Month: May 2022

Source: United States Department of Justice News

ROANOKE, Va. HEYtex USA, located in Pulaski, Virginia, has agreed to pay $3 million to resolve allegations that it violated the False Claims Act between January 1, 2013, and December 31, 2018 when it knowingly sold fabrics to the United States military that failed to meet certain required specifications. HEYtex has also entered into an agreement with the Defense Logistics Agency (DLA) to ensure that HEYtex remains in compliance with testing requirements going forward.

HEYtex USA is a worldwide manufacturer of various technical textiles and materials, and its North American headquarters in Southwest Virginia specializes in fabrics and materials produced for the United States military.

In the settlement, the United States alleged HEYtex caused false claims to be submitted in connection with fabrics manufactured for military and personal equipment. Specifically, an employee of HEYtex USA, who later came forward as a whistleblower, brought information regarding falsified test results to the attention of former company management, but the whistleblower was initially ignored. 

The employee alleged that on over 100 separate occasions, HEYtex falsely certified that its military-grade fabrics met all requisite performance specifications set by the military when, in fact, the fabrics failed those tests.

“We applaud the courageous efforts of whistleblowers, who put their livelihood on the line to do what is right. Whistleblowers are essential to combatting fraud against the government and we aggressively investigate all such allegations,” United States Attorney Chris Kavanaugh said today. “We commend our citizen partners and encourage all who know, or have reason to know, of fraud against the government to come forward and report it.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against HEYtex USA. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the settlement if the government takes over the case and reaches a monetary agreement with the defendant. The qui tam case is captioned U.S. ex rel. Altizer v. Heytex USA, Inc., Civil Action No. 7:20-cv-00170 (W.D.Va.). 

The resolutions obtained in this matter were the result of a coordinated effort among the United States Attorney’s Office for the Western District of Virginia, the Defense Criminal Investigative Service (DCIS), and the United States Army Criminal Investigations Division (Army CID).

Assistant U.S. Attorney Justin Lugar and the Affirmative Civil Enforcement team for the Western District of Virginia investigated the matter in conjunction with Special Agent in Charge, Christopher W. Dillard of the Department of Defense, Office of Inspector General, DCIS, and Army CID Special Agent Joshua T. Kimrey.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Source: United States Department of Justice News

The Office of the United States Attorney for the District of Vermont stated that Serhat Gumrukcu, 39, of Los Angeles, California, and Berk Eratay, 35, of Las Vegas, Nevada, were arrested yesterday after having been charged by a federal grand jury in Vermont with conspiring to use interstate commerce facilities in the commission of murder-for-hire which resulted in the death of Gregory Davis, a resident of Danville, Vermont. 

Gumrukcu is expected to appear later today in the United States District Court for the Central District of California.  Eratay is expected to appear later today in the United States District Court for the District of Nevada.

According to court records, Jerry Banks, 34, of Fort Garland, Colorado was previously arrested after having been charged with kidnapping Gregory Davis from his Danville home on January 6, 2018.  On January 7, 2018, Davis was found dead in a snowbank several miles from his residence.  Although Banks is not charged with Davis’s murder, the government has alleged that Banks murdered Davis.  Also, Aron Lee Ethridge, 41, of Henderson, Nevada has been arrested on charges of conspiring to kidnap Davis, and Ethridge is alleged to have communicated with Banks before and after the kidnapping and murder.

The indictment charging Gumrukcu and Eratay contains accusations only, and the defendants are presumed innocent until and unless proven guilty.  If convicted, Gumrukcu and Eratay face mandatory life in prison or the death penalty.  

The prosecutors are Assistant United States Attorneys Paul Van de Graaf and Jonathan Ophardt.  Counsel for Gumrukcu and Eratay have not yet been appointed or entered formal appearances.

U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Vermont State Police in their collaborative investigation of Gumrukcu and Eratay. 

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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. https://www.justice.gov/psn

Source: United States Department of Justice News

BIRMINGHAM, Ala. – On National Missing Children’s Day, U.S. Attorney Prim Escalona and Federal Bureau of Investigation Special Agent in Charge ­Johnnie Sharp, Jr. share tips on how to keep children safe both in the online and offline worlds. President Ronald Reagan proclaimed May 25, 1983, the first National Missing Children’s Day in memory of Etan Patz, a 6-year-old boy who disappeared from a New York City street corner on May 25, 1979. National Missing Children’s Day is dedicated to encouraging parents, guardians, caregivers, and others concerned with the well-being of children to make child safety a priority.

“As a parent of young children, I am concerned about providing a safe environment for children.  As the U.S. Attorney, I also realize that there are predators who work overtime to take advantage of children’s vulnerabilities,” U.S. Attorney Escalona said. “The U.S. Attorney’s Office will do our part to prosecute those who victimize our children, and we urge parents and caregivers to do their part through education and awareness.”

“It’s an unfortunate reality that every year, thousands of children become victims of crime, whether through kidnappings, violent attacks, sexual abuse, or online predators,” SAC Sharp said. “While I want to encourage parents to stay vigilant in protecting their children, the citizens of North Alabama can rest assured knowing that the FBI and our law enforcement partners will continue to aggressively pursue those who would take advantage of our most vulnerable population.”

As the school year draws to a close, many parents are planning for their children’s summer activities. Whether a child is spending the summer at home with parents, or away from home at a summer program, the following safety tips will help ensure that children are being cared for under the watchful eyes of trusted and vetted adults.

• Know your childcare providers. Choose babysitters, nannies, and tutors with care. Obtain references from family, friends, and neighbors. Observe the interaction with your children and ask your children how they feel about your childcare provider. Do background screening and reference checks. 
• Check out camps and summer programs before enrolling your children. Ask if a background screening check is completed on the individuals working with the children. Talk to your children about safety and encourage them to tell you or another trusted adult if anyone or anything makes them feel sad, scared, or confused. Teach them it is okay to tell you what happened, and they will not be “tattletales” for telling.

Another thing to be mindful of is online safety.  During the summer, children will have an increased online presence. The following safety tips will help educate parents and prevent children from becoming victims of child predators and sexual exploitation.

The most important advice for parents is to have open and ongoing conversations about safe and appropriate online behavior. Other advice to consider:

• Educate yourself about the websites, software, games, and apps that your children use.
• Check their social media and gaming profiles and posts. Make sure they use privacy settings to restrict access to their online profiles.
• Monitor your children’s use of the Internet; keep electronic devices in an open, common room of the house.
• Explain to your kids that once images or comments are posted online, they can be shared with anyone and never truly disappear.
• Make sure children know that anyone who asks a child to engage in sexually explicit activity online should be reported to a parent, guardian, or other trusted adult and law enforcement.
• Make it a rule with your kids that they can’t arrange to meet up with someone they met online without your knowledge and supervision.
• The FBI has seen a huge increase in the number of cases involving children and teens being threatened and coerced by adults into sending explicit images online—a crime called sextortion. For more information visit https://www.fbi.gov/scams-and-safety/common-scams-and-crimes/sextortion.

Child Exploitation is a serious federal crime, carrying severe federal penalties. Some cases carry a maximum sentence of life in prison. The U.S. Attorney’s Office has prosecuted and continues to prosecute child exploitation cases in the Northern District of Alabama.

To help in child abduction recoveries, the FBI has developed the Child ID app, which provides an effective way for parents and guardians to keep their child’s pictures and information on hand in case he or she goes missing. The app also includes safety tips for parents to help keep their kids out of harm’s way. The app is free, and, in the event a child goes missing, parents and guardians can quickly e-mail the photos and information to authorities. No information about you or your child will be collected or stored by the FBI. To download the Child ID app, go to iTunes Apps Store on your iPhone or Play Store on your Android phone.

For more information on the FBI’s guidance on child exploitation and protecting your kids visit https://www.fbi.gov/scams-and-safety/protecting-your-kids.

If you suspect or become aware of possible sexual exploitation of a child, please contact law enforcement. To alert the FBI Birmingham Office, call 205-326-6166. Reports can also be filed with the National Center for Missing & Exploited Children (NCMEC) or online at www.cybertipline.org.

Source: United States Department of Justice News

            CONCORD – Zachary McInerney-Jones, 26, of Manchester, pleaded guilty on Monday in federal court to drug trafficking and firearm charges, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, on April 7, 2021, police investigating a potential shooting in Manchester were requested to stop a vehicle associated with McInerney-Jones.  After locating and stopping the vehicle the next morning, the vehicle was towed to the Manchester police station to be searched pursuant to a warrant.  During the search, officers located a pay stub and other documents associated with McInerney-Jones, as well as two handguns and ammunition.  Officers also found evidence of drug trafficking, including fentanyl, marijuana, and $1,494.66 in cash. 

            McInerney-Jones is scheduled to be sentenced on August 29, 2022.

            “Armed drug dealers present a serious threat to public safety,” said U.S. Attorney Young.  “As part of our effort to protect the community from violent crime, we are working closely with the Manchester Police Department to identify and prosecute drug dealers who possess guns in the Queen City.”

            “Guns and illegal drugs are a bad combination that has often led to violence in our city,” said Manchester Police Chief Allen Aldenberg. “I am grateful for the diligent investigation that was completed by the Manchester Police Detectives which culminated in the arrest of the defendant.”

            This matter was investigated by the Manchester Police Department.  The case is being prosecuted by Assistant U.S. Attorney Joachim H. Barth.

            This case is part of Operation Synthetic Opioid Surge (S.O.S.).  In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts.  The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids.   In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua. 

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Source: United States Department of Justice News

PITTSBURGH – A former resident of Cuyahoga Falls, Ohio, has pleaded guilty in Pittsburgh yesterday to a charge of interstate stalking and harassment, United States Attorney Cindy K. Chung announced today. Sentencing occurred at the same time as the plea.

In connection with the plea and sentencing, the Court was informed that Dev Rimal, age 24, stalked and harassed his victim, including by travelling from Ohio to Pittsburgh to force the victim into his car. The victim jumped from the moving vehicle. Rimal, while subject to a Pennsylvania Protection from Abuse Order (PFA), also used social media accounts to threaten to kill and harm the victim and her family and friends.

United States District Judge Stephanie Haines sentenced Rimal to 30 months’ imprisonment and 36 months of supervised release, with the firstsix months to be served on home incarceration with electronic monitoring. .

Assistant United States Attorney Nicole Vasquez Schmitt prosecuted this case on behalf of the government.

The Federal Bureau of Investigation and the Whitehall Borough Police Department conducted the investigation leading to the charge against Rimal.