Month: May 2022

Source: United States Department of Justice News

PADUCAH, KY – In the U. S. District Court for the Western District of Kentucky, Paducah Division, Gerald Kent Kingston, 61, of Elkton, KY and Bobby Joe Merrick, 72, of Princeton, KY pled guilty yesterday to stealing over $350,000 from a Lyon County, KY grain elevator company.

According to court documents, Kingston was formerly employed as manager at Gavilon Grain which operates a grain elevator in Eddyville, KY.   Merrick is a local farmer who contracted with Gavilon Grain to sell his corn, wheat, and soybeans at the grain elevator.   Between September 19, 2016, and May 5, 2021, Kingston and Merrick devised a scheme to defraud Gavilon Grain by creating multiple scale tickets for each truck load of crop that Merrick delivered.  Kingston electronically submitted the scale tickets to Gavilon Grain’s headquarters in Nebraska for payment.  The scheme caused Merrick to be paid twice for each truck load of crop he delivered.  

During court proceedings, Kingston and Merrick admitted that Merrick was paid $354,870.11 for phantom loads of product.   After receiving payment from Gavilon Grain, Merrick would make a cash payment to Kingston.

Kingston and Merrick both pled guilty to one count of conspiracy to commit wire fraud in violation of Title 18, United States Code, Section 1349, and five counts of wire fraud in violation of Title 18, United States Code, Section 1343.  As part of the plea agreement, they will be required to pay $354,870.11 in restitution to Gavilon Grain.  Both men are scheduled to be sentenced on August 24, 2022, by U.S. District Judge Thomas B. Russell, who will determine any sentence each receives after considering the U.S. Sentencing Guidelines and other factors.

U.S. Attorney Michael A. Bennett of the Western District of Kentucky made the announcement.

The Federal Bureau of Investigation conducted the investigation.

The case is being prosecuted by Assistant U.S. Attorney Raymond McGee.

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Source: United States Department of Justice News

 May 11 – May 17 is National Police Week

TALLAHASSEE, FLORIDA – In honor of National Police Week, United States Attorney Jason R. Coody will recognize the service and sacrifice of federal, state, local, law enforcement. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.

“This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country,” said Attorney General Garland. “We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community.”

“Every day our brave law enforcement officers face dangerous and difficult situations without reservation or expectation of thanks,” said U.S. Attorney Coody. “These courageous individuals serve, not for fame or fortune, but act selflessly to protect their fellow citizens and keep our communities safe. It is fitting and proper to express our unwavering support and appreciation to our law enforcement officers and their families, while remembering those among their ranks who have made the ultimate sacrifice in service of our nation.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 472 law enforcement officers died nationwide in the line of duty in 2021. Of that number, 319 succumbed to COVID-19. Twelve officers have died in the line of duty in the Northern District of Florida.

Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year.  In 2021, unprovoked attacks^[1] were the cause of 24 deaths significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.

The names of the 619 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General.  To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website.  For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.

Source: United States Department of Justice News

Eau Claire Woman Charged with Possessing Methamphetamine for Distribution

Golia Xiong, 39, Eau Claire, Wisconsin, is charged with possessing 50 grams or more of methamphetamine with the intent to distribute.  The indictment alleges that she possessed the methamphetamine for distribution on March 30, 2022. 

If convicted, Xiong faces a mandatory minimum penalty of 5 years and a maximum of 40 years in prison.  The charge against her is the result of an investigation by the Barron County Sheriff’s Department.  Assistant U.S. Attorney Robert A. Anderson is handling the prosecution. 

Fitchburg Man Charged with Illegally Possessing Firearm

Johnluke Spears, 31, Fitchburg, Wisconsin, is charged with being a felon in possession of a firearm.  The indictment alleges that on December 21, 2021, he possessed a .40 caliber handgun.

If convicted, Spears faces a maximum penalty of 10 years in prison.  The charge against him is the result of an investigation by the Fitchburg, Middleton, and Sun Prairie Police Departments; Dane County Sheriff’s Office; Federal Bureau of Investigation; and Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Corey Stephan is handling the investigation.

Mexican Citizen Charged with Illegally Reentering United States

Paulino Gonzalez-Zarate, 27, a citizen of Mexico living in Sun Prairie, Wisconsin, is charged with illegally reentering the United States after previously being removed.  The indictment alleges that he was found in the U.S. on April 14, 2022. 

Gonzalez-Zarate was previously charged with this offense in a complaint filed in U.S. District Court on April 28.  The complaint alleges that after his arrest on state charges of battery, strangulation and suffocation, and sexual assault, investigators became aware that he was in the U.S. illegally. 

The charge against Gonzalez-Zarate is the result of an investigation by U.S. Immigration and Customs Enforcement.  Assistant U.S. Attorney Meredith Duchemin is handling the prosecution.

Source: United States Department of Justice News

Assistant U. S. Attorney Eric R. Olah (619) 546-7540    

NEWS RELEASE SUMMARY – May 11, 2022

SAN DIEGO – Nehemiah Joel Weaver was indicted by a federal grand jury for using stolen personal information of University of California San Diego students in furtherance of bank and pandemic unemployment insurance fraud schemes.

Weaver is charged with 60 felony counts, including bank fraud, mail fraud, wire fraud, aggravated identity theft, extortion, and obstruction of justice. 

Weaver’s co-defendant, Mia Nikole Bell, entered a guilty plea last week to one count of felony bank fraud.  In her plea agreement, Bell admitted that when she was an employee at UCSD, she stole the personal identifiable information (“PII”) of at least eight students and shared it with the intent to facilitate a bank fraud scheme.  Bell’s sentencing is set for August 15, 2022.

The indictment charges Weaver with using identities he obtained from Bell and other sources.  Specifically, Weaver used stolen identities to apply for accounts and loans at a financial institution, to obtain more than $200,000 in benefit payments from the State of California’s Employment Development Department (“EDD”), and to defraud the State of Arizona’s Department of Economic Security (“DES”) out of more than $27,000.

As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Congress provided new unemployment benefits for those affected by the COVID-19 pandemic who would not otherwise qualify for unemployment insurance.  The EDD administers unemployment insurance benefits in California, and DES does the same in Arizona.

Additionally, the indictment includes an extortion charge based on text messages Weaver sent to an acquaintance demanding money and threatening that a third person would be “charged with fraud.”  The indictment also includes an obstruction of justice count based in part on Weaver sending to a victim a photograph of the victim’s minor daughter along with text messages reading “Lol so dead you don’t even know it yet” and “Can’t wait to see the look on your face.  Paid good money to see it.”

U.S. Magistrate Judge Barbara L. Major ordered Weaver detained pending trial based on a serious risk of flight and danger to the community.  The next court hearing is a Motion Hearing and Trial Setting before U.S. District Judge Gonzalo P. Curiel on June 13, 2022.

If you think you are a victim of COVID-19 fraud, immediately report it the FBI (visit ic3.gov, tips.fbi.gov, or call 1-800-CALL-FBI or the San Diego FBI at 858-320-1800.  In addition, the public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov.

DEFENDANTS                                             Case Number 21-CR-2722-GPC                             

Nehemiah Joel Weaver                                               Age: 36                                   San Diego, CA

Mia Nikole Bell                                                          Age: 31                                   Houston, TX

SUMMARY OF CHARGES

Bank Fraud – Title 18, U.S.C., Section 1344(1)

Maximum penalty: Thirty years in prison, $1 million fine or twice the pecuniary gain/loss

Mail Fraud – Title 18, U.S.C., Section 1341

Maximum penalty: Twenty years in prison; $250,000 fine or twice the pecuniary gain/loss

Mail Fraud – Title 18, U.S.C., Section 1343

Maximum penalty: Twenty years in prison; $250,000 fine or twice the pecuniary gain/loss

Aggravated Identity Theft – Title 18, U.S.C., Section 1028A

Penalty: Mandatory two years in prison

Extortion – Title 18, U.S.C., Section 875(d)

Maximum penalty: Two years in prison

Obstruction of Justice – Title 18, U.S.C., Section 1503

Maximum penalty: Ten years in prison; $250,000

Forfeiture – Title 18, U.S.C., Sections 981(a)(1)(C), 982(a)(2), 982(b) and Title 28 U.S.C. Section 2461(c)

AGENCIES

United States Secret Service

San Diego Police Department

*The charges and allegations contained in an indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.