Month: May 2022

Source: United States Department of Justice 2

A former Detention Deputy with the Marion County Sheriff’s Office in Indianapolis, Indiana, was sentenced today in federal district court for assaulting an inmate. Jorge Alberto Mateos, 26, of Noblesville, Indiana, was sentenced by Chief Judge Tanya Walton Pratt to 18 months in federal prison, one year of supervised release and an $1,000 fine. Mateos previously pleaded guilty to a felony civil rights offense for his unreasonable use of force against an inmate in his care.

Assistant Attorney General Kristen Clarke for the Department of Justice’s Civil Rights Division, U.S. Attorney Zachary A. Myers of the Southern District of Indiana and FBI Indianapolis Special Agent in Charge Herbert J. Stapleton made the announcement.

According to court documents and statements made at the sentencing hearing, on the evening of Sept. 9, 2021, Mateos was on duty as a Detention Deputy at the Marion County Jail. During the shift, deputies ordered an inmate at the facility to remove his jail-issued shoes. The inmate kicked off his shoes and sat in the corner of his cell. In response, Mateos entered the cell and told the inmate something to the effect of, “When a deputy tells you to do something, you need to do it.” Mateos then struck the inmate in the face multiple times, during which time the inmate did not try to resist or fight back. Mateos continued to strike the inmate after he fell to the ground. According to court documents, other detention deputies attempted to deescalate the situation, separated the inmate and Mateos, and placed the inmate in handcuffs. After the inmate was handcuffed, Mateos struck the inmate several additional times. As a result, the inmate sustained bodily injuries.  

“Former Deputy Mateos abused his authority as a law enforcement officer and betrayed the public’s trust when he violently assaulted an inmate in his custody,” said Assistant Attorney General Kristen Clarke. “Law enforcement officials who commit violent assaults inside our jails and prisons are not above the law, and we will continue to vigorously prosecute those who commit civil rights violations.”

“Law enforcement officers who violate their oaths and choose to assault persons in their custody will be held accountable,” said U.S. Attorney Zachary A. Myers. “Former Deputy Mateos chose to repeatedly attack an inmate who offered no resistance, an assault that continued even after the inmate was handcuffed. These crimes dishonor our profession and erode trust in the honorable law enforcement officers who risk their lives to keep the community safe. Abuses of the public trust are a special category of wrongs to be righted, and the sentence imposed today demonstrates that this office, the Department of Justice and our law enforcement partners will prioritize holding these offenders accountable.”

“There is no acceptable level of abuse of power,” said Special Agent in Charge Herbert J. Stapleton. “The vast majority of law enforcement officers are professional, well-trained and honor the oath they took to protect and serve the community. The FBI and our law enforcement partners will continue to hold accountable those who violate that oath and the civil rights of those they are sworn to protect.”

This case was investigated by the FBI, with assistance from the Marion County Sheriff’s Office. Assistant U.S. Attorneys Bradley P. Shepard and Kelsey L. Massa of the Southern District of Indiana, and Trial Attorney Katherine G. DeVar for the Civil Rights Division prosecuted the case.  

Source: United States Department of Justice News

Five defendants who threatened or harmed witnesses in attempts to thwart a federal investigation into the kidnapping and killing of a Joplin woman have pleaded guilty in federal court, announced U.S. Attorney Clint Johnson.

The body of Jolene Walker Campbell, an Osage Nation citizen, was discovered on July 15, 2020, in a remote field in Mayes County within the boundaries of the Muscogee Nation reservation. Federal prosecutors allege the kidnapping resulting in the death of Ms. Walker Campbell occurred in Joplin, Missouri, and happened sometime between July 4 and July 5, 2020.

On July 20, 2021, a total of 11 defendants from the Joplin, Missouri, area were charged in a third superseding indictment, for their various roles related to the kidnapping resulting in death conspiracy.

Within the last month, Morgan Lee Bowman, 26; Megan Louise Detherage, 28; Sarah Michelle Humbard, 25; David William Morris, 34; and Chloe Louise Stith, 21, each pleaded guilty to acts related to witness tampering.

“The U.S. Attorney’s Office will hold accountable individuals who threaten or commit acts of violence against witnesses in an attempt to obstruct the federal criminal justice process,” said U.S. Attorney Clint Johnson. “Together, my office and our partners at the FBI will uphold our federal trust responsibility in Indian Country and work to ensure justice prevails for victim Jolene Walker Campbell and the witnesses harmed in this case.”

On May 9, 2022, Bowman, pleaded guilty to tampering with a witness, victim, and informant by using and threatening physical force (Count 7). Bowman admitted that on July 7, 2020, she and Megan Louise Detherage and Lane Ryan Bronson bound, blindfolded and kidnapped two witnesses from a Joplin home and drove them to a remote location in Seneca, Missouri, occupied by Tre Robert Allen Ackerson and Breanna Sloan. She stated that while at that location, Ackerson used a semi-automatic rifle to repeatedly shoot at one of the witnesses and told the witness to “dance.” The second witness, who was still bound and blindfolded, was forced to listen. Bowman stated that after the shooting, she, Sloan and Detherage took the witnesses personal belongings and wiped down the car used in the kidnapping with bleach with the intention of destroying DNA and fingerprint evidence. Bowman said at the time of the crime, she understood that a federal proceeding was likely to evolve in the kidnapping and killing of Ms. Walker Campbell and that they threatened the witnesses with the intent to prevent communication with law enforcement about the crimes.

Detherage pleaded guilty on May 10, 2022, to misprision of a felony. Detherage admitted that she failed to inform law enforcement about her participation in a kidnapping for the purpose of intimidating witnesses of a drug trafficking offense. On July 7, 2020, she, Bronson, Bowman, and two witnesses were present at a house in Joplin. She stated that Bronson had asked one of the witnesses to hold a quantity of methamphetamine while Bronson was away and that Bronson later accused the individual of stealing some of the drug. She stated that at Bronson’s direction, she and Bowman blindfolded the two witnesses and they drove the witnesses to a trailer in Seneca, Missouri, where Ackerson and Sloan were located. She stated that Ackerson and Bronson left with one of the witnesses, then returned and parked behind the trailer. She, Sloan and Bowman then wiped down the car used in the kidnapping with bleach at the direction of Bronson. During that time, she claimed that she heard gunshots fired in the direction of where Ackerson and one of the witnesses were located, causing the second witness to become fearful. She stated the only firearm she saw during the kidnapping was a short-barreled rifle carried by Ackerson.

Humbard and Morris each pleaded guilty to tampering with a witness, victim, and informant by using the threat of physical force (Count 11). Humbard and Morris admitted that they threatened a witness by reminding the witness of the killing of Ms. Walker Campbell and that the witness was “playing with fire.” The two further admitted to luring the witness to drive to the Precious Moments Hotel in Carthage, Missouri, where they met Bronson. Bronson allegedly demanded the witness change testimony regarding codefendant Ackerson, and if not, the witness would pay for it. Humbard pleaded guilty on April 21, 2022, and Morris pleaded guilty May 13, 2022.

Stith pleaded guilty to tampering with a witness, victim, and informant by using and threatening physical force (Count 12). Stith admitted at a May 5, 2022, plea hearing that she helped another person in a separate incident in the use of force against two other witnesses with the intention of keeping them from communicating with federal law enforcement about the kidnapping and killing of Ms. Walker Campbell. She admitted to covering the two witnesses’ eyes with duct tape and driving the witnesses against their will to a remote location where one witness was physically assaulted by the other person who had accompanied Stith. The incident occurred on Aug. 13, 2020.

Bowman, Detherage, Humbard, Morris and Stith have now been convicted. All other defendants charged in the indictment are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The FBI, Muscogee Nation Lighthorse Police Department, Mayes County Sheriff’s Office, and Joplin Police Department conducted the investigation. Assistant U.S. Attorneys Justin G. Bish and George Jiang are prosecuting the case. 

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant ELLIOT SMERLING was sentenced to 97 months in prison for a multi-year bank and securities fraud scheme that caused the issuance of approximately $133 million in collateralized loans on the basis of forged documents, including subscription agreements from purported limited partners, audit letters attesting to his private equity firm’s finances, and falsified bank account statements.  SMERLING previously pled guilty before U.S. District Judge Denise L. Cote, who imposed today’s sentence.

U.S. Attorney Damian Williams said:  “Elliot Smerling previously admitted to securing funding for his private equity fund by submitting a constellation of fraudulent documents and assurances to lenders. Smerling’s misrepresentations ultimately resulted in massive losses to banks, as he received over $133 million in ill-gotten loans. Smerling has now fittingly been sentenced to more than eight years in federal prison for his bank and securities fraud scheme.”

According to the allegations contained in public court filings and statements made in court:

From at least in or about January 2019 through at least in or about March 2021, ELLIOT SMERLING was the mastermind of a scheme to secure financing for a series of private equity funds (the “Funds”) through fraud and deceit.  SMERLING solicited and obtained loans totaling approximately $133 million on behalf of the Funds, which were secured by purported capital commitments made by limited partners in the Funds.  SMERLING obtained the loans on the basis of falsified documents and material misrepresentations, including:  (1) a forged audit letter, purportedly prepared by an international network of accounting, audit, tax, and professional services firms, attesting to audited financial statements; (2) forged subscription agreements that falsely represented, among other things, that the investment fund of a private university based in New York, New York had committed $45 million to the Funds, and that the investment management division of a banking and financial services firm headquartered in New York, New York had committed $40 million to the Funds; and (3) falsified bank records showing wire transfers from purported limited partners to the Funds.  

In connection with his bank fraud scheme, from at least in or about January 2013 through at least in or about March 2021, SMERLING also solicited investments in his Funds through materially false and misleading statements concerning the Funds’ audited financial statements, limited partners, capital commitments, and holdings.

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In addition to his prison term, SMERLING, 52, of Lake Worth, Florida, was sentenced to three years of supervised released.  The Court deferred its decision on the amount of restitution.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Jilan J. Kamal and Timothy V. Capozzi are in charge of the prosecution.

Source: United States Department of Justice News

BOSTON – A New York man has been indicted by a federal grand jury on drug trafficking charges involving fentanyl.

Chanty Reynoso Vasquez, 27, of Bronx, N.Y., was indicted on possession with intent to distribute 400 grams or more of fentanyl.

According to the indictment, on March 30, 2022, in Springfield, Reynoso Vasquez possessed 400 grams or more fentanyl intended for distribution.

The charge of possession with intent to distribute 400 grams or more of fentanyl provides for a sentence of up to life in prison, up to six years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration in New England and Springfield Police Commissioner Cheryl Clapprood made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Rollins’ Springfield Branch Office is prosecuting the case.

The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Justin William Davis, age 39, of Berwick, PA, pleaded guilty today before United States District Judge Malachy E. Mannion to Aggravated Identity Theft, as part of a so-called mail “fishing” scheme.  Individuals involved in the scheme used improvised devices to pull mail from United States Post Office collection boxes in the hope of stealing checks and other valuable instruments which are then either cashed or deposited into the bank accounts of co-conspirators for later withdrawal.  

According to United States Attorney John C. Gurganus, the criminal Information to which Davis pleaded guilty alleges that Davis unlawfully used the personal identification information, including the name and bank account number of another person, in the course of committing a bank fraud, by attempting to deposit into the account of the other person a high value check that he had “fished” from a collection box.

This case was investigated by the United States Postal Inspection Service (USPIS) and is being prosecuted by Assistant U.S. Attorney Jeffery St John.

Davis faces a mandatory two-year term of imprisonment, and a maximum fine of $250,000, as a result of his guilty plea to the offense.  

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