Month: June 2022

Source: United States Department of Justice News

BIRMINGHAM, Ala. – A federal indictment has been unsealed after a Birmingham man was arrested on Monday on gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Mickey French.

A two-count indictment filed in U.S. District Court charges Antarius Lanay Mitchell, 23, with possession of a firearm by a person subject to a court order restraining him from harassing, stalking, and threatening an intimate partner (known as a domestic violence protective order, Protection from Abuse order, or PFA) and providing a false statement on a federal firearm licensee record.

According to the indictment, in October 2021, Mitchell provided fraudulent information on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473, Firearms Transaction Record, to the effect that he was not the subject of a PFA when, in fact, he was the subject of a PFA.  The PFA charge against Mitchell stems from his possession of a firearm, while subject to the terms of a PFA order issued by the Jefferson County Family Court on August 6, 2020. Under federal law, an individual who is subject to a PFA order is prohibited from possessing firearms.  As alleged in the indictment, Mitchell possessed a Steyr Arms 9mm pistol.

The maximum penalty for possession of a firearm while under a Protection from Abuse Order is 10 years in prison.

The maximum penalty for providing a false statement on federal firearm licensee records is 5 years in prison.

ATF investigated the case, along with the Homewood Police Department.  Assistant U.S. Attorney Brittney Plyler is prosecuting the case. 

This case is part of the U.S. Attorney’s Office Operation Safe Families Initiative, which was launched in October 2020.  Operation Safe Families focuses on fighting domestic violence in the Northern District of Alabama. Annually, offenders with a history of domestic violence commit more than half of all homicides committed in Jefferson County. Through Operation Safe Families, the U.S. Attorney’s Office works with federal, state, and local law enforcement to use federal firearm laws to combat domestic violence.  Additionally, the Office works with partners in the community who are focused on prevention, education, and survivor support. Operation Safe Families is a partnership between the Bureau of Alcohol, Tobacco, Firearms and Explosives, Birmingham Police Department, Jefferson County Sheriff’s Office, Jefferson County District Attorney’s Office, One Place Family Justice Center, YWCA, and the Hispanic Interest Coalition of Alabama.

This case is also part of Project Safe Neighborhoods (PSN), 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. 

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

Source: United States Department of Justice News

PORTLAND, Ore.—A federal indictment was unsealed today charging a Portland man with committing child pornography offenses while awaiting trial in a state child sex abuse case.

Raphael Alberto Whitfield, 33, has been charged with possession and distribution of child pornography.

According to court documents, on February 8, 2021, Whitfield was arrested after being indicted in Clackamas County Circuit Court on five counts of first-degree sexual abuse for allegedly abusing a child under the age of eight. Whitfield posted bail and was released the next day. Shortly thereafter, law enforcement in Oregon began investigating Whitfield’s use of Discord, an online instant messaging application, to send and receive child pornography. Search warrant returns showed that Whitfield had used the platform to distribute images depicting child sexual abuse as early as September 2020.

Law enforcement continued investigating Whitfield throughout much of 2021. These investigative efforts culminated in an October 2021 search of Whitfield’s person, car, and residence. Investigators seized two mobile phones, one of which was later found to contain more than 1,000 images depicting child sexual abuse. Many of these images were collected and saved while Whitfield was awaiting trial in Clackamas County.

On May 17, 2022, a federal grand jury in Portland indicted Whitfield and an arrest warrant was issued. On May 27, 2022, with the assistance of the Portland Police Bureau’s Special Emergency Reaction Team (SERT), the FBI executed the arrest warrant at Whitfield’s residence. When agents and SERT members knocked and announced their presence, Whitfield barricaded himself in the residence and attempted to take his own life by cutting his throat and wrist with a knife. Whitfield eventually exited the residence and was arrested and transported to a local hospital with non-life-threatening injuries.

Whitfield made his initial appearance in federal court today before U.S. Magistrate Judge Stacie F. Beckerman. He was arraigned, pleaded not guilty, and ordered detained pending a three-day jury trial scheduled to begin on August 2, 2022.

Possession and distribution of child pornography are each punishable by up to 20 years in federal prison, a life term of supervised release, and a $250,000 fine. Additionally, distribution of child pornography carries a 5-year mandatory minimum prison sentence.

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). The Portland Police Bureau assisted with Mr. Whitfield’s arrest. Assistant U.S. Attorney Mira Chernick is prosecuting the case.

An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.

Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at 1-800-CALL-FBI (1-800-225-5324) or submit a tip online at tips.fbi.gov.

Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. Child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document victims’ exploitation and abuse, but when shared across the internet, child victims suffer re-victimization each time the image of their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children’s website at www.missingkids.org.

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.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Source: United States Department of Justice News

ST. THOMAS, USVI – United States Attorney Delia L. Smith announced today that Veron Venita Goulbourne, 60, a Jamaican national, has been charged with being present in the United States after removal and conviction for an aggravated felony. If convicted, Goulbourne faces a maximum penalty of 20 years in prison.

According to court documents, Goulbourne was previously removed from the United States in March 2000, after she was convicted of an aggravated felony. Court documents further show that on April 24, 2022, Goulbourne was a ticketed passenger on a flight from St. Thomas to Miami, FL. When Goulbourne presented herself at the U.S. Customs and Border Protection primary inspection point at Cyril E. King Airport, officers determined that she had no legal status in the United States having been previously removed.

Homeland Security Investigations is investigating, and Assistant U.S. Attorney Adam Sleeper is prosecuting the case. United States Attorney Smith reminds the public that a criminal complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.

Source: United States Department of Justice News

BOSTON – A Lawrence man has pleaded guilty in federal court in Boston to fentanyl trafficking.

Saury Rodriguez-Ruiz, 33, pleaded guilty on May 26, 2022 to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and one count of distribution and possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Chief Judge F. Denis Saylor IV scheduled sentencing for Sept. 9, 2022. Rodriguez-Ruiz was indicted along with his co-conspirator, Danybelkis Vasquez-Rodrigue, in January 2021. Vasquez-Rodrigue has pleaded not guilty and is awaiting trial.

In November 2020, law enforcement began an investigation into Rodriguez-Ruiz, who had been identified as a Lawrence-based drug supplier. On Nov. 24, 2020, Rodriguez-Ruiz distributed nearly one kilogram of fentanyl to a cooperating witness. In exchange for the fentanyl, the cooperating witness made two payments to Rodriguez-Ruiz’s associates in December 2020. The first payment of $10,000 was to an associate of Rodriguez-Ruiz and the second payment of $32,000 was allegedly to Rodriguez-Ruiz’salleged co-conspirator, Vasquez-Rodrigue.

The charges of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and distribution of and possession with intent to distribute 400 grams or more of fentanyl each carry a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement. The case was investigated by the FBI’s Strike Force including the Norfolk County Sherriff’s Office.  Assistant U.S. Attorney Alathea Porter of Rollin’s Narcotics & Money Laundering Unit is prosecuting the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.