Month: May 2022

Source: United States Department of Justice News

Assistant U. S. Attorney Oleksandra “Sasha” Johnson (619) 546-9769     

NEWS RELEASE SUMMARY – May 25, 2022

SAN DIEGO – Two more members of a nationwide “grandparent scam” network have pleaded guilty to conspiracy charges under the Racketeer Influenced and Corrupt Organizations Act known as RICO.

Joaquin Lopez of Hollywood, Florida, pleaded guilty in federal court today; Anajah Gifford of North Hollywood, California, pleaded guilty on May 5, 2022. They are the third and fourth of eight defendants to plead guilty; two are pending trial and two are fugitives.

According to court documents, the defendants were members and associates of a criminal enterprise that engaged in extortion and fraud to swindle more than $2 million from 70-plus elderly victims across the nation.  At least 10 elderly victims who resided in San Diego County lost over $300,000 to the fraud.  From approximately November 1, 2019, until October 14, 2020, the members of the criminal enterprise targeted elderly Americans, contacting them by phone and feeding them phony stories that their grandchildren were in legal trouble and needed money to pay for bail, pay medical expenses for car accident victims, or prevent additional charges from being filed. Members and associates obtained money from victims through in-person cash pick-ups, by mail or commercial carriers, or via wire transfers. Conspirators laundered the proceeds by transferring the funds or converting from fiat currency to cryptocurrency.

According to defendant Joaquin Lopez’s plea agreement, Lopez used bank accounts under his control to funnel victim proceeds for codefendant Tracy Knowles.  As part of the guilty plea, Lopez agreed to forfeit $62,700 in proceeds from the offense.  Lopez will also be subject to an order of restitution to the victims of the offense in the amount of at least $136,500.

According to defendant Anajah Gifford’s plea agreement, Gifford conducted cash pick-ups from victims under codefendant Timothy Ingram’s direction, and helped Ingram pay unlawful proceeds to codefendant Knowles. She also recruited others to obtain additional bank accounts to receive money transfers from victims. As part of her guilty plea, Gifford agreed to forfeit $52,750 in proceeds she personally received from the offense and pay at least $1,235,406.93 to the victims in restitution.

“These defendants were part of a sophisticated criminal organization that exploited the tremendous love a grandparent has for a grandchild,” said U.S. Attorney Randy Grossman. “The victims were financially and emotionally devastated by callous people who thought only of enriching themselves. Because of the diligence of our prosecution team and law enforcement partners, these defendants have been brought to justice.”

“The FBI is proud to work with our local, state, and federal partners on San Diego’s Elder Justice Task Force to protect our elderly population with cases such as this,” said FBI Special Agent in Charge Stacey Moy. “Our senior citizens deserve better than to be targeted by these criminal organizations and we are committed to pursuing them regardless of where they are located.”

This case was investigated by the San Diego Elder Justice Task Force, which is a collaboration between the U.S. Attorney’s Office, the FBI, the District Attorney’s Office and all San Diego County law enforcement agencies. The Elder Justice Task Force was established in February 2021 and is believed to be the first comprehensive law enforcement effort for this purpose anywhere in the country. The case was prosecuted by the U.S. Attorney’s Office and the Department of Justice’s Consumer Protection Branch.

DEFENDANTS                                             Case Number 21cr2216-CAB                                       

Tracy Adrine Knowles                                   30        Orlando, Florida

Fugitive                                                         

Adonis Alexis Butler Wong                           30        Northbay Village, Florida

Fugitive

Timothy Ingram, AKA Bleezy                       29        North Hollywood, California

In custody.  Sentencing set for July 29, 2022.                                                                                         

Anajah Gifford                                                23        North Hollywood, California

In custody.  Sentencing set for August 26, 2022.

Lyda Harris                                                     74        Laveen, Arizona

Released on bond. Pending trial.

Joaquin Lopez                                                 46        Hollywood, Florida

Released on bond. Sentencing set for August 19, 2022.

Jack Owuor                                                     25        Paramount, California                                           

Released on bond.  Sentencing set for July 15, 2022. 

Tracy Glinton                                                 35        Orlando, Florida

Released on bond. Pending trial.

SUMMARY OF CHARGES

Title 18, U.S.C., Sec. 1962(d) – Conspiracy to Conduct or Participate in an Enterprise

Through a Pattern of Racketeering Activity

Maximum penalty: Twenty years in prison and a fine of not more than the greater of twice the amount of gain or loss associated with the offense or $250,000

AGENCIES

Department of Justice’s Consumer Protection Branch

San Diego Elder Justice Task Force, which includes:

San Diego FBI

San Diego County District Attorney’s Office

San Diego Police Department

San Diego Sheriff’s Department

Carlsbad Police Department

Oceanside Police Department

Escondido Police Department

Chula Vista Police Department

El Cajon Police Department

La Mesa Police Department

National City Police Department

Coronado Police Department

Source: United States Department of Justice News

An El Salvador man was sentenced today to life in prison for murder in aid of racketeering and conspiracy to commit murder in aid of racketeering. 

Juan Carlos Sandoval-Rodriguez, aka Picaro, aka El Pastor, aka Gasper, 24, of El Salvador, was sentenced to life in federal prison for a racketeering conspiracy, racketeering, attempted murder, assault with a dangerous weapon, conspiracy to commit murder in aid or racketeering, as well as related violent crimes in aid of racketeering, including three murders, connected to his participation in La Mara Salvatrucha, a transnational criminal enterprise also known as MS-13.

On Oct. 31, 2019, after a nine-day trial, a federal jury convicted Sandoval-Rodriguez of murder in aid of racketeering, and conspiracy to commit murder in aid of racketeering, in connection with a murder that occurred on March 11, 2016.

On Jan. 24, 2022, a federal jury convicted Sandoval-Rodriguez of racketeering charges, along with co-defendants Jose Joya-Parada, aka Calmado, 21; Oscar Armando Sorto-Romero, aka Lobo, 23; and Milton Portillo-Rodriguez, aka Little Gangster, aka Seco, 26, after a three-month trial. Sandoval-Rodriguez, Portillo-Rodriguez, and Sorto-Romero were also convicted of multiple counts of murder in aid of racketeering. 

Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland. Sandoval-Rodriguez, Portillo-Rodriguez, and Joya-Parada were members of the Fulton Locos Salvatruchas (FLS) clique. Co-defendant Sorto-Romero was part of the Parque Vista Locos Salvatruchas (PVLS) clique. 

Evidence at both trials established that between 2015 and 2017, Sandoval-Rodriguez and his co-defendants engaged in a pattern of racketeering, drug trafficking, extortion, murder, and brutal acts of violence against suspected rivals of the gang in an effort to increase MS-13’s power in the Frederick County, Montgomery County, and Anne Arundel County areas of Maryland.

Evidence presented at the 2019 trial established that Sandoval-Rodriguez participated in the murder of a suspected rival gang member on March 11, 2016. During this murder, Sandoval-Rodriguez lured the victim to Quiet Waters Park in Annapolis, Maryland, with the intention of killing him. Surveillance video from a nearby laundromat captured Sandoval-Rodriguez and the victim walking toward Quiet Waters Park on the evening of the murder. Once the victim arrived at the park, members of the gang struck him in the head with a branch or stick, and the assailants, including Sandoval-Rodriguez, repeatedly stabbed the victim with a knife, killing him. 

While Sandoval-Rodriguez and other members of the gang committed the murder, other MS-13 members and associates stood watch outside the park to ensure no one entered or left the park, and to watch for police, so that the gang could complete the murder. Sandoval-Rodriguez cut his finger on the knife that he used to stab the victim. After the victim was killed, MS-13 members and associates buried him in a shallow grave inside the park, but Sandoval-Rodriguez did not bury the body because of the cut on his finger and fear that he would leave evidence at the scene. The body was not recovered until Aug. 28, 2017, when it was exhumed by law enforcement. After his arrest, Sandoval-Rodriguez’s writings about the murder as well as additional MS-13 paraphernalia was recovered among his personal belongings in jail. Sandoval-Rodriguez participated in the murder to raise his status in the gang and to assert the authority of MS-13 in Annapolis.

Trial evidence related to Sandoval-Rodriguez at his second trial focused on his participation in several murders, including that of a 17-year-old victim, who was believed to be a rival gang member. Specifically, the evidence showed that on March 31, 2017, the gang lured a 17-year-old from Annapolis to Wheaton Regional Park, where they stabbed him over 100 times, dismembered him, removed his heart, and buried him in a clandestine grave. Evidence was presented that Sandoval-Rodriguez and Portillo-Rodriguez lured the victim and, with other MS-13 members and associates, brought him from Annapolis to Wheaton Regional. Sandoval-Rodriguez, Portillo-Rodriguez, and Joya-Parada participated in the murder by stabbing, cutting, and dismembering the victim and Joya-Parada also helped to dig the victim’s grave. 

Trial evidence also demonstrated that Sandoval-Rodriguez participated in a murder that occurred on June 24, 2017. In that murder, the gang used a female associate to lure a 21-year-old woman into a car and then took her to a wooded area in Crownsville, where she was killed, her body was dismembered, and she was buried in a clandestine grave. Co-defendant Portillo-Rodriguez aided in the planning of the murder and helped lure the victim into a car. Sandoval-Rodriguez traveled to the wooded area earlier in the day to dig a hole for the victim’s grave. MS-13 members caused the victim to lose consciousness, removed her clothing, and decapitated the victim with a machete. Sandoval-Rodriguez and Portillo-Rodriguez participated in the murder by stabbing and slashing the victim’s body with a machete, dismembering the body, and burying the body in a wooded area. As a result of their participation in the murder, Sandoval-Rodriguez, Portillo-Rodriguez, and other gang members were promoted within MS-13.

More than 30 MS-13 gang members and associates have been convicted in these cases.

Co-defendants from Sandoval-Rodriguez’s first case, Marlon Cruz-Flores, 25, Fermin Gomez-Jimenez, 23, Moises Alexis Reyes-Canales, and Manuel Martinez-Aguilar, aka El Lunatic, aka Zomb, 22, all of Annapolis, previously pleaded guilty to racketeering conspiracy and a firearms offense. Both Gomez-Jimenez and Cruz-Flores were sentenced to 38 years in prison, Reyes-Canales was sentenced to 35 years in prison, and Martinez-Aguilar was sentenced to 24 years in prison.

On April 20, 2022, Joya-Parada was sentenced to 50 years in federal prison for a racketeering conspiracy, racketeering, and related violent crimes in aid of racketeering. Portillo-Rodriguez and Sorto-Romero were each sentenced to life in federal prison, for a racketeering conspiracy and for racketeering, as well as related violent crimes in aid of racketeering, including multiple murders. 

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Erek L. Barron for the District of Maryland; Special Agent in Charge Thomas J. Sobocinski of the FBI’s Baltimore Field Office; Acting Special Agent in Charge Selwyn Smith of Homeland Security Investigations (HSI), Baltimore Office; and Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division made the announcement.

The case was investigated by the FBI; HSI; ATF; Frederick Police Department; Frederick County Sheriff’s Office; Anne Arundel, Montgomery, and Prince George’s County Police Departments; and Anne Arundel, Frederick, Montgomery, and Prince George’s County State’s Attorneys, with valuable assistance provided by the Baltimore County Police Department.

Assistant U.S. Attorney Zachary Stendig for the District of Maryland and Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section prosecuted the first trial. Assistant U.S. Attorneys Kenneth S. Clark, Zachary Stendig, and Anatoly Smolkin for the District of Maryland prosecuted the second trial.

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. HSI and the FBI both have nationwide tip lines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.

Source: United States Department of Justice News

A federal judge in Wilmington, North Carolina, sentenced Jesse James Freeman, 48, of Franklinville, North Carolina, to 18 months in prison and three years of post-release supervision. Freeman will also have to pay a $25,000 fine to the Lacey Act Reward Fund. The judge prohibited Freeman from owning wild-caught wildlife and any wildlife without documentation of origin during the supervisory period. Freeman pleaded guilty on Sept. 30, 2020, to trafficking turtles in violation of the Lacey Act.

In pleading guilty, Freeman admitted that between January 2017 and September 2018, he supplied turtles to middlemen throughout the country so they could smuggle them to Asia. He collected the turtles himself and hired poachers to illegally obtain them throughout North Carolina. Freeman trafficked at least 722 eastern box turtles, 122 spotted turtles and three wood turtles. Freeman personally received at least $121,000 in payment for those turtles. The market value in Asia for those turtles exceeded $1.5 million.

Freeman possessed and sold the turtles in violation of North Carolina laws. The federal Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, transporting wildlife in interstate commerce if the wildlife were illegally taken under state laws.

The eastern box turtle (Terrapene carolina carolina) is the North Carolina state reptile and endemic to forested regions of the East Coast and Midwest. The spotted turtle (Clemmys guttata) and wood turtle (Glyptemys insculpta) are semi-aquatic turtles native to the eastern United States and Great Lakes region. Poaching can have devastating impacts on all three turtle species given the low survival rate of hatchlings and the time it takes to reach sexual maturity. Collectors prize these species in the domestic and foreign pet trade market, where they are resold for thousands of dollars.

All three turtle species are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES provides a mechanism for regulating international trade in species whose survival is considered threatened by trade. The turtles are listed in Appendix II of CITES, which includes wildlife, fish and plant species that are not presently threatened with extinction but may become so if their trade is not regulated. The United States and approximately 183 other nations are signatories to the CITES treaty.

“The Department of Justice is committed to protecting our native species from international trafficking,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s sentence is the latest example that there are severe consequences to those who violate the Lacey Act by exploiting turtles.”

“The U.S. Fish and Wildlife Service, Office of Law Enforcement, considers the illegal collection and commercialization of native reptiles to include eastern box turtles a high priority, and we will continue to work closely with our state partners and the Department of Justice to investigate and prosecute these important cases,” said Assistant Director Edward Grace of the U.S Fish and Wildlife Service’s (USFWS) Office of Law Enforcement.

The USFWS Office of Law Enforcement in Raleigh conducted the investigation with assistance from the North Carolina Wildlife Resource Commission. The operation was a part of ongoing efforts to combat the trafficking of turtles and tortoises native to the United States. The government is represented by Trial Attorneys Banu Rangarajan and Ryan Connors of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Toby Lathan for the Eastern District of North Carolina.

Source: United States Department of Justice News

The Department of Justice, together with the Federal Trade Commission (FTC), announced a settlement that, if approved by a federal court, will require Twitter Inc. to pay $150 million in civil penalties and implement robust compliance measures to protect users’ data privacy. The settlement will resolve allegations that Twitter violated the FTC Act and an administrative order issued by the FTC in March 2011 by misrepresenting how it would make use of users’ nonpublic contact information. 

In a complaint filed today in the U.S. District Court for the Northern District of California, the government alleges that Twitter violated the FTC Act and the 2011 order by deceiving users about the extent to which Twitter maintained and protected the security and privacy of users’ nonpublic contact information. Specifically, the complaint alleges that, from May 2013 to September 2019, Twitter told its users that it was collecting their telephone numbers and email addresses for account-security purposes, but failed to disclose that it also would use that information to help companies send targeted advertisements to consumers. The complaint further alleges that Twitter falsely claimed to comply with the European Union-U.S. and Swiss-U.S. Privacy Shield Frameworks, which prohibit companies from processing user information in ways that are not compatible with the purposes authorized by the users. 

“The Department of Justice is committed to protecting the privacy of consumers’ sensitive data,” said Associate Attorney General Vanita Gupta. “The $150 million penalty reflects the seriousness of the allegations against Twitter, and the substantial new compliance measures to be imposed as a result of today’s proposed settlement will help prevent further misleading tactics that threaten users’ privacy.” 

“As the complaint notes, Twitter obtained data from users on the pretext of harnessing it for security purposes but then ended up also using the data to target users with ads,” said FTC Chair Lina M. Khan. “This practice affected more than 140 million Twitter users, while boosting Twitter’s primary source of revenue.”

“Consumers who share their private information have a right to know if that information is being used to help advertisers target customers,” said U.S. Attorney Stephanie M. Hinds for the Northern District of California. “Social media companies that are not honest with consumers about how their personal information is being used will be held accountable.”

Twitter has agreed to settle the government’s allegations by paying a $150 million civil penalty and implementing significant new compliance measures intended to ensure that Twitter improves its data privacy practices. For instance, Twitter will be required to develop and maintain a comprehensive privacy and information-security program, conduct a privacy review with a written report prior to implementing any new product or service that collects users’ private information, and conduct regular testing of its data privacy safeguards. Twitter also will be required to obtain regular assessments of its data privacy program from an independent assessor, provide annual certifications of compliance from a senior officer, provide reports after any data privacy incidents affecting 250 or more users, and comply with numerous other reporting and record-keeping requirements. The settlement also will require Twitter to notify all U.S. customers who joined Twitter before Sept. 17, 2019, about the settlement and to provide users with options for protecting their privacy and security. Under the settlement terms, the Department of Justice and FTC will each have responsibility for monitoring and enforcing Twitter’s compliance.

This matter is being handled by attorneys in the Civil Division’s Consumer Protection Branch, including Director Gustav W. Eyler, Assistant Director Lisa K. Hsiao and Trial Attorneys Zachary Cowan and Deborah Sohn; Assistant U.S. Attorney Emmet Ong of the U.S. Attorney’s Office for the Northern District of California; James Kohm, Reenah Kim and Laura Koss from the FTC’s Division of Enforcement; and Andrea Arias of the FTC’s Division of Privacy and Identity Protection.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.