Security News: Woman Sentenced to 70 Months in Prison for Multiple Robberies

Source: United States Department of Justice News

A woman who robbed four stores and attempted to steal a woman’s purse at another was sentenced Friday in federal court, announced U.S. Attorney Clint Johnson.

Bowman pleaded guilty on Jan. 7, 2022, to four counts of robbery in Indian Country and one count of attempted robbery in Indian Country.

On Oct. 2, 2021, Bowman robbed a Dollar General cashier, stealing $372 from the store’s cash register. She assaulted the victim by spraying him in the eyes and face with bed bug spray and grabbed the cash.

She further pushed a second cashier and stole $262 from the cash register at a CVS Pharmacy on Oct. 8, 2021. She also pushed, fought, grabbed and pulled a third cashier away from the register and stole $36 at another CVS Pharmacy on Oct. 10, 2021, and about eight hours later, fought and struggled with a cashier and store manager to steal cigarettes and cash at a Walgreens Pharmacy.

Finally, on Oct. 18, 2021, Bowman unsuccessfully attempted to steal an elderly woman’s purse at a Tulsa Walgreens. Bowman fled the location when the woman refused to let go of the purse, but she was stopped shortly after the crime by a Tulsa Police Officer. Bowman told the officer that she believed she was “untouchable” because she was a tribal citizen on a reservation.

“Valerie Bowman thought she was ‘untouchable’ when she robbed four stores by assaulting cashiers and attempted to rob an elderly woman,” said U.S. Attorney Clint Johnson. “She learned she wasn’t. Through federal, state and tribal cooperation, law enforcement officers have been cross commissioned so they can investigate cases involving Native Americans on reservations. Through those critical partnerships, defendants like Bowman are being held accountable for their crimes.”

The Tulsa Police Department and FBI conducted the investigation. Assistant U.S. Attorney Thomas E. Buscemi prosecuted the case.

Security News: Quebec Man Pleads Guilty to Conspiracy to Import and Distribute Fentanyl

Source: United States Department of Justice News

Jason Joey Berry, 39, of Montreal, Canada, pleaded guilty today to conspiracy to distribute fentanyl and import it into the United States, resulting in serious bodily injury and death. The criminal conspiracy involved distributing fentanyl and other similar substances from Canada and China into the United States, resulting in 15 overdoses, four of which were fatal.

According to court documents, Berry arranged the distribution of fentanyl and fentanyl analogues to the United States and elsewhere while incarcerated in a Canadian prison. Berry led the conspiracy in Canada with another inmate, Daniel Vivas Ceron, 41, who pleaded guilty in July 2019 to continuing criminal enterprise, conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and money laundering. This investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks, North Dakota, of Bailey Henke.

“Jason Berry was part of a fentanyl trafficking ring that contributed to the opioid epidemic plaguing our communities,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.  “This case sends a clear message that the Criminal Division is committed to protecting those communities, combating the flow of deadly drugs like fentanyl, and holding accountable drug traffickers seeking to turn a profit on addiction.”

Berry pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death. He is scheduled to be sentenced on Jan. 17, 2023, and faces a mandatory minimum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Additional defendants charged in federal court in this investigation include:

District of North Dakota

  • Jian Zhang, aka Hong Kong Zaron, 43, of China; Xuan Cahn Nguyen, aka Jackie and Jackie Chan, 42, of Quebec Canada; Marie Um, aka Angry Bird, 41, of Quebec, Canada; and Vannek Um, 44, of Quebec, Canada were charged by a superseding indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money launder conspiracy were Na Chu, 41; Yeyou Chu, 40; Cuiying Liu, 66; and Keping Zhang, 66, all Chinese nationals. On May 31, Nguyen pleaded guilty to conspiring to distribute and import fentanyl and fentanyl analogues and conspiring to launder money;
  • On March 22, 2018, Steven Barros Pinto, aka Yeaboy, 41, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribution of controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death, and continuing criminal enterprise. On Nov. 28, 2018, a superseding indictment was filed adding the charges of obstruction of justice and money laundering conspiracy.  On July 9, 2021, a federal jury convicted Pinto for conspiring to import and distribute fentanyl and fentanyl analogues, continuing criminal enterprise, money laundering conspiracy, and multiple obstruction offenses. He was sentenced on Oct. 14, 2021, to serve 400 months in federal prison;
  • Brandon Corde Hubbard47, of Portland, Oregon, pleaded guilty to conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death, and money laundering conspiracy.  He was sentenced on July 13, 2016, to serve life in federal prison;
  • Ryan Jon Jensen, 27, of Grand Forks, North Dakota, pleaded guilty on Feb. 27, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death, one count of distribution of a controlled substance resulting in death, two counts of distribution of a controlled substance resulting in serious bodily injury, and money laundering conspiracy. He was sentenced on Feb. 1, 2016, to serve 240 months in federal prison; 
  • Joshua Tyler Fulp, 27, of Grand Forks, pleaded guilty on June 23, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death. He was sentenced to serve 144 months in federal prison;
  • Kain Daniel Schwandt, 26, of Grand Forks, pleaded guilty on July 24, 2015, to conspiracy to distribute controlled substances. He was sentenced on Jan. 25, 2016, to serve 42 months in federal prison;
  • David Todd Noye Jr., 121, of Grand Forks, pleaded guilty on May 4, 2015, to conspiracy to distribute controlled substances. He was sentenced on Jan. 25, 2016, to serve 39 months in federal prison;
  • Jameson Robert Sele, 27, of Grand Forks, pleaded guilty to conspiracy to distribute controlled substances. He was sentenced on July 27, 2015, to serve 36 months in federal prison;  
  • Braden James Foley, 35, of Olympia, Washington, pleaded guilty on Aug. 11, 2016, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on Nov. 21, 2016, to serve 30 months in federal prison;
  • Anthony Santos Gomes, 37, originally of Rhode Island and Davie, Florida, pleaded guilty to conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death and money laundering conspiracy. In addition to pleading guilty, Gomes agreed to forfeit a residence located in Davie, Florida; $162,836.00 in cash; a 2007 Maserati Quattroporte; a 2017 Polaris Sportsman XP ATV; and assorted jewelry valued at $64,725.00. He was sentenced on July 30, 2021, to serve 360 months in federal prison;
  • Amanda Schneider, 32, of Port St. Lucie, Florida, pleaded guilty on Sept. 17, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. She was sentenced on Jan. 17, 2019, to serve 15 months in federal prison;
  • Keveen Nobre, 32, of Providence, Rhode Island, pleaded guilty on Oct. 10, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 30 months in federal prison;
  • Robinson Gomez, 39, of Charlotte, North Carolina, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 180 months in federal prison;
  • David Campbell, 61, of Plantation, Florida, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 120 months in federal prison;
  • Louis Bell, 34, of Port St. Lucie, Florida, pleaded guilty on Nov. 8, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 18, 2019, to serve 201 months in federal prison;
  • Elizabeth Ton, 31, of Davie, Florida, pleaded guilty on June 18, 2018, to money laundering conspiracy. She was sentenced on March 8, 2019, to serve 41 months in federal prison; and
  • Danny Gamboa, 25, of Pawtucket, Rhode Island, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 25 months in federal prison.

District of Oregon

  • Channing Lacey, 35, of Portland, Oregon, pleaded guilty on March 28, 2017, to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death. She was sentenced on Aug. 28, 2017, to serve 135 months in federal prison;
  • Steven Fairbanks Locke, 46, of Portland, pleaded guilty on June 14, 2017, to use of a communication facility to facilitate a drug offense. He was sentenced on Sept. 4, 2019, to time served; and
  • Carissa Marie Laprall, 27, of Portland, pleaded guilty on March 28, 2017, to three counts of distribution of a controlled substance resulting in serious bodily injury. She was sentenced on Jan. 30, 202 to time served.

This case was investigated by Homeland Security Investigations, the U.S. Drug Enforcement Administration, the U.S. Postal Inspection Service, Grand Forks Narcotics Task Force, IRS Criminal Investigation, Royal Canadian Mounted Police, Portland Police Bureau – Narcotics and Organized Crime Division, Oregon/Idaho HIDTA Interdiction Task Force, Oregon State Police, and the Grand Forks Police Department. The Justice Department’s Office of International Affairs provided valuable assistance.

Trial Attorneys Kaitlin Sahni and Imani Hutty of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorney Chris Myers of the U.S. Attorney’s Office for the District of North Dakota, and Assistant U.S. Attorney Scott Kerin of the U.S. Attorney’s Office for the District of Oregon are prosecuting the case.

Security News: Justice Department and HHS Issue Guidance on Nondiscrimination in Telehealth the Week of the 32nd Anniversary of the Americans with Disabilities Act

Source: United States Department of Justice News

Guidance Provides Clarity on How Federal Nondiscrimination Laws Require Accessibility for People with Disabilities and Limited English Proficient Persons in Health Care Provided via Telehealth

As we commemorate the 32nd anniversary of the Americans with Disabilities Act (ADA), the Justice Department and the Department of Health and Human Services (HHS) are partnering to publish guidance on the protections in federal nondiscrimination laws, including the ADA, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and Section 1557 of the Patient Protection and Affordable Care Act, requiring that telehealth be accessible to people with disabilities and limited English proficient persons. These laws work in tandem to prohibit discrimination and protect access to health care. The guidance is on the HHS website here and on the Justice Department website here.

“Telehealth has become an evolving and common pathway for accessing healthcare, particularly as our society becomes increasingly digitized,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “It is critical to ensure that telehealth care is accessible to all, including patients with disabilities, those with limited English proficiency and people of all races and national origins. Federal civil rights laws protect patients from discrimination regardless of whether they are receiving health care online or at the doctor’s office. The Department of Justice will vigorously enforce the ADA and other civil rights laws to ensure that health care providers offering telehealth services are doing so free from discrimination.”

“We have seen important expansions in health care technologies, such as telehealth, that provide great convenience and help for people seeking care,” said Acting Director Melanie Fontes Rainer of HHS’s Office for Civil Rights. “This guidance makes clear that there is a legal obligation to ensure that all people receive full access to needed health care and can connect to telehealth services, free of discriminatory barriers. While we celebrate the progress of the ADA, we know how important it remains to uphold the rights of people with disabilities and other protected individuals to make our country accessible and inclusive for all. That work has been a priority of this Administration from day one, and President Biden’s Executive Order on advancing equity explicitly includes people with disabilities in its call for comprehensive action.”

Technological developments and the COVID-19 public health emergency have increased the importance of providing telehealth and greatly expanded its use. Telehealth can take many forms, including communication between a patient and a health care provider via video, phone or other electronic means. While telehealth has many benefits, including making health care more available and convenient, certain populations may face discrimination or other barriers in accessing care provided via telehealth. For example:

  • A person who is blind or has limited vision may find that the web-based platform their doctor uses for telehealth appointments does not support screen reader software.
  • A person who is deaf and communicates with a sign language interpreter may find that the video conferencing program their provider uses does not allow an interpreter to join the appointment from a separate location.
  • A limited English proficient person may need instructions in a language other than English about how to set up a telehealth appointment.

The HHS Office for Civil Rights and Justice Department’s Civil Rights Division have collaborated to provide this new guidance to help health care providers better understand their nondiscrimination obligations and patients better understand their rights under federal law in this area. The guidance provides examples of actions that may be discriminatory and describes steps that providers may need to take to ensure that health care offered via telehealth is accessible. The guidance also provides a list of resources that providers and patients may wish to consult for additional information about telehealth and civil rights protections.

If you believe that you or someone else has been discriminated against because of your race, color, national origin, disability, age, sex or religion in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

If you believe that a telehealth provider has violated your or another person’s civil rights, you may file a complaint with the Department of Justice Civil Rights Division at: https://civilrights.justice.gov/#report-a-violation.

Security News: Federal Jury Finds Meridian Man Guilty of Attempted Witness Tampering

Source: United States Department of Justice News

Jackson, Miss. – On Wednesday, July 27, 2022, a federal jury convicted a Meridian, Mississippi man on two counts of Attempted Witness Tampering.

In June 2018, Daniel Robert was arrested on an outstanding warrant in a narcotics trafficking case that spanned multiple states from 2007 through 2009. Robert was indicted in 2009 and on the run until his capture in June 2018. Soon after his arrest, Robert made numerous phone calls to his family members directing them to tell witnesses not to appear for trial by avoiding subpoenas, to testify that they could not remember facts of the case, or to simply refuse to testify.  Daniel Robert even went so far as to request the preparation of a false affidavit.

In January 2020, Daniel Robert was convicted of his narcotics trafficking charges following a three-day trial. Daniel Robert is currently serving a sentence of 330 months in the custody of the Bureau of Prisons for those narcotics trafficking convictions.

Robert again chose to go to trial and was convicted this week of two counts of witness tampering. He is scheduled to be sentenced on November 3, 2022 for the witness tampering convictions by U.S. District Judge Kristi H. Johnson, and faces a maximum sentence of 20 years and a $250,000 fine for each count.  Those sentences will be imposed in addition to the sentence Daniel Robert received for his narcotics trafficking crimes. 

U.S. Attorney Darren J. LaMarca of the Southern District of Mississippi and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation made the announcement.

The FBI investigated the case.

Criminal Chief Erin O. Chalk and Assistant U.S. Attorney Charles W. Kirkham are prosecuting the case.

Security News: Former Huntsville Business Executive Charged With Wire Fraud

Source: United States Department of Justice News

BIRMINGHAM, Ala. – Federal prosecutors have charged a Round Rock, Texas man with wire fraud for embezzling from his employer, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp Jr.

A one-count information filed yesterday in U.S. District Court charges Steve Ray Shickles, Jr., 43, of Round Rock, Texas, with wire fraud.

According to the information, between January 2012 and January 2019, while employed as the Chief Operating Officer for Simple Helix, LLC in Huntsville, Shickles devised and executed a scheme to fraudulently obtain money from Simple Helix. As part of the scheme, Shickles gained access to PayPal accounts of Simple Helix and made multiple unauthorized charges, withdrawals, and transfers from those accounts to pay for personal expenses. Shickles also created a fraudulent email account for Simple Helix and caused funds intended for Simple Helix to be deposited into personal accounts of Shickles. Shickles took steps to conceal his fraudulent activities by causing a computer-generated report of financial activities of Simple Helix to exclude his fraudulent transactions. The fraudulent transfers caused by Shickles resulted in a loss to Simple Helix of over $2.1 million dollars.

“White-collar crimes imperil the livelihood of every employee and their families. Vigorous enforcement against white-collar criminals is the best deterrent and means to protect the integrity of our community institutions,” said United States Attorney Prim F. Escalona.

The maximum penalty for wire fraud is 20 years in prison and a $250,000 fine.

FBI investigated the case.  Assistant U.S. Attorney Michael R. Pillsbury is prosecuting the case.

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