Month: June 2022

Source: United States Department of Justice News

PORTLAND, Ore.—A Canadian man was sentenced to federal prison today for his leadership role in an international sex trafficking organization operating dozens of illegal Asian brothels in the United States, Canada and Australia.

Zongtao Chen aka Mark Chen, 49, of Toronto, Ontario, Canada, was sentenced to 24 months in federal prison and three years’ supervised release.

According to court documents, Chen led a criminal enterprise that recruited women, primarily from China, to travel to the United States and elsewhere to engage in prostitution and other sex trafficking activities. The organization employed dispatchers who would receive incoming requests for “dates” from potential customers. The dispatchers would coordinate and schedule dates with women working in the various brothels.

On November 15, 2018, a federal grand jury in Portland returned a two-count indictment charging Chen and four co-conspirators with conspiring to use and using interstate facilities to promote, manage, establish, carry on, or facilitate a racketeering enterprise. On March 4, 2022, after being extradited to the U.S., Chen pleaded guilty.

U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.

This case was investigated by FBI Portland’s Child Exploitation Task Force (CETF) with assistance from Homeland Security Investigations (HSI) agents in Omaha, Nebraska. The Toronto Police Service provided assistance. The Justice Department’s Office of International Affairs worked with law enforcement partners in Canada to secure the arrest and extradition of Chen to the United States. Participating CETF member organizations include the Portland Police Bureau, Beaverton Police Department, Tigard Police Department and Clackamas County Sheriff’s Office. It was prosecuted by Julia Jarrett, Assistant U.S. Attorney for the District of Oregon.

The FBI CETF conducts sexual exploitation investigations, many of them undercover, in coordination with federal, state and local law enforcement agencies. CETF is committed to locating and arresting those who prey on children as well as recovering and assisting victims of sex trafficking and child exploitation.

Source: United States Department of Justice News

United States Attorney Clint Johnson today announced the results of the June 2022 Federal Grand Jury A.

The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Joseph Scott Bennett. Felon in Possession of Firearms and Ammunition; Aggravated Sexual Abuse of a Minor Under 12 Years of Age in Indian Country;  Abusive Sexual Contact with a Child Under 12 Years of Age.  Bennett, 36, of Ramona, was charged with being a felon in possession of an AJ Stevens Arms Company .410 shotgun and 65 rounds of ammunition. Bennett was previously convicted of lewd molestation in Washington County in 2006. Bennett is further charged with sexually abusing a child younger than 12 years old from Jan. 1, 2016, to July 15, 2019. The FBI and Bartlesville Police Department are the investigative agencies. Assistant U.S. Attorney Joel-lyn A. McCormick is prosecuting the case. 22-cr-174

James Arthur Berry. Assault of a Spouse by Strangling in Indian Country. Berry, 30, of Tulsa, is charged with assaulting the victim by strangling her on April 22, 2022. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-cr-159

Tye Dean Lewis Ross Cody. Second Degree Murder in Indian Country; Involuntary Manslaughter in Indian Country (second superseding). Cody, 21, of Nowata, was allegedly speeding and unlawfully passed another vehicle. Cody’s vehicle struck one motorist’s vehicle as he attempted to pass it and then collided head-on with a second vehicle, killing Leonard Logan Ladd. The incident occurred on May 28, 2020, in Nowata County. The FBI and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorney Brandon A. Skates is prosecuting the case. 22-CR-63

Colton John Durr. Felon in Possession of a Firearm and Ammunition. Durr, 23, of Claremore, is charged with being a felon in possession of a Glock 9mm caliber pistol and eight rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Claremore Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-cr-171

Keith Charles Eisenberger. Cyberstalking; Threatening to Kidnap and Assault a Member of Congress; Threatening to Kidnap and Assault the Spouse of a Member of Congress. Eisenberger 39, of Bartlesville, is charged with cyberstalking U.S. Representative Kevin Hern from Nov. 27, 2018, to May 11, 2022. He is further charged with threatening to kidnap and assault Hern and his wife on May 11, 2022. Eisenberger was  initially charged by criminal complaint in May. The FBI and Bartlesville Police Department are the investigative agencies. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case. 22-cr-175

Bradley Wayne Gillum. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Gillum, 27, of Locust Grove, is charged with stabbing the victim in the abdomen with a knife on May 5, 2022. The FBI, Mayes County Sheriff’s Office, and Locust Grove Police Department are the investigative agencies. Assistant U.S. Attorney Kyle M. McWaters is prosecuting the case. 22-cr-160

Elga Eugene Harper. Kidnapping in Indian Country; Aggravated Sexual Abuse by Force and Threat in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country. On May 4, 2022, Harper, 40, of Tulsa, is alleged to have held an elderly woman against her will and physically and sexually assaulted her. The victim had previously hired Harper to help around her house. The victim suffered extensive injuries to her face, head, neck, arms, hands, legs and continues to receive treatment. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Chantelle D. Dial is prosecuting the case. 22-cr-170

Kovon Daylan Hemphill. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. On Nov. 11, 2021, Hemphill, 30, of Tulsa, attempted to stab the victim, a Tulsa County Sheriff’s Office deputy, with a knife. The defendant allegedly resisted arrest, pulling out a pocket knife and attempting to stab the deputy. The FBI is the investigative agency. Assistant U.S. Attorney John E. Brasher is prosecuting the case. 22-cr-176

Aubrey Tyrone Elliot Lewis. Felon in Possession of a Firearm and Ammunition. Lewis is charged with being a felon in possession of an Intratec 9 mm Luger caliber semi-automatic pistol and 29 rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Bixby Police Department are the investigative agencies. Assistant U.S. Attorney Eric O. Johnston is prosecuting the case. 22-cr-161

Stephen Boyd Mosby. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence. On May 17, 2022, Mosby, 52, of Claremore, allegedly assaulted the victim when he brandished and discharged his firearm in the victim’s presence. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case.  22-cr-176

Forrest Sensei Mullin. Assault of an Intimate/Dating Partner by Strangling, and Attempting to Strangle in Indian Country. Mullin, 27, of Afton, is charged with strangling his intimate/dating partner on July 2, 2019. The FBI and Delaware County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Brandon A. Skates is prosecuting the case. 22-cr-162

Shannon Don Onthehill. Assault of an Intimate/Dating Partner by Strangling, Suffocating, and Attempting to Strangle and Suffocate in Indian Country. Onthehill, 47, of Claremore, allegedly strangled a dating partner, causing her to lose consciousness, on Jan. 18, 2020. The FBI and Claremore Police Department are the investigative agencies. Assistant U.S. Attorney Ryan H. Heatherman is prosecuting the case. 22-cr-159

Soledad Perezchica, Christian Perezchica. Attempted Possession of Methamphetamine with Intent to Distribute; Possession of Methamphetamine with Intent to Distribute; Possession of Fentanyl with Intent to Distribute; Maintaining a Drug-Involved Premises. Soledad Perezchica, 46, and Christian Perezchica, 26, both of Tulsa, allegedly aided and abetted each other to attempt to possess with the intent to distribute 500 grams of methamphetamine. They are further charged with possession with intent to distribute 50 grams of methamphetamine and with possession with intent to distribute fentanyl. Finally, they are charged with using and maintaining a residence for the purpose of possessing with intent to distribute the two drugs.  Assistant U.S. Attorney Joel-lyn A. McCormick is prosecuting the case. 22-cr-179

Christopher Scott Royce. Felon in Possession of Firearms and Ammunition; Drug Conspiracy; Maintaining a Drug-Involved Premises. Royce, 42, of Broken Arrow, is charged with being a felon in possession of a Marlin, 30/30 caliber lever-action rifle; a Mauser bolt-action rifle; a Iver Johnson .22 caliber bolt-action rifle; a Ruger .22 caliber revolver; a Ruger .380 caliber semi-automatic pistol; a Taurus .22 caliber pistol and 22 rounds of ammunition. He is further charged with conspiring to possess with intent to distribute fentanyl. Lastly, he is charged with maintaining a place in Broken Arrow for the purpose of distributing the drug. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Broken Arrow Police Department are the investigative agencies. Assistant U.S. Attorney David A. Nasar is prosecuting the case. 22-cr-163

Bryant Danilo Sosa. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Sosa, 23, of Tulsa, is charged with assaulting an intimate partner by stabbing her with a knife on May 22, 2022. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Julie A Childress is prosecuting the case. 22-cr-154

Misty Dawn Sparkman. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Sparkman, 38, of Tulsa, is charged with stabbing the male victim in the neck and chest with a knife on Feb. 16, 2022. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Leah Paisner is prosecuting the case. 22-cr-168

Johnny Lee Summers. Aggravated Sexual Abuse by Force and Threat in Indian Country; Assault of an Intimate/Dating Partner by Strangling in Indian Country; Sexual Abuse of a Minor in Indian Country; Abusive Sexual Contact with a Minor in Indian Country; Coercion and Enticement of a Minor in Indian Country; Witness Tampering by Threatening Physical Force. Summers allegedly sexually assaulted an intimate partner between February 2021 and January 2022. During that time,  he also strangled the victim. He is further alleged to have enticed and sexually abused a female minor between the ages of 12 and 16. Finally, in January 2022, Summers threatened to use physical force against his intimate partner in an effort to stop her from speaking with law enforcement about the child enticement allegation. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Kyle M. McWaters is prosecuting the case. 22-cr-155

Garrin Michael Thompson. Transportation of a Minor with Intent to Engage in Criminal Sexual Activity; Aggravated Sexual Abuse of a Minor Under 12 Years of Age in Indian Country; Coercion and Enticement of a Minor (superseding). From March 4, 2022, to March 7, 2022, Thompson, 48, of Catoosa, is alleged to have taken a child from Oklahoma to Texas, where he sexually abused the child. He is also alleged to have sexually abused a second minor younger than 12 years of age from 2007 to 2009. Finally, he is charged with enticing a third minor victim to engage in sexual activity from 2000 to 2001. The FBI is the investigative agency. Assistant U.S. Attorneys Cheryl Baber and Edward Snow are prosecuting the case. 22-cr-118

Devan Miguel Velasco. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Child Neglect in Indian Country. Velasco, 24, of Tulsa, is charged with assaulting two victims by brandishing and pointing a firearm at them on May 13, 2022. He also allegedly endangered a young child by failing to provide appropriate supervision and failing to protect the child from exposure to his illegal acts. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case. 22-cr-155

James Dean Wright. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Felon in Possession of Ammunition. Wright, 59, of Tulsa, allegedly discharged a firearm at the victim, a Tulsa Police Officer. Wright is also charged with being a felon in possession of 62 rounds of ammunition. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Nathan E. Michel is prosecuting the case. 22-cr-167

Source: United States Department of Justice News

Acting United States Attorney Alison J. Ramsdell announced that a Browns Valley, Minnesota man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 6, 2022, by Charles B. Kornmann.

Frank Stewart, age 62, was sentenced to twenty seven years in federal prison, followed by five years of supervised release and a $100 special assessment to the Federal Crime Victims Fund.

Stewart was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 6, 2021.  He pled guilty on December 7, 2021.

In the summer of 2019 Stewart joined an agreement or understanding to distribute methamphetamine, in the District of South Dakota and elsewhere.  During his involvement, he obtained methamphetamine from a co-conspirator and sold it to other co-conspirators. He personally distributed more than 500 grams of methamphetamine during his involvement in the conspiracy.

This case was investigated by South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation.  Assistant U.S. Attorney Mark Hodges prosecuted the case.

Stewart was immediately turned over to the custody of the U.S. Marshals Service.

Source: United States Department of Justice News

United States Attorney Alison J. Ramsdell announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for two counts of Sexual Abuse of a Minor and one count of Abusive Sexual Contact.

Zander Zephier, age 21, was indicted on May 3, 2022.  He appeared before U.S. Magistrate Judge Daneta L. Wollmann on June 8, 2022, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about January 1, 2021, Zephier knowingly engaged, and attempted to engage, in a sexual act and sexual contact with a minor female who had not attained the age of 16 years and was at least four years younger than Zephier. 

The charges are merely accusations and Zephier is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Law Enforcement.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

Zephier was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 16, 2022.

Source: United States Department of Justice

Five subsidiaries of Westlake Chemical Corporation — Westlake Chemical OpCo LP, Westlake Petrochemicals LLC, Westlake Polymers LLC, Westlake Styrene LLC, and Westlake Vinyls Inc. — have agreed to make upgrades and perform compliance measures estimated to cost $110 million to resolve allegations that they violated the Clean Air Act and state air pollution control laws at two of their petrochemical manufacturing facilities located in Lake Charles, Louisiana, and one facility in Calvert City, Kentucky. The Westlake companies will also pay a $1 million civil penalty. The settlement will eliminate thousands of tons of air pollution from flares.

According to the complaint, also filed today by the United States, the Commonwealth of Kentucky, and the State of Louisiana, the companies failed to properly operate and monitor their industrial flares, which resulted in excess emissions of harmful air pollution at the three facilities. The company regularly “oversteamed” the flares and failed to comply with other key operating constraints to ensure the volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) contained in the gases routed to the flares are efficiently combusted. 

“This settlement demonstrates that the Department of Justice and Environmental Protection Agency are committed to addressing excessive and harmful air pollution from improperly operated petrochemical flares,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement’s significant reductions of hazardous and other air pollutants and greenhouse gases will serve to reduce exposure in the vulnerable nearby communities with environmental justice concerns.”

“This settlement will require the Westlake companies to install pollution control and emissions monitoring equipment at the three facilities, reducing emissions of greenhouse gases and other harmful gases by thousands of tons per year,” said Acting Assistant Administrator Larry Starfield for the EPA’s Office of Enforcement and Compliance Assurance. “Those controls, plus a requirement for fence line monitoring of benzene emissions and corrective actions when benzene readings are high, will result in significant benefits for the local communities in Kentucky and Louisiana.”

The settlement requires the three facilities to install and operate air pollution control and monitoring technology to reduce flaring and the resulting harmful air pollution from eight flares at the three facilities. Once fully implemented, the pollution controls are estimated to reduce emissions of ozone-forming VOCs by 2,258 tons per year and of toxic air pollutants, including benzene, by 65 tons per year. The settlement is also expected to reduce emissions of climate-change-causing greenhouse gases, including carbon dioxide, methane and ethane, by over 50,733 tons per year.

This settlement also contains innovative injunctive relief measures that continue this administration’s efforts to use enforcement to reduce the impacts of harmful pollutants on overburdened communities and to fight climate change by reducing the emission of greenhouse gases. The significant emissions reductions of VOCs and HAPs secured at the facilities serve to reduce exposure in the community to some of the same air pollutants to which they are disproportionately exposed. The improved combustion efficiency requirements, flare gas recovery system, requirements to reduce flaring, and limits on flaring included in the settlement will reduce the carbon footprint of all three facilities.

The Westlake companies will perform air quality monitoring that is designed to detect the presence of benzene at the fence lines of the three facilities. Monitoring results must be posted to a publicly available website, providing the neighboring communities with more information about their air quality. The monitoring requirements also include triggers for root cause analysis and corrective actions if fence line emissions exceed certain thresholds. Flare compliance is an ongoing priority for the EPA under its Creating Clean Air for Communities National Compliance Initiative.

The pollutants addressed by the settlement can cause significant harm to public health. VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. Chronic exposure to benzene, which EPA classifies as a carcinogen, can cause numerous health impacts, including leukemia and adverse reproductive effects in women. Flares are also often large sources of greenhouse gas emissions.

Flares are devices used to combust waste gases that would otherwise be released into the atmosphere during certain industrial operations. Well-operated flares should have high “combustion efficiency,” meaning they combust nearly all harmful waste gas constituents, like VOCs and HAPs, and turn them into water and carbon dioxide. The agreement  — the eighth of its kind since 2013 —  is designed to improve the Westlake companies’ flaring practices. First, it requires the company to minimize the amount of waste gas that is sent to the flares, which reduces the amount of flaring. Second, the company must improve the combustion efficiency of its flares when flaring is necessary. The Westlake companies will take several steps to minimize the waste gas sent to its flares at each facility. All three facilities will operate a flare gas recovery system that recovers and “recycles” the gases instead of sending them to be combusted in a flare. The flare gas recovery system will allow Westlake to reuse these gases as a fuel at its facilities or a product for sale. For flaring that must occur, the agreement requires that the Westlake companies install and operate instruments and monitoring systems to ensure that the gases sent to its flares are efficiently combusted.

The consent decree, lodged in the Western District Court of Louisiana, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.