Month: April 2022

Earlier today in federal court in Brooklyn, Bernard Raymond Augustine was sentenced by United States District Judge Sterling Johnson, Jr. to 20 years’ imprisonment for attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”).  Augustine, a U.S. citizen and California resident, was convicted by a federal jury after a one-week trial in August 2021. 

Breon Peace, United States Attorney for the Eastern District of New York, Matthew G. Olsen, Assistant Attorney General of the Justice Department’s National Security Division, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.

“Today’s sentence ensures this dangerous defendant will not join ISIS as he tried to do in 2016, and testified at trial that he would do again if the jury acquitted him.  The trial evidence demonstrated that Augustine is a committed supporter of ISIS, that he glorified beheadings and other acts of terror, and that he intended to support the terrorist organization by encouraging more English speakers to join its ranks,” stated United States Attorney Peace. “Detecting and thwarting terrorism and keeping the people of this country safe will always be priorities of this Office.”  Mr. Peace praised the work of the FBI’s New York Joint Terrorism Task Force on the case.

“The sentence Mr. Augustine received today insures he will never achieve his stated ambition of joining ISIS and supporting the terrorist group’s pursuit of its reprehensible goals.  Protecting our nation from terrorism in all its forms remains the FBI’s top priority, and today’s outcome is the latest example of our commitment to pursuing this mission both domestically and globally,” stated FBI Assistant Director-in-Charge Driscoll.

“Protecting our nation’s security is paramount, and this case illustrates our continued commitment to fight terrorism in every form, both here and abroad,” stated NYPD Commissioner Sewell.  “Any person who puts American lives at risk will be held accountable to the fullest extent of the law, and I want to thank the U.S. Attorney’s Office for the Eastern District of New York, the Justice Department’s National Security Division, the Federal Bureau of Investigation, the members of the FBI/NYPD Joint Terrorism Task Force, and everyone else who prevented this threat and kept Americans safe.”

The evidence at trial established that in February 2016, Augustine traveled from San Francisco, California to Northern Africa, with the goal of joining ISIS, a designated foreign terrorist organization.  After arriving in Tunisia, Augustine was detained by local authorities before he could make it to ISIS-controlled territory across the border in Libya.  He was returned to the United States in 2018 and prosecuted in the Eastern District of New York.

In the months leading up to his travel, Augustine watched ISIS propaganda, including videos glorifying ISIS’s violence, such as “The Flames of War.”  He conducted internet searches for, among other things, “how to safely join ISIS,” and reviewed websites related to ISIS recruitment practices, including one titled “How does a Westerner join ISIS? Is there a recruitment or application process?”  Augustine also posted numerous statements in support of ISIS and violent extremism, such as “the Islamic State is the true Islam,” “Muslims who leave the west . . . answer the call for the struggle, and march until they are victorious or martyred are the true believers,” and the ISIS caliphate “can’t be established and maintained except through the blood of the mujahideen who practice the true belief.” 

The defendant represented himself at trial and testified that he maintained his interest in supporting ISIS.  Augustine testified that ISIS videos of members executing Syrian captives and beheadings were “good” and “really cool.”  He admitted that one way he intended to provide material support to ISIS was to participate in ISIS propaganda videos, by providing the necessary English-language voice over.  When asked to confirm his testimony that he “would do it all again and would go back today,” Augustine responded, “No, tomorrow, when they let me off.” 

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States Attorneys Craig R. Heeren, Josh Hafetz, and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorney Justin Sher of the Counterterrorism Section of the Department of Justice.

The Defendant:

BERNARD RAYMOND AUGUSTINE
Age: 25
Keyes, California

E.D.N.Y. Docket No. 18-CR-383 (SJ)

STRAIN, Hanson, and Keen discussed ways to allow Hanson and Keen to maintain their employment and still profit from the Slidell work release program.  To conceal their scheme, STRAIN, Hanson, and Keen agreed to make Keen’s adult son (J.K.) and Hanson’s adult daughter (B.H.) owners of the Slidell work release program, with the understanding that J.K. and B.H. would funnel much of the profits to Hanson and Keen.    Hanson and Keen agreed to give regular payoffs to STRAIN and his selected family members from the funds they received.  This understanding was partly based on STRAIN having previously required Keen to kickback to STRAIN half of the money Keen earned from an earlier place of employment.

STRAIN, Hanson, and Keen agreed that they needed to find another individual to actually operate the Slidell work release program because J.K. and B.H. lacked the education, training, experience, and funding to do so.  They decided on Person 2, to whom Hanson presented a series of non-negotiable pre-conditions, including the following: J.K. and B.H. would each own forty-five (45) percent of the Slidell work release program and would each receive forty-five (45) percent of the profits, while Person 2 would only own ten (10) percent, receive ten (10) percent of the profits, and receive a salary.  Person 2 would be responsible operating the Slidell work release program and for providing the capital necessary to initiate the program.  On or about May 1, 2013, J.K., B.H., and Person 2 entered into an operating agreement that created St. Tammany Workforce Solutions, LLC, in which J.K. and B.H. each had a forty-five percent ownership interest and Person 2 had only a ten percent ownership interest.

On June 4, 2013, STRAIN entered into a cooperative endeavor agreement (“privatization agreement”) on behalf of STPSO with St. Tammany Workforce Solutions, LLC, a corporation designed to operate the Slidell work release program.  Thereafter, Person 2 was directed to make additional unnecessary financial expenditures.  For example, although J.K. and B.H. were merely straw owners who neither operated, oversaw, or administered the Slidell work release program, Person 2 was required to pay J.K. and B.H. salaries in addition to their ownership disbursements.  Person 2 was also directed to pay Person 3, who was an employee at STPSO and STRAIN’S relative, approximately $30,000 per year for a no-show job at the Slidell work release program.

During the time St. Tammany Workforce Solutions, LLC operated the Slidell work release program, from July 1, 2013, through July 1, 2016, J.K. and B.H. received not less than $1,384,000 from St. Tammany Workforce Solutions, LLC in the form of ownership disbursements, salary payments, and occasional lump sum miscellaneous payments.  J.K. received at least 148 payments totaling at over $676,000, while B.H. received at least 133 payments totaling over $708,000.  J.K. and B.H. converted the majority of the money they received from St. Tammany Workforce Solutions, LLC to cash, much of which they transferred to their fathers, Keen and Hanson.

Additionally, STRAIN, Hanson, and Keen understood that STRAIN and his family members would receive payoffs from Hanson and Keen in exchange for STRAIN’s conferring the right to operate the Slidell work release program on St. Tammany Workforce Solutions, LLC.  The bribes took multiple forms.  The ways Hanson and Keen funneled bribe money to STRAIN included giving STRAIN regular cash payments in amounts greater than $1,000 from the money they received from St. Tammany Workforce Solutions LLC, through B.H. and J.K.  Second, as part of the scheme, Hanson arranged for STRAIN’s relative, Person 1, to receive a check in the amount of $4,000.  Third, STRAIN received campaign money from Hanson and Keen with money from St. Tammany Workforce Solutions, LLC, including a $2,500 payment in November 2015.  Further, STRAIN’s relative received a no-show job from the Slidell work release program that effectively doubled his annual salary.

STRAIN, Hanson, Keen, and others attempted to conceal the scheme by, among other things, (a) hiding Hanson’s and Keen’s involvement in and benefit from the Slidell work release program, (b) excluding from the cooperative endeavor agreement the fact that STRAIN would receive cash bribes and other financial compensation in exchange for signing the cooperative endeavor agreement, and (c) providing most of the money to STRAIN in the form of cash.

“Mr. Strain broke the law and must now face the consequences for his actions, “stated U.S. Attorney Duane A. Evans.  “His crime was a breach of the public trust owed to the citizens of St. Tammany Parish.  Similarly, because the trust between our law enforcement agencies and the citizens they protect is precious, it is imperative that collectively, we assure the public of our unwavering commitment to identify and prosecute anyone who engages in public corruption.”

“The FBI is committed to aggressively pursuing those who violate the trust placed in them by the public and holding them accountable for their actions, even if they come from within the ranks of law enforcement. Today’s sentencing sends a clear message that individuals like Jack Strain will be held responsible and no one is above the law,” said Douglas A. Williams, Jr. Special Agent in Charge FBI New Orleans “We thank our partners at the U.S. Attorney’s Office Eastern District of Louisiana, Internal Revenue Service – Criminal Investigation Division, and the Metropolitan Crime Commission, for their collaborative efforts in holding our public servants accountable.”

“The sentence handed down today highlights the seriousness of former sheriff Jack Strain’s conduct,” said Special Agent in Charge James E. Dorsey, IRS Criminal Investigation, Atlanta Field Office.  “IRS-CI will remain vigilant in identifying and investigating public officials who seek to defraud the American taxpayers by failing to faithfully discharge the duties of their offices.”

U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division and thanks the Metropolitan Crime Commission for its assistance.  Assistant United States Attorneys Jordan Ginsberg, Chief of the Public Corruption Unit, Elizabeth Privitera, Chief of the Violent Crime Unit, J. Ryan McLaren, and Alexandra Giavotella, Asset Forfeiture Coordinator, were in charge of the prosecution.