Month: April 2022

Source: United States Department of Justice News

OKLAHOMA CITY – Last Friday, a federal judge sentenced JOHN SCOTT BROOKS, 39, of Lawton, to serve 120 months in federal prison for a Lawton bank robbery involving a fake bomb, announced United States Attorney Robert J. Troester.

On June 3, 2020, a federal grand jury returned a two count Indictment against Brooks.  Count 1 charged Brooks with bank robbery and Count 2 charged him with making a bomb threat.  According to evidence presented at trial in April 2021, Brooks pulled up to the drive-through teller lane at the Southwest Oklahoma Federal Credit Union, located at 6714 West Gore Boulevard, Lawton, Oklahoma, on March 23, 2020, and he placed a fake bomb and demand note in the teller drawer.  He immediately held up a device displaying timer, which was counting down.  After the teller provided Brooks with bank proceeds, he took the fake bomb and drove away.

Evidence at trial further showed that Brooks attempted to get away with the robbery by creating a cover story, which included altering the appearance of his vehicle, erasing electronic information from his cell phone, and driving to another bank and then to Wichita Falls, Texas, so he could tell law enforcement he was somewhere else at the time of the robbery. Evidence at trial included testimony from the bank teller, bank surveillance footage of the robbery, a bank robbery list found at Brooks’ residence, and a vehicle image comparison analysis performed by an FBI forensic examiner, which showed Brooks changed the appearance of his vehicle immediately after the robbery.  Additionally, multiple witnesses testified that they recognized Brooks in the still photo of the surveillance footage taken from the robbery.  

The trial lasted two days, and the jury deliberated approximately two hours before finding Brooks guilty of one count of bank robbery. 

At the sentencing, U.S. District Court Judge Scott Palk sentenced Brooks to serve 120 months in federal prison.  In support of his sentence, Judge Palk cited, among other things, the serious nature of the offense, Brooks’ criminal history, and the impact the robbery had on the teller.  Judge Palk also ordered Brooks to serve five years of supervised release when released from federal prison.  Brooks has been detained in federal custody since April 3, 2020.

This case was the result of an investigation by the Federal Bureau Investigation’s Oklahoma City Field Office and the Lawton Police Department.  Assistant U.S. Attorneys Wilson D. McGarry and Stan West prosecuted the case.

Reference is made to public filings for more information.

Source: United States Department of Justice News

Charges Involved Theft of Proprietary Software and Sensitive Databases from U.S. Government

Source: United States Department of Justice

Remarks as Prepared for Delivery

Thank you, Madam Vice President, for that kind introduction.

There is no higher priority for the Department of Justice than keeping the American people safe.

That is why every day we work with our community and law enforcement partners to combat violent crime through prevention and prosecutions.

Too often, though, murders and other serious crimes are committed with guns. 

Each victim of gun violence is someone’s loved one, neighbor, friend.

We stand together today in recognition of that loss and alongside all those who have been touched by the tragedy of gun violence.

We also stand together with resolve and hope for the future.

Just over one year ago, the President, the Vice President and the Attorney General stood in this very spot to announce new steps to curb gun violence.  

One such critical step is reigning in so-called “ghost guns.”

These are guns that have no serial numbers; they are nearly impossible for law enforcement to trace. Many are sold without a background check. They are accessible to almost anyone. 

They often come in kits – bought online – they can be assembled quickly with little or no training.  

That means someone can convert parts in a box into a working gun with alarming ease.

We call them “ghost guns” because they can’t be traced – but make no mistake, they are real; they can shoot to kill – and they do.

For years, criminals have sought out these unmarked guns to murder and maim.

That’s why today Attorney General Garland has signed a rule that updates our regulations to keep up with changes in technology. 

The goal: to keep untraceable guns off the streets – out of the hands of criminals and others prohibited by law from possessing a firearm.

Some of the key changes include: updating old definitions to ensure that gun laws apply to all firearms – including ghost guns; requiring gun dealers to run background checks on kits containing parts that can readily be converted into a gun; facilitating tracing by requiring firearms dealers to apply serial numbers to existing ghost guns that they take into inventory.

Because of these updates, law enforcement will have additional crime gun intelligence to stop gun violence, to seek justice for the victims of violent crimes, and to get guns used in crimes off our streets.

Today’s announcement is one of many efforts by the Department of Justice to protect our communities from violent crime and gun violence.

We continue to go after and disrupt illegal gun trafficking networks.

We continue to go after and hold accountable the most violent offenders.

And we are working every day with our partners in law enforcement and community leaders to craft specific strategies to combat violent crime and keep communities safe.

We will not stop until we reduce violent crime and save lives.

As the Attorney General has said, the department will continue to apply every tool at our disposal to fulfill that obligation.

And now, it is my honor to introduce Mia Tretta, an inspiring young woman whose story illustrates why we are here today, and why these actions are so important.

Thank you.

Source: United States Department of Justice

Today, the Department of Justice announced that it has submitted to the Federal Register the “Frame or Receiver” Final Rule, which modernizes the definition of a firearm. Once implemented, this rule will clarify that parts kits that are readily convertible to firearms are subject to the same regulations as traditional firearms. These regulatory updates will help curb the proliferation of “ghost guns,” which are often assembled from kits, do not contain serial numbers, and are sold without background checks, making them difficult to trace and easy to acquire by criminals.

“One year ago, the Department committed to address the proliferation of ghost guns used in violent crimes,” said Attorney General Merrick B. Garland. “This rule will make it harder for criminals and other prohibited persons to obtain untraceable guns, will help ensure that law enforcement officers can retrieve the information they need to solve crimes, and will help reduce the number of untraceable firearms flooding our communities. I commend all our colleagues at the ATF who have worked tirelessly over the past 12 months to get this important rule finalized, and to do it in a way that respects the rights of law-abiding Americans.” 

The rule goes into effect 120 days from the date of publication in the Federal Register, and once implemented, will address the proliferation of these un-serialized firearms in several ways. These include:

1. To help keep guns from being sold to convicted felons and other prohibited purchasers, the rule makes clear that retailers must run background checks before selling kits that contain the parts necessary for someone to readily make a gun.
2. To help law enforcement trace guns used in a crime, the rule modernizes the definition of frame or receiver, clarifying what must be marked with a serial number – including in easy-to-build firearm kits.
3. To help reduce the number of unmarked and hard-to-trace “ghost guns,” the rule establishes requirements for federally licensed firearms dealers and gunsmiths to have a serial number added to 3D printed guns or other un-serialized firearms they take into inventory.
4. To better support tracing efforts, the rule requires federal firearms licensees, including gun retailers, to retain records for the length of time they are licensed, thereby expanding records retention beyond the prior requirement of 20 years. Over the past decade, ATF has been unable to trace thousands of firearms – many reportedly used in homicides or other violent crimes – because the records had already been destroyed. These records will continue to belong to, and be maintained by, federal firearms licensees while they are in business.

As the final rule explains, from January 2016 to December 2021, ATF received approximately 45,240 reports of suspected privately made firearms recovered by law enforcement, including in 692 homicide or attempted homicide investigations. The chart below demonstrates the total annual numbers of suspected PMFs recovered by law enforcement over the past six years:

Today’s announcement marks one year since the Attorney General directed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to issue a proposed rule within 30 days that would address the proliferation of unmarked firearms increasingly being used in crimes. On May 7, 2021, the Department of Justice issued a notice of proposed rulemaking, and during the 90-day open comment period, the ATF received more than 290,000 comments, the highest number of comments submitted to a proposed rule in ATF’s history. Today’s announcement is also the latest in a series of steps the department has taken to address violent crime and gun violence.

The final rule, as submitted to the Federal Register, can be viewed here: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver

To learn more about the rulemaking process, please see: https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

Source: United States Department of Justice News

PROVIDENCE, R.I. – A fourth Georgia man charged in federal court in Rhode Island with participating in a long-running scheme to entice homeless and transient individuals in the Providence area to cash counterfeit business checks in return for cash payments pled guilty today to conspiracy to commit bank fraud, announced United States Attorney Zachary A. Cunha.

Cortavious Benford, 28, of Atlanta, GA, pled guilty today; Austin Weaver, 26, of Decatur, GA, pled guilty on April 6; Jalen Ronald Stanford, 28, of East Point, GA, pled guilty on March 10; and Michael Williams, 27, of East Point, GA, pled guilty on July 7, 2021.

Benford, Weaver, and Stanford are awaiting sentencing; Williams was sentenced by U.S. District Chief Judge John J. McConnell, Jr., on February 16, 2022, to 41 months in federal prison to be followed by 3 years of federal supervised release. A defendant’s sentence is determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.

According to charging documents, homeless and other individuals enlisted by the four men were provided a bogus business check in their name and driven to financial institutions in Rhode Island, Massachusetts, Connecticut, Maine, and elsewhere. The bogus business checks had been created by members of the conspiracy using stolen banking information of actual businesses. The individuals recruited by the conspirators were instructed on how to enter the bank, cash the check using their own Rhode Island ID card or driver’s license for identification, and then return to the vehicle with the cash. Upon their return, a member of the conspiracy paid them between $100 and $200.

Two members of the conspiracy,  Michael Williams and Cortavious Benford, were arrested on February 5, 2021, after they recruited and drove a homeless person to a Providence bank. They threatened to injure him if he failed to provide them with all of the check’s proceeds. Despite the threat, once inside the bank, the man pointed out the vehicle parked outside of the bank as containing individuals who provided him with a counterfeit check. Providence Police located the vehicle a short distance away and arrested Williams and Benford. They were in possession of $12,000 in cash. 

A court-authorized search of a Providence residence by Providence Police and the United States Secret Service resulted in the seizure of a computer, which had a program used to design and print checks; a printer; blank check stock; and an envelope containing stolen checks and approximately $5,000 in cash. Several completed fraudulent checks were found on the computer.

Jalen Ronald Stanford was arrested on February 25, 2021; Austin Weaver was arrested on March 3, 2021.

The investigation determined that members of the conspiracy attempted to cash approximately $677,687 worth of counterfeit checks throughout the New England region, causing losses to financial institutions of approximately $480,000.

The cases are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.

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