Month: March 2022

Source: United States Department of Justice News

LEXINGTON, Ky.— A Stanford, Ky., man, Donald Means, 55, was sentenced to 240 months in federal prison on Monday, by U.S. District Judge Karen Caldwell, after pleading guilty to distribution of a mixture of fentanyl and heroin, which resulted in the death of another person.

According to Means’ guilty plea, he illegally sold a substance containing heroin and fentanyl to an individual, knowing it was a controlled substance and its potency.  The victim ingested the drugs, resulting in their death.  According to the Kentucky State Medical Examiner’s Office, the victim’s death was caused by the acute, combined toxic effects of the drugs.

Means pleaded guilty to the charge in the indictment in January 2022.

Under federal law, Means must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Sheriff Greg Speck, Pulaski County Sherriff’s Office, jointly announced the sentence.

The investigation was conducted by the FBI and Pulaski County Sheriff’s Office.  The United States was represented by Assistant U.S. Attorney Andrew Trimble.  

-END-

Source: United States Department of Justice News

MARTINSBURG, WEST VIRGINIA – Kristina Gilmore, of Martinsburg, West Virginia, was sentenced today to four years of probation for drug charges, United States Attorney William Ihlenfeld announced.

Gilmore, also known as “Diamond,” 26, pled guilty in December 2020 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, and Cocaine Base” and one count of “Aiding and Abetting Distribution of Heroin and Fentanyl Mixture.” Gilmore admitted to working with others to distribute heroin, fentanyl, and cocaine base in February 2020 in Berkeley County and elsewhere.

Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau for Alcohol, Tobacco, Firearms & Explosives and the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.

These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep.  This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. 

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.

U.S. District Judge Gina M. Groh presided.

Source: United States Department of Justice News

HONOLULU – David Akui-Cabanilla, III, 36, pleaded guilty today in federal court to two counts of assaulting a federal officer resulting in bodily injury. U.S. District Court Judge Leslie E. Kobayashi took Akui-Cabanilla’s guilty plea and scheduled sentencing for August 25, 2022.

Akui-Cabanilla admitted to assaulting multiple correctional officers on March 23, 2020, while he was a detainee at the Federal Detention Center in Honolulu. According to court documents and information presented to the court, in preparation for his attacks, Akui-Cabanilla, who was detained prior to trial on a separate federal charge for possessing a firearm as a convicted felon, fashioned two makeshift weapons. The first weapon was a long tube sock tied to the loop of a locked metal padlock. The second weapon was a “shiv” formed from a razor blade with a piece of bedsheet tied around one end, simulating a handle.

A correctional officer was stationed in the office in Akui-Cabanilla’s housing unit when Akui-Cabanilla entered the office and struck him in the head with the locked metal padlock. Akui-Cabanilla took the officer’s Bureau of Prisons-issued keys and pepper spray. He left the office and ran towards the door leading out of the housing unit.

As Akui-Cabanilla tried to unlock the door, other correctional officers opened it. Akui-Cabanilla sprayed multiple officers in the face with pepper spray. He then punched one of the correctional officers on the side of his head and face, knocking him down to the ground. The correctional officers struggled with Akui-Cabanilla before finally subduing him.

The first correctional officer was discovered unconscious on the floor of the housing unit office. He and the area around him were covered in blood. Taken by emergency medical transport to Queens Medical Center, he sustained a concussion and other serious injuries that resulted in hospitalization for five days. After that, he underwent two weeks of physical therapy before being able to return to work.

The correctional officer whom Akui-Cabanilla punched in the head also received emergency medical treatment at Queens Medical Center on March 23. He subsequently underwent months of periodic physical therapy for his injuries.

Each count of assaulting a federal officer resulting in bodily injury provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000.

“This case illustrates the dangers correctional officers face each time they report for duty,” said United States Attorney Clare E. Connors. “We will investigate these types of unprovoked violent assaults against correctional officers and initiate additional prosecutions against culpable detainees.”

“The FBI will not tolerate the assault of any federal officer especially while performing their official duties,” said FBI Special Agent in Charge Steven Merrill. “The FBI is committed to holding Mr. Akui-Cabanilla accountable for such an egregious act. We thank the U.S. Attorney’s Office for the District of Hawaii for the additional prosecution.”

The investigation in the case was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mohammad Khatib is prosecuting the case.
 

Source: United States Department of Justice News

DETROIT, MI – Marvin Booker, 30, of Warren, MI, was sentenced in federal court for coercion and enticement of a minor, United States Attorney Dawn N. Ison announced today. Booker was sentenced by United States District Judge Gershwin Drain to ten years in federal prison, followed by five years of supervised release. Booker has been in custody since his arrest in March 2020.

Joining in the announcement was Josh Hauxhurst, Acting Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation, and William Dwyer, Commissioner for the Warren Police Department.

According to court records, Booker sexually exploited a 16-year-old girl for his own profit by having her perform commercial sex dates. Booker posted the minor for dates online, transported her to dates and rented hotel rooms, and took money that the minor was paid for performing sex acts. In addition, Booker instructed the victim to send sexually explicit images to him for the online advertisements.

“Human traffickers like this defendant exploit and endanger some of the most vulnerable members of our society and cause their victims indescribable harm,” stated U.S. Attorney Dawn N. Ison. “He manipulated, threatened, and trafficked a minor victim to profit from the sex work she conducted. We hope that today’s sentence offers the victim a sense of justice and closure and sends the message that we will not tolerate sex trafficking in our communities.”

“This defendant preyed upon a very vulnerable teenager by promising her shelter, money, and affection. Instead of providing those things, he callously sold her to other men for his own financial benefit,” said Josh Hauxhurst, Acting Special Agent in Charge of the FBI’s Detroit Division. “The FBI, Warren Police Department, and law enforcement partners across Southeast Michigan will work tirelessly to protect our children from this type of predatory behavior.”

“Our Detectives did an excellent job in advocating for this minor victim survivor and pursuing charges in partnership with the FBI,” said William Dwyer, Commissioner for the Warren Police Department. “Warren will continue to have zero tolerance for commercialized sex and offenses that breed human trafficking in our communities.”

On January 31, 2022, Attorney General Merrick B. Garland released the Justice Department’s new National Strategy to Combat Human Trafficking pursuant to the Justice for Victims of Trafficking Act, which aims to enhance the department’s capacity to prevent human trafficking; to prosecute human trafficking cases; and to support and protect human trafficking victims and survivors.

Among other things, the Justice Department’s multi-year strategy to combat all forms of human trafficking will:

• Strengthen engagement, coordination and joint efforts to combat human trafficking in U.S. Attorneys’ Offices and by federal law enforcement agents nationwide.
• Establish federally-funded, locally-led anti-human trafficking task forces that support sustained state law enforcement leadership and comprehensive victim assistance.
• Step up departmental efforts to end forced labor by increasing attention, resources and coordination in labor trafficking investigations and prosecutions.
• Develop and implement new victim screening protocols to identify potential human trafficking victims during law enforcement operations and encourage victims to share important information.
• Increase capacity to provide victim-centered assistance to trafficking survivors, including by supporting efforts to deliver financial restoration to victims.
• Expand dissemination of federal human trafficking training, guidance and expertise.
• Advance innovative demand-reduction strategies.

To learn more about the Department’s efforts to combat human trafficking, please visit www.justice.gov/opa/pr/attorney-general-merrick-b-garland-announces-justice-department-strategy-combat-human.

To learn more about human trafficking indicators visit www.dhs.gov/blue-campaign/indicators-human-trafficking. If you believe that you or someone you know may be a victim of human trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888, or Text 233733.

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.projectsafechildhood.gov.

The case was investigated by the FBI and the Warren Police Department and was prosecuted by Assistant United States Attorney Barbara Lanning.

Source: United States Department of Justice News

Remarks as Delivered

Good afternoon, everybody. I will kick us off with some remarks about the department’s 2023 budget request. It’s great to be with everyone to discuss the FY 2023 budget request and how the proposed budget will benefit both the Department of Justice and the American people.

Over the many years I’ve spent at the department, our mission to uphold the rule of law and protect the American people has remained constant, even as the threats we face have continued to evolve. Today, it has never been more important that we have the resources we need to address violent crime, protect our nation against cyber threats and combat foreign and domestic terrorism. Equally important is continuing our work – which the Attorney General has described as being in the DNA of the department – to protect the civil rights of all Americans.

The President’s Fiscal Year 2023 budget request for the Department of Justice provides critical investments in these priorities by requesting more than $37 billion for the Department of Justice. This request and these investments are even more important because the recently enacted

Omnibus legislation did not contain critical enhancements to support many of these priorities.

Now, the women and men of the Justice Department will of course continue to do all they can with the resources provided to them, but to do their jobs, they need the resources that the President’s Fiscal Year 2023 budget request provides. It renews our requests for the unfunded portions of the FY22 budget and provides much needed investments to keep our community safe by, among other things, funding more cops on the beat in our communities, fighting gun violence and investing in crime prevention and community violence intervention.

The FY23 budget request almost $37.7 billion for the Department of Justice. It represents a comprehensive reinvestment in our core mission and illustrates our commitment to upholding the rule of law, keeping our country safe and protecting the civil rights of all Americans.

The President’s budget requests a total of more than $20 billion for the department’s law enforcement components and U.S. Attorneys’ Offices, to keep our country safe from a wide range of complex and evolving threats.

Now, some of the key resource requests include funding for the department’s ambitious strategy for combating increases in violent crime and gun violence. The 2023 budget includes almost $11.2 billion to tackle violent crime, a figure that includes more than $1 billion in new investments in reducing gun violence and violent crime, sustained investments of $3 billion in grant programs that help communities address violent crime. The President’s budget also requests $30 billion in mandatory resources over the next five to 10 years, which is an unprecedented commitment by this administration to support COPS hiring. For more cops on the beat to keep communities safe, as well as a new Gun Crime Prevention Strategic Fund, along with the new Accelerating Criminal Justice Reform Grants Program.

Now the department is, as always, focused on protecting our nation’s security and defending against foreign and domestic terrorism, and this budget includes $7.3 billion for national security programs, including more than $140 million in program increases to strengthen the department’s response to terrorism, espionage and the proliferation and potential use of weapons of mass destruction.

On the cyber front, the threats we face from adversaries have never posed a higher risk than they do today. The Department of Justice and the FBI are critical players in combating cyber threats, protecting victims, and holding cyber threat actors accountable, as we have shown with a number of unprecedented enforcement actions over the past year. In light of this threat environment and geopolitical realities, investing in cybersecurity has never been more important. We undertook a comprehensive review of the department’s cyber capabilities and strategies, and this budget provides the department with over $1.2 billion, including nearly $150 million in cyber program enhancements to protect the department systems from cyber threats, identify the perpetrators of cybercrimes and ultimately to help bring those perpetrators to justice.

In addition to our work to keep the country safe, the department seeks to invest significantly in our work to protect civil rights. This budget devotes more than $782 million to this work, more than twice the proposal in last year’s budget. If this budget, with its mandatory grant proposals, is adopted, the department would devote $3.5 billion to civil rights – an unprecedented level of support for this work.

This request includes funding for the newly re-established Office for Access to Justice, as well as increases in funding for the Civil Rights Division, the Environment and Natural Resources Division, the Office of Justice Programs and the Office on Violence Against Women. And, it includes new resources to expand legal access programs consistent with our commitment to a fair and efficient immigration system.

The Attorney General and I applaud the recent reauthorization of the Violence Against Women Act, and this budget invests $1 billion in the Office on Violence Against Women.

This budget also invests $578 million to reform and strengthen the criminal and juvenile justice systems.

It invests over $200 million to promote fair and impartial court and correctional systems, in addition to $150 million in base resources for the Bureau of Prisons that can go toward funding 1,300 positions. Now, that includes nearly 600 First Step Act positions.

This budget also invests $106 million for a new initiative that I announced last year to expand the use of body worn cameras, not only among our state and local law enforcement and task force partners, but also among federal agents for the first time.

This budget invests over $40 million in enhancements and $400 million in grant funding to expand the department’s ongoing efforts to stem the flow of deadly drugs into America.

The budget also invests $66 million for increased antitrust enforcement, and it includes funding for new programs to expand the department’s work addressing elder justice, crimes against children and gender-based violence and discrimination.

Attorney General Garland and I are committed to ensuring that the Department of Justice upholds its mission of ensuring equal justice under law and protecting the American people. This budget is a critical step, and we are eager to work with congressional leaders on both sides of the aisle to secure its timely passage.

So with that, I am happy to take a few questions aided by, of course, Jolene Lauria, the Deputy Assistant Attorney General, who will walk you through more details of the budget.