Security News: Two Men Sentenced for Illegal Possession of Methamphetamine

Source: United States Department of Justice News

MONROE, La. – United States Attorney Brandon B. Brown announced that United States District Judge Terry A. Doughty has sentenced two men to federal prison for illegal possession of narcotics.

Antoyn A. Wordlaw, 43, of Delhi, Louisiana, was sentenced to 234 months in prison, followed by 5 years of supervised release, for possession with intent to distribute methamphetamine.  On July 6, 2021, Louisiana State Police (LSP) received a call from a company in Delhi, stating there were narcotics found in an employee locker room. The company found a soft-side cooler bag with a large amount of narcotics inside a locker belonging to Wordlaw. Law enforcement agents with the LSP and Richland Parish Sheriff’s Office responded to the call and were able to review surveillance cameras for the day and identified Wordlaw walking into the plant and locker room with the same cooler bag. Wordlaw was arrested and a search of the cooler bag revealed that it contained a clear bag with methamphetamine, four bags with marijuana, numerous baggies for distribution and several other controlled substances. Agents with the U.S. Drug Enforcement Administration (DEA) conducted a chemical analysis and determined that the substance was in fact methamphetamine with a net weight of 88.9 grams and a 95% purity level.

The case was investigated by the DEA, LSP and Richland Parish Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Cytheria D. Jernigan.

In an unrelated case, Preston Ryan Eckard, 23, of Fort Necessity, Louisiana, was sentenced to 48 months in prison, followed by 5 years of supervised release, for distribution of methamphetamine. Deputies with the Franklin Parish Sheriff’s Office began an investigation into the drug trafficking activities of Eckard in December 2020. Law enforcement agents were able to obtain video evidence of Eckard selling methamphetamine for cash on two occasions in January and February of 2021. The narcotics were seized and sent to the lab for analysis. The North Louisiana Criminalistics Laboratory determined the narcotics seized on January 28, 2021 to be 28.01 grams of methamphetamine. The DEA Laboratory determined that narcotics seized on February 2, 2021 had a net weight of 44.92 grams of pure methamphetamine.

The case was investigated by the DEA and Franklin Parish Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Robert F. Moody.

“Our office has a heightened interest in conducting parallel drug trafficking investigations with state law enforcement in the more rural areas of our district, where there is a violation of federal law,” stated U.S. Attorney Brandon B. Brown. “There are instances where local law enforcement, through no fault of their own, may have limited resources to conduct such investigations. We look forward to strengthening our relationship with these jurisdictions and communities so that these residents can live in a safe environment.”

# # #

Security News: Convicted Felon Sentenced for Illegally Possessing a Firearm

Source: United States Department of Justice News

MONROE, La. – United States Attorney Brandon B. Brown announced that Joshua Ray Webb McGee, 34, of Olla, Louisiana, was sentenced yesterday by United States District Judge Terry A. Doughty to a total of 60 months in prison, followed by 5 years of supervised release. McGee was sentenced to 46 months for possession of firearm by convicted felon and an additional 14 months for violating the terms of his supervised release. McGee was previously convicted of conspiracy to commit bank robbery in the Eastern District of Arkansas and was sentenced to 46 months in prison on November 14, 2018.

On July 27, 2021, a concerned motorist called 911 to report a motor vehicle accident in LaSalle Parish. When law enforcement arrived, the motorist told officers what had transpired. He explained that as he was traveling near a sharp curve in the road a blue SUV came around the curve traveling at a high rate of speed. This caused him to make an abrupt turn into the opposite lane to avoid a head-on collision and the other vehicle traveled off the roadway and hit a tree and went into the drainage ditch. The motorist turned around and went back to the accident site to check on the erratic driver. As he drove back up to the accident site, he saw the man, later determined to be McGee, walking in front of the car on the highway. He asked if the man was okay, and he said yes but asked the motorist not to call it in because he had just gotten out of jail and did not want any trouble. The motorist offered to let the man sit in his vehicle as it began to rain, and McGee asked if he could get his gun and the motorist told him no. The motorist then watched McGee throw a long black gun into the woods nearby. He then told McGee that he had already called 911 and McGee then fled into the woods.  Officers found paperwork in the vehicle with McGee’s name on it and were able to recover the firearm from the wooded area where McGee had thrown it. A few days later, the motorist was able to positively identify McGee as the sole occupant and driver of the vehicle and who he had seen with the firearm. McGee was charged with one count of being a convicted felon in possession of a firearm.

The case was investigated by the ATF and LaSalle Parish Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Cytheria D. Jernigan.

# # #

Security News: New Orleans Man Sentenced for Conspiracy to Distribute Drugs

Source: United States Department of Justice News

NEW ORLEANS –  U.S. Attorney Duane A. Evans announced that MARK RICHBURG, age 40, of New Orleans, was sentenced on June 2, 2022 by United States District Judge Eldon E. Fallon after previously pleading guilty to one count of conspiracy to distribute 5 kilograms or more of cocaine, 100 grams or more of heroin, and a quantity of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), 841(b)(1)(C), and 846. 

According to court records, RICHBURG and others conspired to distribute multiple kilograms of cocaine and heroin in the New Orleans area.  Additionally, RICHBURG arranged for the transport of multiple kilograms of cocaine and heroin between Texas and New Orleans.

Judge Fallon sentenced RICHBURG to 292 months of imprisonment, 5 years of supervised release, and a $100 mandatory special assessment fee.

This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

U.S. Attorney Evans praised the work of the U.S. Drug Enforcement Administration and Federal Bureau of Investigation in investigating this matter.  Assistant United States Attorneys Elizabeth Privitera and Jonathan L. Shih are in charge of the prosecution.

 

                                                                                                                                                                                       *   *   *

Security News: Delano Resident Pleads Guilty to Unlawfully Possessing Firearm

Source: United States Department of Justice News

FRESNO, Calif. — Francisco Javier Melgoza, 41, a Delano resident, pleaded guilty today to being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.

According to court documents, on June 25, 2021, a police officer encountered Melgoza driving a motorcycle in Shafter and discovered that Melgoza possessed a Polymer P80 9 mm handgun loaded with five rounds of ammunition, a 31-round high-capacity 9 mm magazine, and 16 grams of methamphetamine. Melgoza is prohibited from possessing ammunition because he has five prior felony convictions, including for grand theft auto, vehicle theft, possession of a controlled substance for sale, and two convictions for being a felon in possession of a firearm.

This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Shafter Police Department. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.

Melgoza is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Sept. 9, 2022. Melgoza faces a maximum term of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

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.

Security News: FCA US LLC Enters Guilty Plea to Fraud Conspiracy

Source: United States Department of Justice News

FCA US LLC (FCA US), formerly Chrysler Group LLC, pleaded guilty to one criminal felony count and has agreed to pay approximately $300 million in criminal penalties as a result of the company’s conspiracy to defraud U.S. regulators and customers by making false and misleading representations about the design, calibration, and function of the emissions control systems on more than 100,000 Model Year 2014, 2015, and 2016 Jeep Grand Cherokee and Ram 1500 diesel vehicles, and about these vehicles’ emission of pollutants, fuel efficiency, and compliance with U.S. emissions standards.

FCA US entered a guilty plea to a criminal information charging the company with one count of conspiracy to defraud the United States, commit wire fraud, and violate the Clean Air Act. Pursuant to the plea agreement, FCA US has agreed to pay a criminal fine of $96,145,784 and to forfeit $203,572,892. 

“FCA US engaged in a multi-year scheme to mislead U.S. regulators and customers,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s guilty plea demonstrates the department’s dedication to prosecuting all types of corporate malfeasance and holding accountable companies that seek to place profits above candor, good corporate governance, and timely remediation.”       

“We expect all corporations to deal with regulators and the public openly and honestly,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “Unfortunately, one of our district’s biggest corporations fell far short of that standard, resulting in today’s guilty plea. My office is committed to holding accountable anyone who engages in fraud and deceit that violates federal law, from an individual to one of the world’s largest automakers.”

“FCA’s attempts to circumvent pollution standards undermine the laws in place to protect human health, the environment, and consumers,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s actions reflect the Justice Department’s continued and steadfast commitment to enforcing the Clean Air Act and holding individuals and companies accountable for corporate wrongdoing.”

“FCA’s engagement in this criminal scheme deceived both their regulators and consumers,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “These regulations have been put in place to protect the health and wellbeing of our citizens and environment. This guilty plea reflects the commitment of the FBI and our local, state, and federal partners to investigate and bring to justice those who engage in fraudulent and harmful practices.” 

“Emissions testing is an important requirement of the Clean Air Act because it protects our nation’s air quality,” said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “Today’s guilty plea demonstrates EPA’s commitment to hold companies like Fiat Chrysler accountable for violating environmental regulations that protect public health and the environment.”

According to the company’s admissions and court documents, beginning at least as early as 2010, FCA US developed a new 3.0-liter diesel engine for use in FCA US’s Jeep Grand Cherokee and Ram 1500 vehicles (the Subject Vehicles) that would be sold in the United States. FCA US designed a specific marketing campaign to market these vehicles to U.S. customers as “clean EcoDiesel” vehicles with best-in-class fuel efficiency. However, according to court documents, FCA US installed software features in the Subject Vehicles and engaged in other deceptive and fraudulent conduct intended to avoid regulatory scrutiny and fraudulently help the Subject Vehicles meet the required emissions standards, while maintaining features that would make them more attractive to consumers, including with respect to fuel efficiency, service intervals, and performance. 

Specifically, FCA US purposely calibrated the emissions control systems on the Subject Vehicles to produce less NOx emissions during the federal test procedures, or driving “cycles,” than when the Subject Vehicles were being driven by FCA US’s customers under normal driving conditions. FCA US then engaged in deceptive and fraudulent conduct to conceal the emissions impact and function of the emissions control systems from its U.S. regulators and U.S. customers by (a) submitting false and misleading applications to U.S. regulators to receive authorization to sell the vehicles, (b) making false and misleading representations to U.S. regulators both in person and in response to written requests for information, and (c) making false and misleading representations to consumers about the Subject Vehicles in advertisements and in window labels, including that the Subject Vehicles complied with U.S. emissions requirements, had best-in-class fuel efficiency as measured by EPA testing, and were equipped with “clean EcoDiesel engine[s]” that reduced emissions. 

For example, FCA US referred to the manner in which it manipulated one method of emissions control as “cycle detection” and “cycle beating.” Without the “cycle beating” use of this emissions control software, the Subject Vehicles were unable to pass the emissions portions of the federal test procedures while also receiving a fuel efficiency rating that could be marketed to FCA US’s potential customers as “best-in-class,” consistent with FCA US’s 3.0-liter diesel program’s goals, timing, and marketing strategy. Because FCA US knew that the decision to calibrate the emissions control system used on the Subject Vehicles to perform differently “on cycle” versus “off cycle” would be subjected to significant scrutiny by U.S. regulators, FCA US made false and misleading representations to regulators to ensure that it obtained regulatory approval to sell the Subject Vehicles in the United States.

Under the terms of the guilty plea, which remains subject to court approval, FCA US has agreed to continue to cooperate with the Department of Justice in any ongoing or future criminal investigations relating to this conduct. In addition, as part of the guilty plea, FCA US has also agreed to continue to implement a compliance and ethics program designed to prevent and detect fraudulent conduct throughout its operations and will report to the department regarding remediation, implementation, and testing of its compliance program and internal controls. 

The government reached this agreement with FCA US based on several factors including, among others, the nature and seriousness of the offense conduct, the company’s failure to voluntarily and timely disclose the conduct that triggered the investigation, and its failure to conduct sufficiently timely or appropriate remedial action. FCA US received credit for cooperation with the department’s investigation and has enhanced, and committed to enhance, its compliance program and internal controls.

Sentencing is scheduled for July 18.

In the related criminal prosecution, three FCA US employees, Emanuele Palma, Sergio Pasini, and Gianluca Sabbioni were indicted for conspiracy to defraud the United States and to violate the Clean Air Act and six counts of violating the Clean Air Act. They await trial. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The FBI and EPA’s Criminal Investigations Division are investigating the case.

Trial Attorneys Jason M. Covert, Kyle W. Maurer, Michael P. McCarthy, and Assistant Chief Michael T. O’Neill of the Criminal Division’s Fraud Section; White Collar Unit Chief John K. Neal and Assistant U.S. Attorney Timothy J. Wyse of the U.S. Attorney’s Office for the Eastern District of Michigan; and Senior Trial Attorney Todd W. Gleason of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.

The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing Victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas. If you believe you are a victim of the conduct described in the plea agreement and criminal information, please visit https://www.justice.gov/criminal-vns/united-states-v-FCA.