Month: June 2022

Source: United States Department of Justice 2

The Justice Department announced today that a man who allegedly purchased guns later used in multiple incidents in the United States and Canada has been charged with federal firearm crimes. According to court documents, Demontre Antwon Hackworth, 31, allegedly purchased at least 92 guns from federally licensed firearms dealers, including 75 guns in just six months from a single dealer that later relinquished its seller’s license.

“As part of the Department-wide anti-violent crime strategy we launched last year, we are marshalling the resources of every one of our U.S. Attorneys’ offices, law enforcement agencies, grant-making entities, and other components to work in partnership with state and local law enforcement to disrupt violent crime,” said Attorney General Merrick B Garland. “We are cracking down on the criminal gun-trafficking pipelines that flood our communities with illegal guns, and we have instructed our federal prosecutors and law enforcement agents to prioritize prosecutions of those who are responsible for the greatest gun violence. The case we are announcing today is just one example of those efforts.”

“The second amendment protects the rights of law-abiding citizens – but not prohibited persons, or those who arm them,” said U.S. Attorney Chad Meacham for the Northern District of Texas. “The U.S. Attorney’s Office, ATF Dallas, and the entire Department of Justice is working our level best to keep guns away from dangerous offenders before they can put finger to trigger.”

“Illegal firearms trafficking is not a victimless crime,” said Special Agent in Charge Jeff Boshek of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Dallas Field Division. “There are real consequences when individuals illegally engage in the business of buying and selling firearms. ATF will continue to use all available resources to strategically target and identify illegal firearms sales, trafficking patterns, and sources of crime guns; and to interrupt the illegal flow of firearms to criminal gang members, felons, firearm traffickers, and all persons who are otherwise prohibited from possessing firearms under federal law.”

Despite claiming to be the actual transferee (i.e. buyer) of the firearms, Hackworth allegedly engaged in the business of reselling the guns without a federal firearm license and without conducting required background checks. Federal law prohibits individuals engaging in the business of dealing in firearms – defined as repeatedly devoting time and attention to purchasing and reselling guns for pecuniary gain – from doing so without a license.

At least 16 of the guns Hackworth purchased are alleged to have been subsequently recovered in Texas, Maryland, and Canada from incidents that include homicide, aggravated assault, and drug trafficking.

As alleged in the indictment, according to an analysis by the ATF’s National Integrated Ballistic Information Network (NIBIN), three of the recovered guns had been used in multiple crimes. One gun was used in three separate criminal incidents – two aggravated assaults and one unlawful possession; and two more were used in two incidents each. At least 14 of the 16 recovered guns were recovered in incidents within one year of purchase. One was recovered from an incident just seven days after Hackworth purchased it.

Hackworth was indicted on June 7 for dealing firearms without a license and making false statements during the purchase of a firearm. He was arrested by ATF agents in Dallas on Friday and made his initial appearance in the Northern District of Texas on Monday. If convicted, he faces up to 35 years in federal prison, with a statutory maximum penalty of five years for dealing without a license and up to 10 years for each count of false statement during purchase. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The ATF’s Dallas Field Division, in partnership with the agency’s Crime Gun Intelligence Center (CGIC) program, conducted the investigation.

Assistant U.S. Attorney Suzanna Etessam is prosecuting the case with the help of Assistant U.S. Attorney Rick Calvert for the Northern District of Texas.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

The Office of the United States Attorney for the District of Vermont stated that on June 13, 2022, Kyle Tetreault, 31, formerly of Middlebury, was sentenced by U.S. District Court Judge William K. Sessions III to 37 months’ imprisonment and three years of supervised release. Tetreault also agreed to forfeit the firearms recovered from his residence. Tetreault had previously pleaded guilty to being a felon in possession of firearms, which carried a maximum sentence of up to 10 years’ imprisonment. 
 
According to court records, on May 14, 2021, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) assisted the Vermont Fish and Wildlife Department in executing a search warrant at Kyle Tetreault’s residence in Middlebury. The search warrant related to an investigation into a number of state crimes committed by Tetreault, including, failure to report big game, illegal taking of big game, and petit larceny. During the search, investigators found ten firearms and hundreds of rounds of ammunition. The firearms and ammunition were found throughout the house, some in plain view and others under household goods, such as the master bedroom mattress. Tetreault has multiple prior felony convictions and a 2015 federal felony conviction for being a felon in possession of a firearm. This instant conviction is Tetreault’s second conviction for being a felon in possession of a firearm.

After Tetreault’s sentencing, Sergeant Robert Currier of the Vermont Fish and Wildlife Department stated: “This case is an example of the Vermont Warden Service’s dedication to the protection of Vermont and its natural resources, which includes its strong working relationship with federal partners in law enforcement.” 

This matter was investigated by the ATF and the Vermont Fish and Wildlife Department. United States Attorney Nikolas P. Kerest commended the efforts of the ATF and the Vermont Fish and Wildlife Department in the investigation and prosecution of Tetreault.   

This case was prosecuted on behalf of the government by Assistant U.S. Attorney Wendy L. Fuller. Tetreault was represented by Assistant Federal Public Defender Mary Nerino.

This case was 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.  Please visit https://www.justice.gov/psn for more information.

Source: United States Department of Justice News

SACRAMENTO, Calif. — Akrum Alrahib, 43, of Miami, Florida, was sentenced today to five years in prison and ordered to pay over $10 million in restitution for conspiring to commit mail fraud in non-cigarette tobacco schemes that defrauded the State of California of over $10 million in unpaid excise taxes, U.S. Attorney Phillip A. Talbert announced.

Non-cigarette tobacco (known as Other Tobacco Products or OTP) consists of tobacco products such as cigars, chewing tobacco, and leaf tobacco. During the relevant time period, California imposed an average excise tax of about 28.13% of the wholesale cost of the OTP between April 2016 and June 2016; 27.30% between July 2016 and June 2017; and 65.08% between July 2017 and December 2017. California licensed tobacco distributors are required to collect this tax when they distribute the product within the state. The distributor must then submit to the California Department of Tax and Fee Administration (CDTFA) in Sacramento (formerly the Board of Equalization) monthly reports reflecting the amount of untaxed OTP sold in the previous month and the amount of excise tax owing, and the payment of the excise tax.

According to court documents, between April 2016 and December 2017, Alrahib led two conspiracies involving multiple individuals and businesses operating in California. As the leader, Alrahib provided untaxed OTP to various individuals and companies in California, knowing that the products would be sold illegally without collecting the required excise tax, resulting in a loss to the State of California of over $10 million in tax revenue.

“Today’s sentence is the result of a highly successful, collaborative effort involving federal and state investigators and prosecutors, working side-by-side,” U.S. Attorney Talbert stated. “We will continue to root out illegal conduct and tax evasion in the tobacco products industry.”

“The primary goal of ATF in combating tobacco trafficking is to enforce the federal laws relating to the trafficking of domestically produced and counterfeit cigarettes and tobacco products,” said Special Agent in Charge Patrick Gorman, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), San Francisco Field Division. “Partnerships are the backbone of law enforcement. ATF will continue to work alongside our partners to investigate incidents of illegal conduct and tax evasion of tobacco products.” 

“Tax evasion is a serious crime, depriving our communities of critical resources and exposing law-abiding businesses to unfair competition,” said California Department of Tax and Fee Administration Director Nick Maduros. “We will continue to work with federal and state prosecutors to bring tax evaders to justice.”

This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the California Department of Tax and Fee Administration. Assistant U.S. Attorneys Rosanne L. Rust and Michael D. Anderson prosecuted the case.

Source: United States Department of Justice News

SACRAMENTO, Calif. — Richard Beldon Waters III, 29, formerly of Contra Costa County, was sentenced today to four years in prison for bank fraud and possession of stolen U.S. mail, U.S. Attorney Phillip A. Talbert announced.

According to court documents, between April and August 2020, Waters and co-defendant Desiree Bello aka Desiree Sanchez, 28, of Contra Costa County, perpetrated a mail theft and bank fraud scheme throughout Northern California.

The scheme involved stealing U.S. mail from residential mailboxes and harvesting bankcards, identification documents, financial information, checks, and personally identifying information (PII) for use in fraudulent activity. Waters and Bello used the identification and PII of the mail theft victims to obtain money and property from banks and businesses.

On at least two occasions, Waters and Bello used identification documents and financial instruments of mail theft victims to purchase and lease vehicles from car dealerships. For example, on June 25, 2020, Bello entered a Hyundai dealership in Stockton to lease a new Hyundai Genesis G80 using a stolen identity. She made an initial $7,000 payment with a check in the victim’s name, and also submitted a lease application using the victim’s name, date of birth, California Driver’s License number, and Social Security Number. The dealership ultimately approved the application. Bello was able to drive the new G80, valued at approximately $55,490, off the lot.

Additionally, on two separate occasions in May 2020, Waters knowingly possessed stolen mail. On May 11, 2020, he was arrested in Folsom where he possessed over 300 pieces of stolen mail. Similarly, on May 18, 2020, he was arrested in El Dorado Hills where he possessed five large trash bags of mail that he and his co-schemers had just stolen minutes earlier from a residential complex.

This case was the product of an investigation by the U.S. Postal Inspection Service, the Stockton Police Department, the Folsom Police Department, the Concord Police Department, the Pittsburg Police Department, the El Dorado County Sheriff’s Office, the Sonoma County Sheriff’s Office, and the California Highway Patrol. Assistant U.S. Attorney Robert J. Artuz prosecuted the case.

In March 2022, Bello was sentenced to four years and nine months in prison for committing the same crimes as Waters.