Security News: Leader of Nationwide Wire Fraud Scheme that Exploited App-Based Rideshare and Food Delivery Companies Sentenced to Almost Three Years in Prison

Source: United States Department of Justice News

Assistant U.S. Attorney Kevin Mokhtari (619) 546-8402

NEWS RELEASE SUMMARY August 29, 2022

SAN DIEGO – Gustavo De Avila Moreira Farinha, the lead defendant in a nationwide wire fraud and identity theft scheme, was sentenced in federal court today to 34 months in prison.

De Avila is the last of five defendants to be sentenced in connection with the scheme, which targeted app-based rideshare and food delivery companies and their customers. 

In May 2021, five Brazilian nationals, including De Avila, were charged by criminal complaint and later by indictment with engaging in a nationwide conspiracy to establish fraudulent driver accounts with multiple internet and app-based rideshare and food delivery companies, including by using identities stolen from the very customers of those companies. De Avila’s co-defendant and long-term girlfriend, Tatiane Pereira Arantes, was sentenced earlier this month to more than 2½ years in prison, while De Avila’s other co-defendants—Natalia Magalhaes Rocha, Leonardo Trulsen De Oliveira, and Thassya Rebeca Da Silva Alves—were previously sentenced to 2 years and 4½ months, 2 years and 3 months, and 2 years, respectively. 

As set forth in his plea agreement and publicly filed sentencing documents, De Avila admitted that between 2018 and May 2021, he and his co-conspirators, all of whom were Brazilian nationals living in the United States illegally, operated a scheme to defraud major app-based rideshare and food delivery companies.  In Spring 2020, with the COVID-19 pandemic in full swing, the conspirators shifted away from the rideshare companies, which saw a dramatic decrease in traffic, to food, grocery and other delivery companies, which saw a corresponding and precipitous increase in demand. De Avila and his co-conspirators exploited the surge in demand by creating driver accounts with stolen identities, collecting referral bonuses from the fraudulent accounts, and by using, renting, and selling the accounts to others on these platforms, including people who were not otherwise qualified to drive for the platforms. 

De Avila and his co-conspirators also admitted that once they received payment from the rideshare and delivery companies, they laundered the money both to promote the conspiracy and to conceal the fact that the source of the funds was an elaborate fraudulent scheme.  While the fraudulent scheme targeted popular app-based rideshare and food delivery services, De Avila and his co-conspirators also stole and used the identities of close to 100 victims to create fraudulent driver accounts on the various platforms over the three-year conspiracy. 

Before imposing a 34-month sentence, U.S. District Judge Gonzalo P. Curiel stated that De Avila and his co-conspirators “harvested identities,” which left victims with a “lingering unknown” as to whether their identities were “in the ether” or in the hands of other criminals. 

“Today’s sentencing is the final step to achieving justice on behalf of dozens of victims whose identities were stolen,” said U.S. Attorney Randy S. Grossman. “All five defendants will spend at least two years in prison for sending their victims on a miserable journey to reclaim their good names. We are determined to pursue cases against identity thieves because these crimes have such a devastating impact on the everyday lives of victims.” Grossman thanked the prosecution team and agents from Homeland Security Investigations for their excellent work on this case.

“It’s great to see justice brought in this case” said Chad A. Plantz, Special Agent in Charge for Homeland Security Investigations, San Diego. “Technology-enabled crimes and identity theft cost U.S. consumers billions of dollars every year. HSI will continue to pursue financial fraud and identity theft investigations to hold criminals accountable.”

DEFENDANTS                                             Case Number 21CR1538-GPC    

Gustavo De Avila Moreira Farinha              Age: 30                                                                       Brazil

Tatiane Pereira Arantes                                  Age: 38                                                                        Brazil

Natalia Magalhaes Rocha                               Age: 30                                                                        Brazil

Leonardo Trulsen De Oliveira                        Age: 30                                                                        Brazil

Thassya Da Silva Alves                                  Age: 30                                       Brazil

SUMMARY OF CHARGES

Count 1 – Conspiracy to Commit Wire Fraud – Title 18, U.S.C., 1349
Maximum Penalty: Twenty years in prison, $250,000 fine

Count 2 – Conspiracy to Launder Monetary Instruments – Title 18, U.S.C., 1956(a)(1)(A)(i), (b)(i), and 1956(h)Maximum Penalty: Twenty years in prison, $500,000 fine or twice the value of the monetary instruments

Counts 3-17- Aggravated Identity Theft – Title 18, U.S.C., 1028AMaximum Penalty: Mandatory minimum of two years in prison, to run consecutively to the specified felony.

INVESTIGATING AGENCY

Homeland Security Investigations

Security News: Illinois Man Sentenced to 55 Years in Federal Prison for Killing Special Deputy U.S. Marshal Jacob Keltner

Source: United States Department of Justice News

ROCKFORD — A federal judge in Rockford today sentenced an Illinois man to 55 years in federal prison for the killing of Special Deputy U.S. Marshal Jacob Keltner.

A jury earlier this year convicted FLOYD E. BROWN, 43, of Springfield, Ill., of second-degree murder of a federal officer, attempting to kill additional federal officers, assault of federal officers, and multiple firearm offenses.  U.S. District Judge Matthew F. Kennelly imposed the sentence after a hearing in federal court.

The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, and Ashley T. Johnson, Acting Special Agent-in-Charge of the Chicago Field Office of the FBI.  Valuable assistance was provided by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Marshals Service, McHenry County Sheriff’s Office, Rockford Police Department, Winnebago County Sheriff’s Office, Bloomington Police Department, Loves Park Police Department, Lincoln Police Department, Logan County Sheriff’s Office, and Illinois State Police.  The government was represented by Assistant U.S. Attorneys Talia Bucci, Scott Paccagnini, and Ronald DeWald.

“Through the violent actions of Floyd Brown, the Keltner family lost a devoted son, husband and father, and the citizens of the Northern District of Illinois lost a dedicated public servant,” said U.S. Attorney Lausch.  “Special Deputy Keltner made the ultimate sacrifice in the service of our nation.  His bravery and dedication will not be forgotten.  We remain committed to prosecuting violence against federal law enforcement officers to the fullest extent of the law.”

“Special Deputy Keltner put his life on the line every day to protect and serve his community,” said FBI Acting SAC Johnson.  “Tragically, on March 7, 2019, he paid a terrible price for his dedication.  We will never stop working with our law enforcement and prosecutorial partners to remove violent offenders from our streets and safeguard those who care for our communities.”

Special Deputy Keltner was fatally wounded on March 7, 2019, when members of the U.S. Marshals Service Great Lakes Regional Fugitive Task Force and other law enforcement officers attempted to execute a warrant for Brown’s arrest at a Rockford hotel.  Special Deputy Keltner served as a McHenry County Sheriff’s deputy and was a sworn member of the task force.  Brown was wanted on a residential burglary charge.   

When the officers attempted to gain access to Brown’s third-floor hotel room, he fired ten shots through the door and nearby walls, narrowly missing a Deputy U.S. Marshal and two Special Deputy U.S. Marshals.  Brown then jumped out of a window and fired a shot that fatally struck Special Deputy Keltner, who was covering the exterior of the hotel. 

Brown was arrested several hours later near Lincoln, Ill., after a high-speed pursuit.

Security News: Acting Director Allison Randall of the Office on Violence Against Women Delivers Remarks at 2022 National Conference on Domestic Violence

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Good morning, everyone. I am so excited to be here with you today in St. Louis, the sacred and traditional homeland of the Osage people. And while I think it is essential to acknowledge the land we are on, it’s also essential to acknowledge that it’s meaningless if it’s not accompanied by action and by following the leadership of the Tribal advocates who are the mothers of this movement and who still guide the way. 

Because being guided by the people who are on the ground, doing the work, building the coalitions – being guided by the collective voices of everyone in this audience – that’s what we’re here for. You might not know it, but all of us in the federal government, including Congress, want to hear from you. We want to make better grants; we want to write better policies; we want to be sure that what we’re doing isn’t just reducing but is ending domestic and sexual violence.

I’m going to do site visits while I’m here to sit with advocates and attorneys and law enforcement, to sit in the dining room at the shelter and learn about what is happening right now. What are survivors telling us they need?

I often think about survivors I met when I worked in shelter programs in the ’90s. One night, I was working a late shift and the police dropped off a survivor who had jumped through a plate glass window to escape her partner strangling her. She had nothing with her. She wasn’t even wearing shoes. And even though she was all scratched up and she told me how scared she was to be trapped and unable to escape, she didn’t particularly want to be at the shelter.

But shelter was what we had to offer. It was our standard response. You’re in danger, police intervene, you come to the shelter…Now, I had been hesitant when the police called to check on space because the only open room in the shelter had a broken doorknob.

But there were no other options in town, and it was late at night, so you make do. Anyone here ever worked nights at a shelter? Yep, you know!

So, I took her to the room to get settled and when I went to leave, the doorknob stuck. And at first we couldn’t get out. She was trapped again and even though some jiggling eventually got it open, that was terrifying.

Well, I show up the next morning, eager to check in with her, and she had left. She still didn’t have any shoes. She had walked out into the night barefoot rather than stay in that room, in that shelter.

A lot has changed since the ’90s but much is still the same, like how shelters need resources – not just to fix the doorknobs that break but to meet survivors where they are. To provide access to long-term housing and cash assistance and attorneys and childcare and transportation and meaningful language access.

And I think about what this survivor really needed, beyond shelter. What was she asking me for, that I didn’t provide?

The work of supporting survivors is constantly evolving, especially these past few years as the pandemic made it more difficult for survivors to escape violence and made it harder for advocates to reach and assist those survivors. I know you are exhausted. But you’re here! I’m so thankful that Ruth Glenn and the NCADV (National Coalition Against Domestic Violence) team were able to convene this amazing conference. Take this opportunity to celebrate what you’ve achieved together in the face of so many challenges.

Thanks to NCADV and to many of you, the Violence Against Women Act, or VAWA, was reauthorized last spring. We are actually a couple weeks shy of the 28th anniversary of the first VAWA being signed into law. VAWA’s policies and funding are not perfect but have helped communities across the country respond effectively when a survivor asks for help. My office, the Office on Violence Against Women (OVW), implements VAWA. We provide half a billion dollars in funding for services, legal assistance, outreach, prevention, transitional housing, justice system responses – a little bit of all the many systems intended to help survivors.

We also provide leadership at the federal level. We advocate for survivors. We bring your stories into the halls of Congress and the Attorney General’s office. We are an office full of advocates and survivors ourselves, and we are behind the scenes fighting for you. All of you have been, and continue to be, a fundamental part of the progress we have made as a movement in the last thirty years. You have cobbled together what resources you could find and combined that with grit and ingenuity to open doors — literally and figuratively — to survivors who needed a safe place to go. And now you are reenergizing our work to ensure that every single survivor gets what they need, on their own terms. 

And that is why I’m pleased to announce over $30 million in grant awards under five VAWA programs designed to ensure that VAWA dollars reach communities where survivors often face disproportionately high rates of victimization or encounter more barriers to safety and justice. Two of these programs, the Culturally Specific Services Program and the Sexual Assault Culturally Specific Services Program, are designed to ensure survivors can get services at places they trust to support them in ways that reflect and honor their cultural backgrounds and meet their linguistic needs. At organizations that are by and for the community. Our Underserved Program strengthens access to services for survivors from underserved communities, particularly LGBTQ, immigrant, and deaf/hard of hearing communities. And our Abuse in Later Life Program and Disabilities Program address, respectively, the unique needs of older adults and survivors with disabilities.

The harm caused by domestic and sexual violence is uniquely personal and our responses as people are always grounded in our communities. You need to be able to practice your faith without having to explain yourself, or cook familiar food for your kids without being criticized for how it smells. Where you don’t have to code switch. Where you are safe to bring your whole self and all your identities. Where people just get it because they have been there, too. To get safety and justice – and to thrive – we all need people who speak our language in every sense of the word. That’s why OVW has and will continue to prioritize funding for culturally specific and population-specific services.

Just as victim services can’t be one-size-fits-all, neither can justice. All survivors deserve access to justice – however they define it. For some survivors, that’s never going to be the police, and when confronted with the choice between 911 or nothing, they choose nothing. Survivors deserve options, to be able to choose what they know will be the safest decision for them. The 2022 reauthorization of VAWA includes a new restorative practices program, and more flexibility under existing programs. OVW can now support survivors who seek restoration to their well-being through alternative pathways to accountability.

At the same time, there are many survivors who do want a law enforcement response, who want police to believe them and prosecutors to take action. They want to have their day in court or to ensure that the person who hurt them never harms another person.

For these survivors and for the law enforcement officers who risk their lives responding to domestic violence, the Department of Justice released updated guidance to improve law enforcement responses to sexual assault and domestic violence by identifying and preventing gender bias.

The guidance lays out a set of eight principles that – if integrated into policies, trainings and practices – help ensure that gender bias does not undermine investigations and re-traumatize survivors. We took feedback from a range of stakeholders – advocates, civil rights experts and law enforcement leaders – to inform the revisions to this guidance, which was initially released in 2015. It offers expanded case examples to illustrate why this guidance is needed and what it looks like in action. It addresses how biases beyond gender bias intersect when survivors seek safety and redress through the criminal justice system. It goes into greater depth about properly identifying the predominant aggressor in domestic violence cases, and it provides concrete descriptions of what trauma-informed approaches are.

Supporting police agencies’ implementation of this guidance is a priority for Associate Attorney General Vanita Gupta, and builds on the department’s efforts to increase meaningful access to justice and reduce violent crime. We hope you and your law enforcement and prosecution partners can and will use the updated guidance as a tool to make the justice system more navigable for survivors.  

Everything we do at OVW — expanding culturally specific services, enhancing pathways to justice beyond what the criminal justice system offers, and improving the law enforcement response — we do because we are relentlessly focused on changing the world by supporting all of you who are on the front lines.

We know how critical it is to have adequate funding and resources to do this work. We know because our grantees are telling us about the impact of VAWA funds in their communities. We know because you’re using your voice, you’re telling us what you need. You are making sure that survivors are heard in every corner of this nation. Don’t ever stop. Thank you.           

Security News: Office on Violence Against Women Awards $30.59 Million to Improve Services for Underserved Populations and Provide Culturally Specific Services

Source: United States Department of Justice News

The Department of Justice’s Office on Violence Against Women (OVW) announced today nearly $31 million in upcoming grant awards to improve outreach, services and support for survivors of sexual assault, domestic violence, dating violence, and stalking from underserved communities and culturally specific populations. Specifically, OVW’s Grants to Enhance Culturally Specific Services and Sexual Assault Services – Culturally Specific Programs will award a combined total of $18,315,762 through 59 grants to promote community-based programs that offer culturally and linguistically specific services. Under the Grants for Outreach and Services to Underserved Populations Program, OVW will award $4,499,858 to 10 grantees to provide victim services and deploy outreach strategies tailored to the needs of survivors from underserved populations. OVW’s Disabilities Grant Program will award $4,119,788 for 10 projects to build community-wide capacity to provide accessible, safe, and effective services for survivors with disabilities and Deaf individuals. In addition, under the Abuse in Later Life Program, OVW will award $3,650,833 to six grantees to create multidisciplinary partnerships for a comprehensive approach to address elder abuse. OVW Acting Director Allison Randall announced the funding at the 2022 National Conference on Domestic Violence.

“By advancing equity for all, we can promote public safety and increase public trust,” said Associate Attorney General Vanita Gupta. “Today’s announcement furthers OVW’s work to implement the Department of Justice’s Equity Action Plan. By increasing grant awards to culturally specific, community-based organizations OVW is helping to reduce violence and advance civil rights.” 

“It is imperative that we think about barriers that stand between survivors and their access to justice, safety, and healing – including barriers in our own services and systems – and commit ourselves to breaking down those barriers,” said Acting Director Randall. “At OVW, we are making that commitment by enhancing funding for organizations that are operated by and for communities of color and historically marginalized and underserved populations. In this year’s grant solicitations, we prioritized funding for culturally specific, community-based organizations, Tribal organizations, and population-specific organizations. This is critical, because advocates report that survivors are more likely to seek services from organizations they can trust are familiar with their culture, their language and their background.”

OVW’s Culturally Specific Services Program funds the development of innovative culturally and linguistically specific approaches that offer survivors services they might not be able to find at mainstream organizations. The Disabilities Program funds education, training, services, and capacity building to ensure people with disabilities can safely and fully access resources in their communities for survivors of sexual and domestic violence. Through training and services, the Abuse in Later Life Program addresses elder abuse, neglect and exploitation, including domestic violence, dating violence, sexual assault or stalking, against victims who are 50 years of age or older.

OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.

Security News: Former Eastern Kentucky Correctional Officer Pleads Guilty to Assaulting Restrained Inmate

Source: United States Department of Justice News

Jeffery T. Havens, 27, a former Eastern Kentucky Correctional Center (EKCC) officer from West Liberty, Kentucky, pleaded guilty today before U.S. District Judge David Bunning, to one count of depriving an inmate of his civil rights.  

According to his plea agreement, Havens admitted that on July 24, 2018, he and another EKCC correctional officer assaulted an inmate who had been taken to an isolated shower cell. Havens admitted that he held the inmate against the ground while his fellow correctional officer punched and kicked the inmate in the head. Havens joined in the assault by punching the inmate multiple times. At the time of the assault, the inmate was unresisting, lying face-down and wearing handcuffs and leg shackles. 

On July 12, in a related case, former EKCC officer Derek Mays pleaded guilty to four counts of obstruction of justice based on his efforts to cover up the same assault.

Havens is scheduled to be sentenced on March 13, 2023. He faces a maximum sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. However, any sentence will be imposed by the court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office; and Colonel Phillip Burnett Jr. Commissioner of Kentucky State Police (KSP), jointly announced the guilty plea.

The FBI, KSP and the Kentucky Justice and Public Safety Cabinet conducted the investigation. Assistant U.S. Attorneys Zach Dembo and Mary Melton for the Eastern District of Kentucky and Trial Attorney Thomas Johnson of the Justice Department’s Civil Rights Division prosecuted this case.