Month: May 2022

Source: United States Department of Justice News

ALBUQUERQUE, N.M. – Diane Mariani, 66, of Taos, New Mexico, pleaded guilty on May 18 in federal court to willful failure to collect or pay over tax. Mariani will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, until 2015, Mariani was co-owner, operator and treasurer of Taos RPM LLC, and beginning in 2015 Mariani, was co-owner, operator, and treasurer of Mountain Resort Management, Inc., in Taos, New Mexico. Mountain Resort Management did business as Snakedance Condominiums, Bumps Market and Hondo Restaurant. Mariani was responsible for paying employees of Snakedance Condominiums and Mountain Resort Management and acknowledged in her plea that she knew she had a duty to withhold federal income taxes, Social Security taxes, and Medicare taxes – collectively referred to as “trust fund taxes” – from employee paychecks. She also knew that she had a duty to report those taxes on a quarterly basis and to deposit those taxes on a regular basis.

From the first quarter of 2015 through the fourth quarter of 2018, Mariani withheld at least $203,137 in trust fund taxes from the employees she paid. Mariani admitted that she willfully failed to pay those taxes to the IRS.

Mariani faces up to five years in prison.

IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.

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Source: United States Department of Justice News

OKLAHOMA CITY – OSHAY JONES, 30, of Virginia, was indicted earlier this week by a federal grand jury in Oklahoma City with possession of buprenorphine (Suboxone) with intent to distribute, while an inmate in the custody of the Federal Bureau of Prisons, announced U.S. Attorney Robert J. Troester of the Western District of Oklahoma.

On May 17, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count indictment against Jones.  The indictment alleges that on April 14, 2022, Jones, an inmate at the Federal Transfer Center in Oklahoma City, knowingly possessed buprenorphine (Suboxone) with the intent to distribute.  Count 1 charges Jones with possession of a prohibited object (Suboxone), and Count 2 charges Jones with possessing buprenorphine (Suboxone) with intent to distribute. 

If convicted on Count 1, Jones faces up to five years in prison and three years of supervised release.  If convicted on Count 2, Jones faces up to ten years in prison and three years of supervised release.

The case is being investigated by the Federal Bureau of Investigation’s Oklahoma City Field Office and the Federal Bureau of Prisons.  Assistant U.S. Attorney Ashley Altshuler is prosecuting the case.

The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.  Reference is made to public records for more information.

Source: United States Department of Justice News

CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell sentenced Edward Clyde Ledford, 57, of Lenoir, N.C., a federal firearms licensee (FFL) doing business as Whitnel Outdoorsman and Pawn, for knowingly selling a firearm to a prohibited person, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

Brian Mein, Acting Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, joins U.S. Attorney King in making today’s announcement.

“When a federal firearms dealer sells a gun to a prohibited person, that’s one more illegal firearm in our streets that can be used to commit a crime,” said U.S. Attorney King. “As we continue to intensify our efforts to reduce the risk of guns falling into the wrong hands, we must hold accountable gun sellers who put gain before the safety of our community.”

“Keeping firearms out of the hands of prohibited individuals is the absolute first step towards preventing violent gun crime,” said Acting Special Agent in Charge Mein. “While the vast majority of our licensed firearms dealers are respectful of the laws in place, those that choose to violate those laws and jeopardize public safety will face the consequences.”

According to information contained in court documents and court proceedings, on April 15, 2019, an individual who was prohibited from possessing a firearm entered the Whitnel Outdoorsman and Pawn in Lenoir. Court records show that the individual told a store employee that he was interested in purchasing a firearm but would not pass the background check due to prior felonies on his record. The store employee advised the prohibited individual to “bring a buddy back” to fill out the paperwork.

Court documents state that a few days later, on April 18, 2019, the prohibited individual returned to the store with an undercover ATF agent posing as a friend. This time, the prohibited individual spoke with Ledford and again explained that he wanted to purchase a firearm but could not pass the background check. The prohibited individual also told Ledford that, at the suggestion of a store employee, he had brought someone who could pass the background check, and essentially be the straw buyer for the firearm. Ledford did not object, and, over the course of their exchange, the prohibited individual pointed to the semiautomatic shotgun he wanted to purchase. Ledford handed him the firearm and the prohibited individual paid Ledford in cash for the shotgun. Ledford also gave the undercover agent the ATF Form 4473 to fill out for the background check. Once the form was processed and the sale was completed the prohibited individual took possession of the firearm in the presence of Ledford.

Ledford was sentenced to two years of probation and five months of home detention, after pleading guilty to selling a firearm to a prohibited person on November 30, 2021.

U.S. Attorney King credited the ATF for the investigation of this case.

Assistant United States Attorney Alfredo De La Rosa of the U.S. Attorney’s Office in Charlotte handled the prosecution for the government.

Source: United States Department of Justice News

During a two-day conference this week, the Tribal Nations Leadership Council (TNLC) met virtually with senior Justice Department officials, covering a range of issues, challenges and opportunities for American Indian and Alaska Native Tribes. 

Yesterday, the TNLC met with Attorney General Merrick. B. Garland and Deputy Attorney General Lisa O. Monaco. The Office of Tribal Justice and the Executive Office for U.S. Attorneys (EOUSA) discussed with the TNLC the implementation of guidelines under Savanna’s Act and Tribal Community Response Plans developed in response to the crisis of Missing and Murdered Indigenous People. The TNLC also discussed the impact of the expansion of Tribal jurisdiction under the recently reauthorized Violence Against Women Act.

On Tuesday, May 17, the TNLC met with the Office of Justice Programs (OJP), the Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW), about the department’s grant opportunities to enhance public safety in Tribal communities, and with the Office for Victims of Crime and EOUSA on efforts to assist crime victims and address violence. 

The TNLC is composed of Tribal leaders representing American Indian Tribes and Alaska Native villages from regions around the country. This meeting, the first in more than four years, was announced in January by the Attorney General in remarks to the National Congress of American Indians. The Council is comprised of elected Tribal officials, nominated by their peers to represent their region.

Established by charter in 2010, the TNLC is charged with providing perspective on emergent and ongoing issues across Indian country as well as providing feedback on Justice Department activities in support of Tribes in each region. In addition to establishing a mechanism for regular insight and accountability, the structure of the group honors the government-to-government relationship with Tribes. 

Source: United States Department of Justice News

Yakama, WA – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that a federal Grand Jury has returned numerous indictments charging multiple individuals with various federal crimes arising in the Yakima area, including on the Yakama Nation Indian Reservation.

Over the past several years, the Federal Bureau of Investigation (FBI) has dedicated increased resources to addressing violent crime in Yakima County, including on the Yakama Nation. In the past six months, the FBI’s office in Yakima has brought on a number of additional special agents dedicated to investigating violent crime. In addition, the FBI is leading a joint task force, which includes Customs and Border Protection, Homeland Security Investigations, the Washington State Department of Corrections, and the Yakima County Sheriff’s Office. The purpose of the FBI Task Force is to disrupt gang activity, weapons trafficking, narcotics distribution, and to eradicate violent crime in Eastern Washington.

Seven of the indictments announced today charge the following individuals with multiple violations of federal law:

• Marcelo Anthony Benson, age 25, of Wapato, Washington, an enrolled member of the Yakama Nation. In State prison on unrelated charges. Currently charged with felon in possession of a firearm.

• Dennis William Chapman, age 62, of Toppenish, Washington. Arrested on May 17, 2022, and charged with two counts of distribution of 50 grams or more of methamphetamine.

• Joseph Wade Clark, age 45, of Yakima, Washington. In custody at the Yakima County jail on unrelated charges. Charged with two counts of distribution of 50 grams or more of methamphetamine.

• Nicholas Medelez, age 33, of Yakima, Washington. Arrested on May 17, 2022, and charged with three counts of distributing methamphetamine.

• Sergio Hernan Mendoza, age 47, of Sunnyside, Washington. Arrested on May 17, 2022, and charged with two counts of distributing 50 grams or more of methamphetamine.

• Tiare Aqua Leilani Miller, age 34, of Toppenish, Washington. Arrested on May 17, 2022, and charged with conspiracy to distribute methamphetamine.

• Raymond Holt, age 75, of Wapato, Washington. Arrested on May 18, 2022, and charged with abusive sexual contact of an enrolled member of the Yakama Nation.

Additional fugitives are currently being sought by the FBI Task Force. More information will be provided upon their arrest.

U.S. Attorney Waldref commended the FBI Task Force for its dedication to combating drug distribution and pursuing violent offenders in the Yakima area, including on the Yakama Nation. “The opioid epidemic devastating our region is closely linked with an increase in violent crime. The uptick in violence has hit Native American communities especially hard,” she explained. “Native Americans experience some of the highest rates of violence in our country. The FBI Task Force – which focuses its efforts to protect our community from drug trafficking, gang members, violent offenders, and felons who possess firearms – reflects the United States’ commitment to addressing the causes and symptoms of the increased violence in Native American communities and elsewhere.”

“These arrests demonstrate how critical it is for law enforcement to work together,” U.S. Attorney Waldref continued. “By combining the resources of federal, state, tribal and local law enforcement through focused investigation and prosecution, we are able to do more to make communities in Eastern Washington safe and strong. The indictments announced today send a clear message that our community will not tolerate drug trafficking and violence.”

“The public has been demanding a place to live and work where our citizens feel safe,” said Donald M. Voiret, Special Agent in Charge of the FBI Seattle Field Office. “The actions taken today by the FBI and our law enforcement partners demonstrate that we hear you, and we are working to provide our communities with the protection you deserve.”

Yakima County Sherriff Robert Udell stated, “The latest round of FBI Task Force arrests is a fantastic example of the FBI’s commitment to public safety in Yakima County. The FBI and the Yakima County Sherriff’s Office enjoy a strong partnership, which is committed to removing violent criminals from our communities. I believe the FBI Task Force, coupled with local partners, is a significant step towards ensuring our citizens’ safety.”

“With violent crime on the rise across the country, law enforcement must come together to combat the root causes of this violence more so than ever,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “Today’s arrests demonstrate HSI’s commitment to our daily quest to keep the Pacific Northwest secure by pursuing those who blatantly disregard the health and safety of the community we live in.”

Lloyd Easterling, Chief Patrol Agent for U.S. Customs and Border Protection, Spokane Sector, emphasized his agency’s commitment to keeping the communities of Eastern Washington safe: “The U.S. Border Patrol remains committed to working together with our partners to identify, arrest and remove violent offenders from our communities.”

As noted above, the cases announced today are being investigated by a Joint FBI Task Force, which includes the Federal Bureau of Investigation, Customs and Border Protection, Homeland Security Investigations, the Washington State Department of Corrections, and the Yakima County Sheriff’s Office. The cases are being prosecuted by Matthew Stone, Michael Murphy, and Tom Hanlon, Assistant United States Attorneys for the Eastern District of Washington.

An indictment is merely an allegation. All Defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.