Month: June 2022

Source: United States Department of Justice News

FARGO – United States Attorney Jennifer Klemetsrud Puhl announced that the U.S. Attorney’s Office for the District of North Dakota completed its investigation and entered into a settlement agreement with Ulta Salon, Cosmetics & Fragrance, Inc. (“Ulta”) to resolve allegations that Ulta violated the Americans with Disabilities Act of 1990 (“ADA”). Specifically, a complaint alleged that Ulta refused to allow an individual with a disability who uses a service animal to enter Ulta with her service animal. Ulta operates a retail store located in Fargo, North Dakota, where the alleged incident occurred.

During its investigation, the U.S. Attorney’s Office found that the complainant attempted to enter Ulta with her service animal. An Ulta employee told the complainant she was not allowed to enter the store with her service animal, and incorrectly told her a North Dakota cosmetology statute prohibited service animals without documentation.

Under the Americans with Disabilities Act, individuals with disabilities who use service animals may enter places of public accommodations, such as retail stores, with their service animals. There is no requirement that individuals with disabilities show any documentation, licensure, or certification, nor is there a requirement that the service animal be wearing any vest, harness, or collar that indicates it is a service animal. A service animal is simply any dog trained to work or perform tasks for individuals with disabilities. If a place of public accommodation is unsure whether an animal is a service animal, under the ADA they may only ask two questions:

• Is the dog a service animal required because of a disability?

• What work or task has the dog been trained to perform?

Under the settlement agreement, Ulta agreed to adopt a nationwide service animal non-discrimination policy for all its stores, provide relevant training to its employees regarding the ADA, post signage indicating service animals are welcome, and pay $1,000 in damages to the complainant.

“People with disabilities who are accompanied by a service animal are entitled to come and go freely in the community,” said United States Attorney Puhl. “The corrective measures agreed to by Ulta will give individuals with disabilities an equal opportunity to enjoy the largest beauty retailor in the United States, as is required by the ADA. We hope other proprietors will proactively comply with this important civil rights law. Service animals play an important role to ensure the independence of people with disabilities, and the U.S. Attorney’s Office is committed to ensuring that individuals with disabilities will have full and equal access to places of public accommodation.”

This matter was handled by Assistant U.S. Attorney Melissa H. Burkland of the District of North Dakota.

Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in North Dakota is not accessible to persons with disabilities may file a complaint online at www.ada.gov or contact the U.S. Attorney’s Office at 701-297-7400.

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Source: United States Department of Justice News

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that John Nusslein, 18, of Philadelphia, PA, was arrested and charged by Indictment with carjacking resulting in death, carjacking resulting in serious bodily injury, conspiracy to commit carjacking, and carrying and discharging a firearm during a crime of violence, all in connection with two carjacking incidents that occurred in December 2021 in Northeast Philadelphia. The defendant made his initial appearance in federal court on these charges today and was detained pending trial.

The Indictment alleges that on December 2, 2021, the defendant, in concert with others, placed a food delivery order to an address on the 3000 block of Teesdale Street as a ruse to lure their intended victim to that location. That evening, when the food delivery driver arrived on that block with the order, the defendant and his coconspirators approached the driver and struck him repeatedly, stole his vehicle and fled the area. As a result of the injuries sustained in this attack, the victim delivery driver succumbed to his injuries and died.

Then, on December 16, 2021, the defendant, in concert with others, followed the same plan and placed another food delivery order to an address on the 9000 block of Hilspach Street to lure another victim. When the food delivery driver arrived to deliver his cargo, the defendant and others approached the driver, pointed a firearm at him, demanded his money and struck him, stole his vehicle and then fled.

“Through our Office’s Carjacking Task Force, we are continuing to investigate, arrest and prosecute those responsible for the spate of carjackings we have seen in Philadelphia in recent months,” said U.S. Attorney Romero. “As alleged, this defendant violently attacked two hard-working people, one of whom died as a result of his injuries. Carjacking is not game or a fun pastime, it is a serious federal crime with severe consequences.”

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The total maximum sentence for the defendant is the death penalty, or alternatively, a period of imprisonment up to life, with a mandatory minimum sentence of seven years imprisonment consecutive to any other sentence of imprisonment, and a $1,000,000 fine.

The case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant United States Attorneys Lauren E. Stram and Robert E. Eckert.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

Source: United States Department of Justice News

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Angela DiPietro-Sabatine, 57, of Pennsauken, NJ, was sentenced to four years and three months in prison, three years of supervised release, and was ordered to pay $2,644,543 in restitution and the same amount in criminal forfeiture by United States District Court Judge Joshua D. Wolson for her theft of more than $2.6 million dollars from her former employer, the Delaware River Waterfront Corporation (DRWC), an organization whose mission is to design, develop, and manage the central Delaware River waterfront from Oregon to Allegheny Avenues for the benefit of Philadelphia residents.

In February 2022, the defendant pleaded guilty to charges of wire fraud, aggravated identity theft and bank fraud in connection with a scheme to create false financial records for the non-profit and then steal the funds for her personal use. As Accounting Administrator for DRWC, her duties included managing the accounts payable and receivable, bank reconciliations, and general ledger work. DiPietro-Sabatine used the non-profit’s computerized accounting software to create false expense items for legitimate vendors of DRWC in order to invoice services that were never rendered. The defendant then generated DRWC checks for these false expense items, manipulated the computerized accounting software to change the payee on the check from the legitimate vendor to herself, and forged the signatures of DRWC’s authorized signatories, the President and Vice President, on these unauthorized checks made payable to herself. She spent the stolen proceeds, more than $2.6 million, on personal expenses, including gambling and luxury vacations.

“Organizations, especially non-profits and charities with a mission to benefit the public good, must be able to rely on the honesty of employees who handle money,” said U.S. Attorney Romero. “DiPietro-Sabatine went to great lengths to hide her criminal conduct from her employer for many years, but justice finally caught up with her. We appreciate DRWC’s cooperation in this investigation so the defendant could be held accountable for her actions.”

The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Nancy Potts.

Source: United States Department of Justice News

Assistant U. S. Attorney Orlando B. Gutierrez (619) 546-6958    

NEWS RELEASE SUMMARY – June 27, 2022

SAN DIEGO – Benito Jamar Hugie, a corrections officer at Richard J. Donovan Correctional Facility, was indicted by a federal grand jury for accepting thousands of dollars in cash bribes from an inmate to smuggle dental molds, jewelry and other contraband into the prison, including an expensive bejeweled “grill” for the inmate’s mouth.

The indictment said Hugie smuggled the grill into the facility in early October, 2020, and delivered it to inmate Shawn Brown, who had custom ordered it from a jeweler in Houston, Texas, using a smuggled cell phone. A grill, also known as “fronts” or “golds,” is a type of dental jewelry worn over the teeth. Grills are generally made of metal, precious gems, and are generally removable.

Others charged include Brown and his brothers – Daejohne Hatcher and Demetrius Warsinger – who are accused of facilitating more than $5,000 in bribes to Hugie.

According to a second, unrelated indictment, during the investigation of Brown’s alleged bribery scheme, agents learned that while in custody at the prison, Brown used his contraband cellular telephone to coordinate the theft of unemployment benefits intended for Californians who were unable to pay for food and housing as a result of the COVID-19 pandemic. The indictment said Brown and his co-conspirators caused an estimated $1.4 million in fraudulent claims to be filed with the state Employment Development Department, resulting in actual cash payouts of more than $695,000 to Brown and his co-conspirators.

Also charged in that case are Devante Jefferson, Raven Solomon, Homer Pitts, Kimari Goodman, Keako Jones, and Daejohne Hatcher, who allegedly worked together to use stolen victim identities to file fraudulent EDD claims to receive cash benefits meant for those who were in need, the indictment said.

“Corrections officers are supposed to supervise inmates, not collaborate with them on crimes,” said U.S. Attorney Randy Grossman. “We will hold officers accountable when they sacrifice their own integrity and that of the prison system for a payday.” Grossman thanked the prosecution team and FBI agents for their excellent work on this case.

“The defendant is accused of using his position as a corrections officer to work for the inmates inside the facility rather than the public,” said FBI Special Agent in Charge Stacey Moy. “The FBI will not tolerate public corruption or theft of government funds on any level and we will continue to work with our state and federal partners to hold accountable those who use fraudulent schemes for personal gain. I specifically want to thank the California Department of Corrections – Office of Internal Affairs, the United States Attorney’s Office, FBI Sacramento – Fresno Resident Agency, and FBI Houston for their continued partnership in this case.”

DEFENDANTS                     Case Number 22CR1238                             

Shawn Brown                         Age: 26                                   CDCR Inmate

Daejohne Hatcher                  Age: 25                                   Fresno, CA

Benito Jamar Hugie                Age: 47                                   San Diego, CA

Demetrius Vance Warsinger   Age: 26                                   Fresno, CA

Case Number 22CR1239                             

Shawn Brown                         Age: 26                                   CDCR Inmate

Kimari Goodman                    Age: 33                                   Fresno, CA

Daejohne Hatcher                   Age: 25                                   Fresno, CA

Devante Jefferson                   Age: 29                                   CDCR Inmate

Keako Jones                            Age: 47                                   Fresno, CA

Homer Pitts                             Age: 48                                   Fresno, CA

Raven Solomon                      Age: 28                                   Fresno, CA

SUMMARY OF CHARGES

Indictment 1: Corruption Activities Stemming from the Grill

18 USC § 371                Conspiracy to Violate the Travel Act- Bribery (Count 1)

                                    Defendants: Hugie, Brown, Warsinger, and Hatcher

18 USC § 1952(a)(3)     Violation of the Travel Act- Bribery (Count 2)

                                    Defendants: Hugie

18 USC § 1952(a)(3)     Violation of the Travel Act- Bribery (Count 3-5)

                                    Defendants: Brown, Warsinger, and Hatcher

28 USC § 2461(c)          Criminal Forfeiture

Indictment 2: Fraud Activities Involving EDD

18 USC § 1349   –   Conspiracy; Mail Fraud

                                 Defendants: Brown, Jefferson, Solomon, Pitts, Goodman, Jones, and Hatcher

18 USC § 1028A – Aggravated Identity Theft

                              Defendants: Brown, Solomon, Pitts, and Goodman

AGENCIES

Federal Bureau of Investigation

California Department of Corrections and Rehabilitation

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