Month: March 2022

Source: United States Department of Justice News

United States Attorney Clint Johnson today announced the results of the March 2022 Federal Grand Jury B.

The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Cody Dwayne Buzzard, Dakota Chase Buzzard, James William Buzzard.  First Degree Murder in Indian Country; Assault with a Dangerous Weapon in Indian Country; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence (second superseding indictment). In this second superseding indictment, James Buzzard, 49, is now charged along with his sons Cody, 28, and Dakota, 20, all of Grove, with the first degree murder of Jerry Tapp. The three allegedly aided and abetted one another when they shot and killed the victim on Aug. 1, 2019. In count 2, the defendants are alleged to have aided and abetted one another to shoot a second victim during the same incident. Finally, the defendants are charged with brandishing and discharging a firearm during and relation to a crime of violence. The FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Oklahoma State Bureau of Investigation, and Delaware County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorneys Ben Tonkin and Victor A.S. Régal are prosecuting the case. 21-CR-351

Anthony Taylor Fuller. Assault Resulting in Serious Bodily Injury in Indian Country. On Feb. 27, 2022, Fuller, 30, of Tulsa, caused serious bodily injury when he assaulted an elderly victim. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Melody Noble Nelson is prosecuting the case. 22-CR-82

Raymond Lee Goldesberry. Aggravated Sexual Abuse of a Minor Under 12 in Indian Country; Sexual Abuse of a Minor in Indian Country (superseding). Goldesberry, 42, of Tulsa, allegedly sexually abused a minor from May 2017 to Dec. 31, 2017. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Chantelle D. Dial is prosecuting the case. 21-CR-450

Caleb Russell Klein. Assault Resulting in Serious Bodily Injury in Indian Country. Klein, 32, of Tulsa, is alleged to have assaulted the victim on Feb. 16, 2022, causing serious bodily injury. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Ryan H. Heatherman is prosecuting the case. 22-CR-79

Jesse Ray Matlock. Aggravated Sexual Abuse by Force and Threat in Indian Country; Assault of a Spouse, Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country; Tampering with a Witness by Using and Threatening Physical Force; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence. Matlock, 31, of Eucha, is alleged to have sexually assaulted the victim and strangled her on Feb. 24, 2022. He also threatened to harm the victim and her family if she reported the crime to authorities. He is further charged with carrying, using and brandishing a firearm during the crime. The FBI and Delaware County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Steven J. Briden is prosecuting the case. 22-CR-83

Jeremy Dustin Papke. Sexual Abuse of a Minor in Indian Country; Abusive Sexual Contact with a Minor in Indian Country; Coercion and Enticement of a Minor in Indian Country. From Sept.1, 2021, to Sept 30, 2021, Papke, 43, of Tulsa, allegedly engaged in a sexual act with a child who was between 12 and 16 years old. During that time, he further engaged in sexual contact with the victim. Finally, he is charged with coercing the minor into engaging in sexual activity. The FBI is the investigative agency. Assistant U.S. Attorney Nathan E. Michel is prosecuting the case. 22-CR-84

Miguel Angel Tapia-Teran. Possession of Methamphetamine with Intent to Distribute; Possession of Fentanyl with Intent to Distribute (superseding). Tapia-Teran, of Hermosillo, Sonora, Mexico, is charged with knowingly possessing with intent to distribute 500 grams or more of methamphetamine. He is further charged with knowingly possessing with intent to distribute 400 grams or more of fentanyl. The Drug Enforcement Administration and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorneys Joel-lyn A. McCormick and Leah Paisner are prosecuting the case. 22-CR-50

Source: United States Department of Justice News

A former managing director for a defense contractor pleaded guilty today to tax evasion.

According to court documents and statements made in court, from 2010 through 2019, James M. Robar, of Colorado Springs, Colorado, did not timely file tax returns with the IRS. Beginning in approximately February 2012 James Robar was employed by a U.S. Department of Defense contracting company, eventually serving as its managing director starting in 2015. In 2016 and 2017, Robar evaded taxes by having his employer hold his bonus payments in an offshore corporate bank account rather than have those funds transferred to his domestic bank account. In 2019, after receiving a $1 million bonus from his employer, Robar purchased two properties at a total cost of slightly more than $1 million, and he titled both properties solely in his spouse’s name. In total, Robar did not report approximately $5.5 million in compensation he earned from 2012 through 2019, causing a tax loss to the government of more than $1.5 million.

Robar is the second defendant associated with the defense contracting company to plead guilty. Charles Squires pleaded guilty to tax evasion in February 2022.

Robar is scheduled to be sentenced at a later date and faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Matthew M. Graves for the District of Columbia made the announcement.

IRS-Criminal Investigation and the Special Inspector General for Afghanistan Reconstruction are conducting the investigation.

Assistance was provided by the Joint Chiefs of Global Tax Enforcement (J5), which brings together the taxing authorities of Australia, Canada, Netherlands, United Kingdom and the United States.

Senior Litigation Counsel Nanette Davis and Trial Attorneys Brittney Campbell and Sarah Ranney of the Tax Division, and Assistant U.S. Attorney Leslie Goemaat of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case.

Source: United States Department of Justice

A federal jury convicted a New Jersey man for his involvement in a conspiracy to fraudulently obtain U.S. visas for Chinese government employees.

According to court documents and evidence presented at trial, Zhongsan Liu, 59, of Fort Lee, participated in a scheme to fraudulently procure J-1 research scholar visas for employees of the government of the of the People’s Republic of China (PRC) to enable them to unlawfully work for the PRC government in the United States and to conceal that unlawful work from the United States and its agencies.

Liu operated an office of the China Association for the International Exchange of Personnel (CAIEP), an agency of the PRC government, in Fort Lee, New Jersey. Among other activities, CAIEP engages in talent-recruitment for the benefit of the PRC, including recruiting U.S. scientists, academics, engineers and other experts to work in China.

From 2017 up to and including September 2019, Liu worked with others to fraudulently procure J-1 research scholar visas for PRC government employees in order to enable those employees to unlawfully work for CAIEP in the United States and to conceal that unlawful work from the Department of State and the Department of Homeland Security. The J-1 research scholar program permits foreign nationals to come to the United States for the primary purpose of conducting research at a corporate research facility, museum, library, university, or other research institution. Liu worked with others to obtain a J-1 research scholar visa for a prospective CAIEP employee, Sun Li, based on the false representation that Sun Li would conduct research at a U.S. university, and to conceal the unlawful work of another CAIEP employee, Liang Xiao, who was present in the United States on a J-1 visa sponsored by a U.S. university.

In or about April 2018, Liang Xiao applied for and received a J-1 visa to conduct research at that U.S. university. Although Liang represented to the U.S. government that she was entering the United States for the primary purpose of conducting research at the university, Liang’s actual purpose in the United States consisted of working for CAIEP. Liu helped Liang take measures to enhance her false appearance as a research scholar by, among other things, directing Liang to report to the university upon her arrival in the United States; ensuring that Liang obtained a local driver’s license and disguising Liang’s CAIEP salary as a subsidy for a research scholar’s living expenses.

In addition, Liu sought to enable Sun Li to obtain a J-1 research scholar visa under false pretenses. In particular, Liu reached out to contacts at multiple U.S. universities in order to arrange for a university to invite Sun Li to come to the United States as a J-1 research scholar. In truth and in fact, however, Liu intended that Li’s primary purpose in the United States would consist of working for CAIEP.

Liu was convicted of one count of conspiracy to defraud the United States and to commit visa fraud, which carries a maximum sentence of five years. He is scheduled to be sentenced on July 11. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Damian Williams of the Southern District of New York, Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division and Assistant Director in Charge Michael J. Driscoll of the FBI’s New York Field Office made the announcement.

The FBI investigated the case, with valuable assistance provided by the U.S. Department of State, Department of Homeland Security, Homeland Security Investigations, and the National Security Division’s Counterintelligence and Export Control Section.

Assistant U.S. Attorneys Gillian Grossman and Elinor Tarlow for the Southern District of New York are prosecuting the case.

Source: United States Department of Justice News

Enrique Chavez appeared Tuesday in federal court to face a federal indictment charging him with two counts of abusive sexual contact against a prison inmate at the Federal Correctional Institute Dublin (FCI Dublin).

“Above all else, the Bureau of Prisons is charged with providing safe and humane treatment of all who are in their custody,” said Deputy Attorney General Lisa O. Monaco. “As this case makes clear, the Department of Justice is committed to holding BOP personnel accountable, including through criminal charges, when they fail to uphold their responsibility. Staff misconduct, at any level, will not be tolerated, and our efforts to root it out are far from over.”

“Correctional officers have a trusted responsibility to protect those under their authority,” said U.S. Attorney Stephanie M. Hinds for the Northern District of California. “Sexually abusing inmates is a betrayal of that responsibility and undermines a just penal system. My office is committed to pursuing charges against anyone – including federal employees – who abuse the public’s trust in violation of federal law.”

“Holding a position of power comes with great responsibility. Chavez made a decision to abuse his authority and victimize inmates he was responsible for overseeing,” said Special Agent in Charge Craig D. Fair of the FBI.  “Let this send a clear message that the FBI will investigate and hold accountable any and every individual who commits an act like this, regardless of your title or authority.” 

“Inmates should never experience sexual abuse at the hands of the Bureau of Prisons employees, yet five BOP employee have recently been charged with such abuse of inmates at FCI Dublin,” said Inspector General Michael E. Horowitz of the Department of Justice Office of the Inspector General. “The safety, security and integrity of federal prisons are of the utmost importance, and the Department of Justice Office of the Inspector General will continue to aggressively pursue allegations of abuse at FCI Dublin and across the BOP.”

According to the indictment unsealed today, Chavez, 49, of Manteca, California, is employed as a correctional officer at FCI Dublin.  FCI Dublin is a correctional institution that houses female prisoners and is operated by the Federal Bureau of Prisons (BOP). On the dates of the charged crimes, Chavez was assigned to the position of Cook Supervisor/Foreman. As a correctional officer, he supervised and had disciplinary authority over the female inmates incarcerated at FCI Dublin. Chavez was trained in BOP policies and procedures, which included instructions that sexual, financial and social relationships with inmates are prohibited. 

The indictment charges two counts of abusive sexual contact by Chavez against a prison inmate occurring on separate occasions in October 2020.  In each count, the indictment alleges that Chavez engaged in intentional sexual contact with “Victim 1.”  Victim 1 is identified as a female inmate detained at FCI Dublin and thereby under the custodial, supervisory and disciplinary authority of Chavez. 

Chavez was arrested in Arizona on Sunday, March 20. His initial court appearance occurred Tuesday, March 22, in U.S. District Court in Arizona, where he is being held pending transfer to the U.S. District Court in Oakland to face these charges. 

Chavez is charged with abusive sexual contact with a prisoner in violation of 18 U.S.C. § 2244(a)(4).  Each of the two counts carries a maximum statutory sentence of two years imprisonment, a three-year term of supervised release, and a $250,000 fine. However, any sentence following a conviction would be imposed by a court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The charges contained in the indictment are allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Deputy Attorney General Monaco for the U.S. Department of Justice, U.S. Attorney Hinds for the Northern District of California, Department of Justice Office of the Inspector General Horowitz and FBI Special Agent in Charge Fair made the announcement.       

Assistant U.S. Attorneys Mohit Gourisaria, Molly K. Priedeman and Andrew Paulson are prosecuting the case with the assistance of Kay Konopaske and Leeya Kekona. The prosecution is the result of an investigation by the Department of Justice Office of the Inspector General and the FBI.

Source: United States Department of Justice News

United States Attorney Dennis R. Holmes announced that a Mission, South Dakota man convicted of Prohibited Person in Possession of a Firearm was sentenced on March 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Kerry Browning, age 36, was sentenced to about six and half months of custody  through April 14, 2022, followed by 3 years of supervised release, and special assessment to the Federal Crime Victims Fund in the amount of $100.

Browning was indicted by a federal grand jury on June 8, 2021.  He pled guilty on December 30, 2021.

The conviction stems from an incident on April 11, 2021, in Todd County, South Dakota, when law enforcement received a call that Browning was driving recklessly.  When law enforcement made contact with Browning, they observed a rifle in plain view in his vehicle.  Browning is felon and an unlawful user of a controlled substance making him a prohibited person.  

This case is part of Project Safe Neighborhoods (PSN), 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.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan Dilges prosecuted the case.

Browning was detained following his sentencing hearing.