Month: March 2022

Source: United States Department of Justice

A Chinese national is charged in a criminal complaint, which was unsealed today in the Southern District of New York, with conspiring to act in the United States as an illegal agent of the People’s Republic of China (PRC).

According to court documents, Sun Hoi Ying, aka Sun Haiying, 45, of the PRC, from at least February 2017 through February 2022, acted in the United States as an agent of the PRC government, without notifying the U.S. Attorney General as required by law.

“This case demonstrates, once again, the PRC’s disdain for the rule of law and its efforts to coerce and intimidate those it targets on our shores as part of its Operation Fox Hunt,” said Assistant Attorney General for National Security Matthew G. Olsen. “The defendant allegedly traveled to the United States and enlisted others, including a sworn law enforcement officer, to spy on and blackmail his victims. Such conduct is both criminal and reprehensible.”

“The PRC government launched a campaign dubbed ‘Operation Fox Hunt,’ a global plot to repress dissent and to forcibly repatriate so-called ‘fugitives’ – including citizens living legally in the United States – through the use of unsanctioned, unilateral and illegal practices,” said U.S. Attorney Damian Williams for the Southern District of New York. “We allege Mr. Sun, as part of that campaign, attempted to threaten and coerce a victim into bending to the PRC’s will, even using a co-conspirator who is a member of U.S. law enforcement to reinforce that the victim had no choice but to comply with the PRC government’s demands. Today’s charges reflect this office’s continued commitment, working hand in hand with our partners at the FBI, to combat transnational repression and bringing to justice those who perpetrate it.”

“The Chinese government takes advantage of our freedoms — freedoms they deny their own citizens — to advance their authoritarian regime, and calls uncomfortable truths about their behavior rumors and lies,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “There’s nothing false about seeing example after example of the Chinese government’s underhanded and illegal behavior here in the United States. I urge anyone to contact the FBI if you feel you’re a victim of the Chinese government’s illegal Fox Hunt activities.”

“As alleged, Sun Hoi Ying, acting at the direction of the PRC government, engaged in a range of activities designed to pressure individuals in the United States to return to the PRC to face charges brought by the Chinese government,” said Assistant Director in Charge Michael J. Driscoll of the FBI’s New York Field Office. “Our commitment to protecting the freedoms enjoyed by all United States residents is steadfast. Today’s action is the latest example of our unwavering determination to combat transnational repression in all its forms.”

According to court documents, the FBI has been involved in an investigation of individuals who, working at the direction of the PRC government, have engaged in an international campaign, known alternatively as “Operation Fox Hunt” and “Operation Skynet,” to pressure individuals located in the United States and elsewhere to return to the PRC to face charges or to otherwise reach financial settlements with the PRC government.

As alleged, from approximately October 2016 through May 2017, Sun conducted operations in the United States on behalf of the PRC government to pressure, threaten and collect personal information regarding victims of Operation Fox Hunt. Among other things, as part of his operations and at the direction of the PRC government, Sun hired private investigators in the United States to gather personal information on Operation Fox Hunt targets, labeled as “fugitives” by the PRC government and provided some of that information to the PRC government.

According to the complaint, Sun provided 35 names to a private investigator (P.I.-1) working at a U.S. company (Firm-1) of individuals described as PRC fugitives, including Victim-1, who is a U.S. citizen that previously lived in the PRC, worked at a PRC-owned company, and was subsequently accused by the PRC government of embezzlement. As alleged, P.I.-1 conducted surveillance at Victim-1’s home and provided a report to Firm-1 and Sun. By June 2018, the PRC government had publicly disseminated personal identifying information of Victim-1 – including case details, a photograph and home address – on PRC-based news media websites.

While Sun was collecting information about Victim-1 for the PRC government, Victim-1’s daughter (Victim-2), who is a U.S. citizen and was pregnant at the time, was held against her will in the PRC for approximately eight months. In or about October 2016, Victim-2, her spouse and her minor child attempted to leave the PRC to return to the United States. However, Victim-2 was told by PRC customs officials and a PRC prosecutor (Prosecutor-1) that she could not leave and was subject to an “exit ban.” While Victim-2’s spouse and minor child were able to return to the United States, Victim-2 was told that, since Victim-1 had committed a crime, the “exit ban” on Victim-2 was a consequence of Victim-1’s fugitive status. The PRC prosecutor further told Victim-2: (1) that she would not be permitted to leave the PRC until she helped cause Victim-1 to return to the PRC to resolve Victim-1’s criminal case; (2) that Victim-2 was not to discuss the “exit ban” with the U.S. government; and (3) that the U.S. Embassy was helpless to address Victim-2’s status in the PRC. When Victim-2 explained to Prosecutor-1 that she was pregnant and wished to deliver her baby in the United States, Prosecutor-1 told Victim-2 she would deliver her baby in the PRC if the conditions were not yet met for the “exit ban” to be lifted.

According to the complaint, on or about Dec. 1, 2019, Sun also sought out, located and met with an Operation Fox Hunt target (Victim-3), in New York City, in coordination with a co-conspirator who is a local U.S. law enforcement officer. During the meeting, Sun threatened and pressured the victim, including by threatening that the PRC government would take certain adverse and retaliatory actions if the victim did not comply with the demands of the PRC government.

Sun is charged with one count of conspiring to act as an agent of a foreign government without notifying the Attorney General, which carries a maximum sentence of five years in prison, and one count of acting as an agent of a foreign government without notifying the Attorney General, which carries a maximum sentence of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Matthew J.C. Hellman and Kyle A. Wirshba for the Southern District of New York are prosecuting the case, with valuable assistance provided by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section.

The FBI’s New York Field Office is investigating the case.

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

Source: United States Department of Justice

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Matthew M. Graves for the District of Columbia today announced a two-count indictment charging Lauren Handy, 28, of Alexandria, Virginia; Jonathan Darnel, 40, of Arlington, Virginia, Jay Smith, 32, of Freepart, New York; Paulette Harlow, 73, of Kingston, Massachusetts; Jean Marshall, 72, of Kingston, Massachusetts; John Hinshaw, 67, of Levittown, New York; Heather Idoni, 61, of Linden, Michigan; William Goodman, 52, of the Bronx, New York; and Joan Bell, 74, of Montague, New Jersey, with federal civil rights offenses in connection with an alleged reproductive healthcare clinic invasion in Washington, D.C., on Oct. 22, 2020. The defendants were charged with conspiracy against rights and a FACE Act offense.

The indictment returned by a federal grand jury alleges that the nine defendants engaged in a conspiracy to create a blockade at the reproductive health care clinic to prevent the clinic from providing, and patients from receiving, reproductive health services. According to the indictment, as part of the conspiracy, Smith, Harlow, Marshall, Hinshaw, Idoni, Goodman and Bell traveled to Washington, D.C., from various northeast and midwestern states, to participate in a clinic blockade that was directed by Handy and was broadcast on Facebook by Darnel. According to the indictment, Handy, Smith, Harlow, Marshall, Hinshaw, Idoni, Goodman and Bell forcefully entered the clinic and set about blockading two clinic doors using their bodies, furniture, chains and ropes. Once the blockade was established, Darnel live-streamed footage of his co-defendants’ activities. The indictment also alleges that the nine defendants violated the FACE Act by using a physical obstruction to injure, intimidate and interfere with the clinic’s employees and a patient, because they were providing or obtaining reproductive health services.

If convicted of the offenses, the defendants each face up to a maximum of 11 years in prison, three years of supervised release and a fine of up to $350,000.

The case is being investigated by the FBI’s Washington, D.C. Field Office. The case is being prosecuted by the Justice Department’s Civil Rights Division and the Public Corruption and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia. The U.S. Attorneys’ Offices for the District of New Jersey, District of Massachusetts, Eastern District of Michigan, Eastern District of New York and Southern District of New York; and FBI Field Offices in Newark, New York City, Boston and Detroit provided valuable assistance.

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

Source: United States Department of Justice News

SHREVEPORT, La. – United States Attorney General Merrick B. Garland has announced the appointment of U.S. Attorney Brandon B. Brown of the Western District of Louisiana to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). The AGAC was created in 1973 and advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys in Department policies. Brown, along with 11 other U.S. Attorneys from around the United States, will serve on the AGAC. The first meeting of the AGAC will take place later this spring.

U.S. Attorney Brandon B. Brown of the Western District of Louisiana was confirmed by the Senate in December 2021. From 2007 to 2012, Brown served as an assistant prosecuting attorney in the Ouachita Parish District Attorney’s Office. He was also an associate at Hammonds, Sills, Adkins & Guice LLP in Baton Rouge, Louisiana. Since 2012, he has served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Western District of Louisiana. Brown earned a Bachelor of Arts in 2002 and a Master of Business Administration in 2004 from Louisiana Tech University, followed by a Juris Doctor in 2007 from the Southern University Law Center.

Other appointees include U.S. Attorney Damian Williams for the Southern District of New York; U.S. Attorney Cindy K. Chung for the Western District of Pennsylvania; U.S. Attorney Darcie McElwee for the District of Maine; U.S. Attorney Trini Ross for the Western District of New York; U.S. Attorney Sandra Hairston for the Middle District of North Carolina; U.S. Attorney Dawn Ison for the Eastern District of Michigan; U.S. Attorney Gregory Harris for the Central District of Illinois; U.S. Attorney Andrew Luger for the District of Minnesota; U.S. Attorney Gary Restaino for the District of Arizona; U.S. Attorney Cole Finegan for the District of Colorado; and U.S. Attorney Matthew Graves for the District of Columbia. An appointee from a district within the jurisdiction of the Eleventh Circuit of the U.S. Court of Appeals will be announced at a later date, once the Senate has confirmed nominees. U.S. Attorney Damian Williams will serve as the Chair of the AGAC, and U.S. Attorney Cindy Chung will serve as the Vice Chair.

“These United States Attorneys will represent the views of dedicated federal prosecutors across the country, and provide advice and insight into essential matters facing the Department,” said Attorney General Garland. “I look forward to working alongside them in carrying out the Department’s core priorities of upholding the rule of law, keeping our country safe, and protecting civil rights.”

“It is an honor to have been selected to serve on this committee with my fellow U.S. Attorneys from around the United States,” said U.S. Attorney Brandon B. Brown. “I take this appointment very seriously and am excited to begin the work of addressing matters and issues affecting the hard work that the men and women of the U.S. Attorney’s Office do every day to uphold the laws of the Constitution of the United States.”

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Source: United States Department of Justice News

Chief United Stated District Court Judge Scott W. Skavdahl sentenced TYLER EUGENE MCCURDY 40, of Riverton, Wyoming on March 16, 2022, for possession with intent to distribute methamphetamine and carrying a firearm during and relation to a drug trafficking crime. McCurdy was arrested in Lander, Wyoming on September 30, 2021. He received 200 months’ imprisonment, to be followed by five years of supervised release, and was ordered to pay $500 in restitution and a $200 special assessment. At the time of the arrest, on July 9, 2021, McCurdy was in possession of approximately 360 grams of methamphetamine, 21 grams of heroin, plant form and liquid marijuana, 33 pills containing fentanyl, as well as a semi-automatic pistol, two 12-gauge shotguns, and $2,260 in U.S. currency. Wyoming Division of Criminal Investigation investigated the crime. Assistant United States Attorney Timothy W. Gist prosecuted the case.

United States District Court Judge Nancy D. Freudenthal sentenced KENNETH ANDREW DOERGE, 43, of Billings, Montana on March 7, 2021, for being a felon in possession of a firearm. He was arrested on August 31, 2021, in Campbell County, Wyoming. Doerge received 21 months’ imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100 special assessment. The Bureau of Alcohol, Tobacco and Firearms investigated the case, and it was prosecuted by Assistant United States Attorney Timothy J. Forwood.

United States District Court Judge Nancy D. Freudenthal sentenced BRANDON D SPENCE 21, of Casper, Wyoming on March 7, 2022 for distribution of fentanyl. Spence was arrested in Casper, Wyoming on September 24, 2021. He received 60 months’ imprisonment, to be followed by three years of supervised release, and was ordered to pay $500 in restitution and a $100 special assessment. The Drug Enforcement Administration and Cheyenne Police Department investigated the crime. Assistant United States Attorney Margaret M. Vierbuchen prosecuted the case.

Chief United States District Court Judge Scott W. Skavdahl sentenced WILLIAM TAYLOR, 61, of Cody, Wyoming for distribution of methamphetamine on February 2, 2022. Taylor was arrested on July 27, 2021, in Park County, Wyoming. He was sentenced to 60 months’ imprisonment to be followed by four years of supervised release and ordered to pay $250 in restitution and a $100 special assessment. According to the evidence, Taylor was part of a drug conspiracy that involved shipping methamphetamine via the United States Postal Service between 2020 and 2021. The co-defendants in this case were Phillip Dobbins and Melissa Walsh. This crime was investigated by Wyoming Division of Criminal Investigation and the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Timothy J. Forwood.

United States District Court Judge Nancy D. Freudenthal sentenced MELISSA WALSH, 41, of Citrus Heights, California for distribution of methamphetamine on February 15, 2022. She was arrested on August 2, 2021, in Sacramento, California. Walsh was sentenced to 36 months’ imprisonment to be followed by three years of supervised release and ordered to pay $200 in restitution and a $100 special assessment. According to the evidence, she was part of a drug conspiracy that involved shipping methamphetamine via the United States Postal Service between 2020 and 2021. The co-defendants in this case were Phillip Dobbins and William Taylor. This crime was investigated by Wyoming Division of Criminal Investigation and the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Timothy J. Forwood.

United States District Court Judge Alan B. Johnson sentenced TREVOR HYLLE, 24, of Gillette, Wyoming for transportation of child pornography on February 18, 2022. Hylle received 60 months’ imprisonment, to be followed by five years of supervised release, and was ordered to pay $27,000 in restitution and a $100 special assessment. According to the evidence, in 2019 a CyberTipline Report from the National Center for Missing and Exploited Children alerted authorities to a Dropbox account that contained child pornography. The Dropbox account belonged to Hylle. A subsequent investigation and interview with Hylle concluded he received and/or distributed child pornography on multiple online accounts including Kik, Dropbox, Mega, Snapchat and Tumblr. This crime was investigated by the United States Immigration and Customs Enforcement, Homeland Security Investigations and Wyoming Division of Criminal Investigation Internet Crimes Against Children task force. The case was prosecuted by Assistant United States Attorney Stephanie A. Hambrick. 

Chief United Stated District Court Judge Scott W. Skavdahl sentenced NEOAL GUYEAL HAYES, 46, of Denver Colorado for possession with intent to distribute methamphetamine, heroin, and cocaine and possession of a firearm in furtherance of a drug trafficking crime. He received 120 months’ imprisonment for count one and 60 months’ imprisonment for count 2 (to be served consecutively), five years of supervised release and was ordered to pay $500 community restitution and a $200 special assessment. Hayes was arrested in Cheyenne, Wyoming on March 10, 2020. During a traffic stop, 2.5 kilograms of methamphetamine and smaller amounts of cocaine and heroin were seized from his vehicle. A handgun was also located in the vehicle. The Drug Enforcement Administration, Cheyenne Police Department, and Wyoming Highway Patrol investigated the crime. The case was prosecuted by Assistant United States Attorney Stephanie I. Sprecher.

Source: United States Department of Justice News

BRUNSWICK, GA:  An Appling County woman has been sentenced to prison after pleading guilty to a conspiracy to distribute methamphetamine.

Linda Timblin, 48, of Baxley, Ga., was sentenced to 60 months in prison after pleading guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Lisa Godbey Wood also ordered Timblin to serve three years of supervised release after completion of her prison term.

There is no parole in the federal system.

“Methamphetamine is a deadly drug with disastrous consequences for our communities, including the violent crimes linked to trafficking,” said U.S. Attorney Estes. “Our office will continue to work diligently with our law enforcement partners to hold meth merchants accountable and remove them from our streets.”

As described in court documents and testimony, investigators with the Appling County Sheriff’s Office and the U.S. Drug Enforcement Administration (DEA) Savannah Office in November 2018 identified Timblin as working with others to pick up large amounts of methamphetamine from a supplier in Atlanta and bring it back to the Waycross area for distribution. After searches resulting from a traffic stop, investigators found nearly 500 grams of methamphetamine concealed in a hotel room Timblin rented in Baxley, Ga.

Timblin, whose lengthy criminal history includes three prior felony convictions, was on state probation from a 2016 conviction for sale of methamphetamine at the time of her arrest.

“This reoffending ‘meth’ trafficker was caught because of the joint efforts between DEA and its law enforcement counterparts,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “This defendant will now spend well-deserved time in prison and her sentencing makes the Appling County community a safer place.”

The case was investigated by the DEA and the Appling County Sheriff’s Office, and prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia.