence in our neighborhoods,” stated NYPD Commissioner Shea.

As detailed in the government’s detention letter filed earlier today, the EAM set of the Bloods street gang follows many of the rules and the hierarchical structure of other Bloods sets, earning money through drug-trafficking and fraud, and protecting their reputation through violent crimes and firearms offenses.     

In recent years, Quandel Smothers has held EAM’s highest-ranking position of “Godfather.”  On April 30, 2011, Smothers allegedly shot a fellow EAM member whom he believed intended to harm another member of the gang over a drug-related dispute.  As a result of the shooting, the victim’s leg was amputated.

On March 25, 2015, another member of EAM was shot and killed in East New York, Brooklyn.  Almost immediately, EAM members and associates sought to retaliate by locating and killing those they believed to be responsible.  On April 21, 2015, Tyshawn Corbett allegedly shot and killed Michael Tenorio on McKinley Avenue in East New York.  Surveillance video of the murder shows that Corbett chased Tenorio down the residential block while firing at him, then continued shooting the victim after he fell to the ground.

On March 7, 2016, Corbett shot an individual (identified as “John Doe #1” in the indictment) on Shepard Avenue in East New York.  Surveillance video shows Corbett — who appears to have been lying in wait near a parked vehicle — run down the sidewalk and shoot John Doe #1 from close range.  John Doe #1 survived that attempt on his life, but on June 28, 2018, Corbett again shot John Doe #1 as he sat in a car parked in Jamaica, Queens, paralyzing him.  Corbett fled in a car driven by defendant Desmon Beckett.  This shooting was the result of extensive efforts by Corbett and brothers Marlon and Devon Bristol to stalk and kill their victim, including the use of a GPS tracking device that law enforcement officers subsequently recovered from John Doe #1’s car. 

In the spring of 2018, a feud developed between members of EAM and another individual (identified as “John Doe #2” in the indictment).  Surveillance video from June 10, 2018, shows defendant Corbett and John Doe #2 in a fistfight.  A short time later, the two shot at each other, but no one was hit.  Law enforcement officers later recovered one of the firearms used in the shooting incident from a storage unit maintained by Corbett under a false name.  The feud continued, and EAM members Qawon Allen and Andrew Campbell conspired with others to kill John Doe #2.  On July 28, 2018, a member of EAM repeatedly shot John Doe #2 on Glenmore Avenue in East New York using a firearm provided by Allen.  John Doe #2 was left paralyzed by the shooting. 

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.

If convicted of murdering Tenorio, Corbett faces a mandatory sentence of life in prison, and is eligible for the death penalty.  If convicted of the firearms offenses, Allen faces a mandatory minimum sentence of 15 years in prison and a maximum of life in prison, and Smothers, Marlon Bristol and Devon Bristol each face a mandatory minimum sentence of five years in prison and a maximum of life in prison.  If convicted of the conspiracy to commit murder in-aid-of racketeering, Campbell faces up to 10 years in prison, and Beckett faces up to 10 years in prison if convicted as an accessory after-the-fact to the assault in-aid-of racketeering.  

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Margaret E. Gandy and Jonathan Siegel are in charge of the prosecution.

The Defendants:

TYSHAWN CORBETT (also known as “Reck”)
Age:  30
Brooklyn, New York

QAWON ALLEN (also known as “40” and “Phorty Wap”)
Age:  26
Brooklyn, New York

DESMONN BECKETT (also known as “Des”)
Age:  27
Brooklyn, New York

DEVON BRISTOL (also known as “D”)
Age:  29
Brooklyn, New York

MARLON BRISTOL (also known as “Marlo”)
Age:  32
Brooklyn, New York

ANDREW CAMPBELL (also known as “Phaze”)
Age:  24
Brooklyn, New York

QUANDEL SMOTHERS (also known as “Chucky”)
Age:  29
Brooklyn, New York

E.D.N.Y. Docket No. 20-CR-213 (KAM)

Nine Indicted for Dealing Multiple Drugs in Butler County, including near Schools and Playgrounds

PITTSBURGH – Nine Pennsylvania residents have been indicted by a federal grand jury in Pittsburgh for fentanyl, acetyl fentanyl, heroin, cocaine, and crack cocaine trafficking in the Butler County area, United States Attorney Scott W. Brady announced today.

"Today, we dismantled a significant Philadelphia-to-Butler drug organization whose pipeline brought fentanyl, heroin and cocaine into Butler communities, including near neighborhood playgrounds and schools," said U.S. Attorney Brady. "Our successful partnerships with the Pennsylvania State Police and Butler County District Attorney Richard Goldinger and his Drug Task Force have allowed us to take the fight against illegal drugs to all of our communities, including our small towns and rural communities. We want drug dealers to know there is nowhere for them to set up shop in western Pennsylvania."

Major Stephen K. Eberle of the Pennsylvania State Police said, "This was a lengthy investigation involving a partnership between the Pennsylvania State Police, the Federal Bureau of Investigation, the Butler County Drug Task Force and the United States Attorney’s Office. The involved troopers, agents, officers and attorneys worked tirelessly to disrupt and ultimately dismantle a large drug trafficking network responsible for distributing a significant quantity of heroin, fentanyl and cocaine throughout the Butler County region. The Pennsylvania State Police, along with our federal and local partners, remain committed to combating this type of illegal drug activity plaguing our neighborhoods and communities."

"These arrests send a clear message to all of those involved in illegal drug activity," said FBI Pittsburgh Special Agent in Charge Mike Christman. "The FBI will never stop investigating and arresting those responsible for harming our communities. The drugs seized today can and do lead to dangerous consequences. I commend the work of our Opiate Overdose Task Force, along with our federal, state and local partners, who are committed to eradicating drugs and the violence they bring with them. It doesn't matter whether it's a major metropolitan area or a rural neighborhood, drug dealers don't have a place in our community."

"Thanks to a joint investigation between the FBI, the Pennsylvania State Police, and the Butler County Drug Task Force, high level suppliers of heroin and cocaine were indicted and arrested today in Butler County and other areas in Western Pennsylvania," added Butler County District Attorney Richard Goldinger. "This collaborative effort will put a serious dent in drug trafficking in Butler County, making our community a safer place to live and work. I want to thank all of the law enforcement officers who were part of this investigation. These officers selflessly placed themselves in harm’s way for the overall betterment of Butler County."

The 27-count Indictment, returned on June 9 and unsealed today, charges Qureem Overton, Bobby Askew, Jasmine Cook, Damion Fray, Ricardo Glenn, Jamir Hughes, Nasir Sharpe, Dwayne Smallwood, and Braden Yartz in Count 1 with conspiring to distribute 40 grams or more of fentanyl, 100 grams or more of heroin, 10 grams or more of acetyl fentanyl, a quantity of cocaine, and a quantity of cocaine base from January 2017 to June 2020. Counts 2, 7-12, 19, and 21-27 charge the defendants with distributing those controlled substances. Counts 3-6, 13-18, and 20 of the Indictment charge several of the defendants with distributing the controlled substances within 1,000 feet of schools and playgrounds.

Overton, age 39, Askew, age 38, Fray, age 22, Glenn, age 28, Hughes, age 19, Sharpe, age 22, and Smallwood, age 41, have had Philadelphia, Pennsylvania, and Butler, Pennsylvania, residences. Cook, age 30, has resided in New Kensington, Pennsylvania. Yartz, age 28, has resided in Lyndora, Pennsylvania.

The law provides for a maximum total sentence of at least five years and up to 40 years in prison for the conspiracy crime charged in Count 1 of the Indictment and a fine of up to $5,000,000. The law also provides for a maximum total sentence for each of Counts 2, 7-12, 19, and 21-27 of up to 20 years in prison and a fine of up to $1,000,000. In addition, the law provides for a maximum total sentence for each of Counts 3-6, 13-18, and 20 of at least one year and up to 40 years in prison and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal histories of the defendants.

Assistant United States Attorneys Yvonne M. Saadi and Craig W. Haller are prosecuting this case on behalf of the United States.

The Pennsylvania State Police, the Federal Bureau of Investigation’s Opiate Overdose Task Force and the Butler County District Attorney’s Drug Task Force led the investigation leading to the return of the Indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.