Security News: Executive Pleads Guilty to Criminal Attempted Monopolization

Source: United States Department of Justice

The president of a paving and asphalt contractor based in Billings, Montana, has pleaded guilty to attempting to monopolize the market for highway crack-sealing services in Montana and Wyoming. 

According to the one-count felony charge filed on Sept. 19 in the U.S. District Court for the District of Montana, Nathan Nephi Zito attempted to monopolize the markets for highway crack-sealing services in Montana and Wyoming by proposing that his company and its competitor allocate regional markets. The charge states that as early as January 2020, Zito approached a competitor about a “strategic partnership” and proposed that the competitor stop competing with Zito’s company for highway crack-sealing projects administered by Montana and Wyoming. In return, Zito’s company would stop competing with the competitor for projects administered by South Dakota and Nebraska. Zito offered to pay his competitor $100,000 as additional compensation for lost business in Montana and Wyoming. Zito further proposed that he and his competitor enter into a sham transaction to disguise their collusion. The charge states that Zito intended to monopolize the highway crack-sealing services markets in Montana and Wyoming. Today, the District Court accepted the guilty plea that was allocuted on Oct. 14, when Zito admitted to the facts contained in the charge.

“Congress criminalized monopolization and attempted monopolization to combat criminal conduct that subverts competition,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Justice Department will continue to prosecute blatant and illegitimate monopoly behavior that subjects the American public to harm.”

“Any effort to cheat American taxpayers by subverting the government contracting process will be vigorously pursued by our office and our law enforcement partners,” said U.S. Attorney Jesse Laslovich for the District of Montana. “The result in this case shows that any person or entity in Montana that attempts to stifle competition by violating our federal antitrust laws will be held accountable for their criminal actions.”

“Maintaining our highway infrastructure is important to sustaining American prosperity,” said Inspector General Eric J. Soskin of the Department of Transportation. “U.S. taxpayers should have confidence in the integrity of the bidding process so that transportation dollars are spent on real improvements, not monopoly profits.”

Zito pleaded guilty to one count of attempted monopolization in violation of the Sherman Act. He faces a maximum sentence of 10 years’ imprisonment and a maximum fine of $1 million. The defendant’s sentencing has been scheduled for Feb. 23, 2023. 

The guilty plea is the result of a joint investigation conducted by the Antitrust Division’s San Francisco Office, the U.S. Attorney’s Office for the District of Montana and the Department of Transportation Office of Inspector General as part of the Justice Department’s Procurement Collusion Strike Force (PCSF). In November 2019, the Department of Justice created the Procurement Collusion Strike Force (PCSF), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to defense-related spending, go to https://www.justice.gov/procurement-collusion-strike-force.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

Security News: Member of Southwest Baltimore “NFL” Gang Sentenced to 29 Years in Federal Prison for a Racketeering Conspiracy, Including Two Murders and an Attempted Murder

Source: United States Department of Justice News

Defendant Also Distributed Large Quantities of Heroin, Fentanyl, and Cocaine in Furtherance of the Criminal Enterprise

Greenbelt, Maryland – On October 28, 2022, U.S. District Judge Paul W. Grimm sentenced Bobby Cannon, a/k/a Freaky, age 24 of Baltimore, to 29 years in federal prison, followed by five years of supervised release, for participating in a violent racketeering conspiracy, specifically, the NFL Criminal Enterprise, including committing two murders.  The term NFL stands for Normandy, Franklin, and Loudon, which are three adjacent streets that run through the Edmondson Village.  Members of NFL have social and familial ties to the Edmondson Village neighborhood in southwest Baltimore. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration, Washington Division; Chief Marcus Jones of the Montgomery County Police Department; and Commissioner Michael Harrison of the Baltimore Police Department.

According to his guilty plea, from at least 2016 through March 26, 2020, Bobby Cannon was a member of the NFL Criminal Enterprise, which engaged in a pattern of criminal racketeering activity including murder, narcotics trafficking and smuggling, illegal firearms possession, bribery, witness intimidation, and witness retaliation.  Cannon admitted that he participated in illegal activities with other NFL Enterprise members, including committing two murders and an attempted murder, and distributing large quantities of heroin, fentanyl, and cocaine. 

As detailed in Cannon’s plea agreement, in 2018, co-defendant James Roberts and other NFL members offered money for the murder of an individual who was believed to be a federal witness cooperating with law enforcement regarding NFL.  On June 16, 2018, Cannon walked up to the porch of a house in Edmondson Village, where the individual and his girlfriend were sitting.  Cannon shot them both multiple times, killing them.  Cannon was subsequently paid by Roberts for committing the murders, which Cannon agrees was in furtherance of the NFL Criminal Enterprise.

In late 2018, Cannon was recruited by NFL to murder another individual in exchange for money and in furtherance of the NFL Criminal Enterprise.  Cannon planned the murder for several weeks and learned that the individual resided in a halfway house in East Baltimore.  On January 4, 2019, Cannon borrowed a car from a female associate in southwest Baltimore and later drove the car to the vicinity of the halfway house, where Cannon waited for the individual.  After several hours, Cannon saw the individual on the street and shot the individual multiple times in the arm, back, neck, and buttocks.  The individual sustained life-threatening injuries but survived the shooting.

Following the shooting, Cannon abandoned the car and notified the female associate, who then falsely reported to the Baltimore Police that her car was stolen.  Cannon then notified the NFL Criminal Enterprise that he attempted to murder the individual but failed to kill him.

In April 2019, the FBI arrested members of the NFL Criminal Enterprise, but not Cannon.  On a recorded jail call following the arrests, incarcerated NFL members instructed Cannon to continue distributing narcotics for the NFL.  Cannon took over a drug phone used by the NFL Criminal Enterprise so that he could continue to sell narcotics to drug customers of the organization.

On December 28, 2019, Baltimore Police officers found Cannon unconscious in a parked van. During their interaction, officers saw that Cannon had a gun, which they recovered from his jacket pocket.  Officers then searched Cannon’s van and recovered over 98 grams of fentanyl, which Cannon agrees he possessed with the intent to distribute it.

Cannon admitted in his plea agreement that over the course of the racketeering conspiracy, Cannon and his co-conspirators distributed over one kilogram of heroin, more than 400 grams of fentanyl, and more than 280 grams of crack cocaine.

More than 30 defendants in this and related cases have pleaded guilty and been sentenced to between 15 years and time served.  NFL member James Henry Roberts, a/k/a “Bub,” age 32, of Baltimore, Maryland, pleaded guilty on October 3, 2022, along with gang leader Gregory Butler, a/k/a “Gotti,” “Sags,” and “Little Dick,” age 31, also of Baltimore, to conspiracy to participate in a racketeering enterprise related to their activities in the NFL gang.  They are expected to be sentenced to 30 years in federal prison.  On October 7, 2022, the final defendant in the case, D’Andre Preston, age 26, of Baltimore, pleaded guilty to his participation in the NFL racketeering conspiracy, including a murder, and is expected to be sentenced to 25 years in federal prison.  Judge Grimm has scheduled sentencing for all three defendants on December 9, 2022.

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN).  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

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.  Project Safe Neighborhoods (PSN) is 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.

This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

United States Attorney Erek L. Barron commended the FBI, the DEA, the Montgomery County Department of Police and the Baltimore Police Department for their work in the investigation.  Mr. Barron commended the U.S. Postal Inspection Service; the City of Rockville Police Department; the Baltimore County and Howard County Police Departments; the Frederick County Sheriff’s Office; the Maryland State Police; the West Virginia State Police; the Virginia State Police; the Warren County (VA) Sheriff’s Department; the Winchester (VA) and Front Royal (VA) Police Departments; and the Frederick County and Howard County State’s Attorney’s Offices for their assistance in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorneys John W. Sippel, Jr., James T. Wallner, and Robert I. Goldaris, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.   

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Security News: Montenegrin National Charged in Brooklyn Federal Court with Maritime Narcotrafficking of Over 20 Tons of Cocaine

Source: United States Department of Justice News

Goran Gogic, a Former Heavyweight Boxer, Allegedly Used Commercial Container Ships to Transport Over $1 Billion Worth of Cocaine from Colombia to Europe via the United States

Seizure of Cocaine from the MSC Gayane at the Port of Philadelphia Was One of the Largest in U.S. History

An indictment was unsealed today in federal court in Brooklyn charging Goran Gogic with one count of conspiracy to violate the Maritime Drug Law Enforcement Act and three counts of violating the Maritime Drug Law Enforcement Act.  Gogic, a citizen of Montenegro, and a former heavyweight boxer, was arrested last night as he attempted to board an international flight from Miami International Airport.  Gogic is expected to appear this afternoon in federal court in Miami and will be arraigned in the Eastern District of New York at a later date.  

Breon Peace, United States Attorney for the Eastern District of New York; Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Frank A. Tarentino, III, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Wayne A. Jacobs, Special Agent-in-Charge, Federal Bureau of Investigation, Washington, D.C. Field Office (FBI); Keechant L. Sewell, Commissioner, New York City Police Department (NYPD); and Steven A. Nigrelli, First Deputy Superintendent, New York State Police (NYSP), announced the arrest and charges.

“The arrest and indictment of Gogic, a former boxer allegedly responsible for trafficking a staggering amount of cocaine, more than 20 tons, which he attempted to move through U.S. ports, is a resounding victory for law enforcement,” stated United States Attorney Peace.  “The meticulous planning by the defendant and his co-conspirators failed to take into account the federal agents whose hard work resulted in this body blow to the organization and individuals responsible for distributing massive quantities of cocaine.”

Mr. Peace also thanked the U.S. Attorney’s Office for the Eastern District of Pennsylvania for its assistance in the investigation. 

“Gogic, as alleged, is a major drug trafficker who, along with his criminal associates, is responsible for overseeing long-range narcotics transportation on container ships as well as the wholesale distribution of cocaine throughout Europe.  Today’s arrest sends a message to narcotraffickers worldwide that they are not free to hijack international maritime commerce with impunity,” stated HSI Special Agent-in-Charge Arvelo.  “HSI, along with our partners, will continue to leverage our unique investigative authorities to aggressively pursue drug traffickers who seek to exploit legitimate industries.”

“A billion dollars’ worth of cocaine seized was a heavy hit for Gogic’s criminal network, but nothing heavier than his arrest last night,” said DEA Special Agent-in-Charge Tarentino.  “As evident in this case, criminal organizations will go to various extremes to make a profit off the sale of poison. Due to the hard work by local, state and federal law enforcement, 20 tons of poison was intercepted en route from Colombia to Europe. Gogic’s arrest underscores law enforcement’s commitment to bringing to justice those responsible for causing the most harm to our communities.”

“Gogic allegedly conspired with drug suppliers, ships’ crewmembers, and port workers to traffic massive quantities of cocaine through the U.S. to Europe via commercial cargo ships,” said Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office’s Criminal/Cyber Division. “His arrest demonstrates the FBI’s and our partners’ global reach and resolve to bring narcotraffickers to justice for violating U.S. laws and exploiting maritime commerce.”

“When building a case against a sophisticated drug trafficker like Goran Gogic, operating on a mammoth scale, it is critical that federal, state, and local law enforcement work in close coordination, sharing resources and information,” stated NYPD Commissioner Sewell. “This arrest and massive seizure demonstrate the effectiveness of HSI New York’s El Dorado Task Force, of which the NYPD has long been a proud partner.”

New York State Police Acting Superintendent Nigrelli said, “This arrest and indictment speaks volumes of the tremendous coordination between law enforcement partners to stop individuals such as Mr. Gogic, from using our waterways to distribute illegal drugs throughout the world. May this arrest send a clear message that we will find and punish the people who are responsible for carrying out such acts. The New York State Police will continue to work with our partners to stop the flow of dangerous drugs in our country and the world.”

As alleged in the indictment and court documents, between May 2018 and July 2019, Gogic conspired with others to distribute massive quantities of cocaine via commercial cargo ships.  Gogic coordinated with the sources of the cocaine in Colombia, the crewmembers who transported tons of cocaine on commercial cargo ships on the high seas, and the network of port workers who transported and offloaded the cocaine in Europe via the United States. 

Members of the conspiracy loaded the commercial cargo ships at night near the coast and ports, working with crewmembers who would hoist loads of cocaine from speedboats that approached the ships at multiple points along their route.  To physically load the cocaine aboard, they used the ship’s cranes as well as nets.  Once the cocaine was onboard, the crewmembers would hide it within specific shipping containers that they knew had sufficient room to conceal the large quantities of cocaine and for which they had duplicate counterfeit seals.  They selected the specific containers to be used to conceal the cocaine based, in part, on the containers’ location and orientation, and route and destination on board the vessel.  This complex operation relied on having to access to each ship’s crew, route, manifest, real-time positioning and geolocation data and a knowledge of what legitimate cargo is contained in each container.   The conspiracy used a different set of workers with access to the ports in Europe to clandestinely access and remove the cocaine from the shipping containers upon their arrival. 

U.S. law enforcement officers seized three of these shipments:

  • The February 27, 2019 seizure of approximately 1,437 kilograms of cocaine secreted aboard the MSC Carlotta at the Port of New York and New Jersey;
  • The March 18, 2019 seizure of approximately 537 kilograms of cocaine secreted aboard the MSC Desiree at the Port of Philadelphia; and
  • The June 19, 2019 seizure of approximately 17,956 kilograms of cocaine secreted aboard the MSC Gayane at the Port of Philadelphia.  The seizure of the cocaine from the MSC Gayane—worth over $1 billion—was one of the largest seizures of cocaine in United States history. 

Law enforcement officers also seized significant amounts of cocaine related to the scheme at ports in Panama, Peru, and the Netherlands, among other countries.

If convicted, the defendant faces a mandatory minimum sentence of 10 years in prison and up to life in prison. 

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

HSI New York leads and directs all operational and administrative activities of the El Dorado Task Force (EDTF).  The EDTF is comprised of more than 200 law enforcement personnel representing approximately thirty-five (35) federal, state, and local law enforcement and regulatory agencies.  The mission of the EDTF is to disrupt, dismantle, or render ineffective, organizations involved in the laundering of proceeds of narcotics trafficking and other financial crimes

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Nomi Berenson and Robert Pollack are in charge of the prosecution.

The Defendant:

GORAN GOGIC
Age: 43          
Montenegro

E.D.N.Y. Docket No. 22-493 (NM)

Security News: Latham Company Pays $75,000 for Selling Counterfeit Batteries to Department of Defense

Source: United States Department of Justice News

Singapore Batteries Violated the Buy American Act and Caused Military Equipment Failures

ALBANY, NEW YORK – Industrial Equipment and Supply Company, LLC (IESC) and its principals, Mark Nystoriak and Sandra Nystoriak, of Latham, New York have agreed to pay $75,000 to resolve allegations that they violated the False Claims Act for selling counterfeit batteries to the federal government on a contract valued at $33,928.60. 

The announcement was made by United States Attorney Carla B. Freedman; Scott Moreland, Special Agent in Charge, U.S. Army Criminal Investigation Division’s Major Procurement Fraud Field Office; Peter J. Tolentino, Special Agent in Charge, Naval Criminal Investigative Service, Economic Crimes Field Office; and William W. Richards, Special Agent in Charge, Air Force Office of Special Investigations, Office of Procurement Fraud, Detachment 6. 

“Our military received counterfeit batteries after a contractor cut corners to increase profits,” said United States Attorney Freedman.  “We will continue to use the False Claims Act to hold government contractors accountable when they do not meet contract requirements.” 

The Defense Logistics Agency (DLA) is the Department of Defense’s (DoD) combat logistics support agency and manages DoD’s supply chain, delivering consumable supplies to DoD components all over the world.  IESC contracted to sell batteries to DLA for a total contract amount of $33,928.60.  The contract required that the batteries be manufactured by SAFT America, Inc. and fit a standard military specification.   IESC represented that it would comply with the Buy American Act (BAA) and supply domestically manufactured batteries. IESC procured the batteries from a supplier in Singapore and failed to verify that the Singapore distributor was an authorized SAFT America distributor.  DLA distributed the batteries throughout its supply system, and later received reports that the batteries caused military equipment failures.  DLA subsequently determined the batteries were counterfeit. 

This settlement resolves the United States’ allegations that IESC violated the False Claims Act by recklessly disregarding a substantial risk that the batteries would be counterfeit when it procured batteries from an unauthorized distributor in Singapore, who offered a lower purchase price than an authorized SAFT distributor would have. 

This settlement was the result of a joint investigation by the U.S. Army Criminal Investigative Division, Syracuse Fraud Branch Office; the Naval Criminal Investigative Service, Economic Crimes Field Office; and the Air Force Office of Special Investigations, Procurement Fraud Detachment 6 Rome, New York. 

Assistant U.S. Attorney Christopher R. Moran represented the United States in this matter. 

Security News: ADA Settlement with Cinemark USA, Inc. Improves Accessibility of Enfield Movie Theaters

Source: United States Department of Justice News

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that Cinemark USA, Inc. (“Cinemark”) has entered into a settlement agreement with the government to resolve allegations that the Cinemark Enfield Square 12 theaters, located at 90 Elm Street in Enfield, does not comply with the Americans with Disabilities Act (“ADA”).

The settlement, which resolves a complaint filed with the U.S. Department of Justice that alleges that the Cinemark Enfield Square 12 is not physically accessible to persons with mobility disabilities, requires Cinemark to add ADA-compliant signage at exits and auditoriums, provide an accessible dining surface in the concession area, and acquire more receivers to use with its assistive listening system.  The settlement also requires Cinemark to make numerous changes in the bathrooms, such as moving grab bars, removing a step up at a threshold, and making a bathroom door easier to open.

Cinemark is in the process of making changes required by the settlement agreement and has agreed to ensure that any future alterations to the theaters comply with the ADA.

Under federal law, private entities that own or operate places of “public accommodation,” including movie theaters, are prohibited from discriminating on the basis of disability.  The ADA authorizes the Justice Department to investigate complaints and undertake periodic reviews of compliance of covered entities.  The Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.

“Today’s settlement helps to ensure that everyone in Connecticut can participate equally in our community, regardless of ability,” said U.S. Attorney Avery.  “My office is committed to enforcing federal law to eradicate barriers to access, inclusion and equal opportunity.  I am pleased that Cinemark has agreed to do the right thing and make their theater in Enfield accessible to persons with disabilities.”

Cinemark has three years to make the changes required by the agreement and must submit certifications concerning compliance to the U.S. Attorney’s Office every six months until it has fully complied with the agreement.

A copy of the settlement agreement will be found on www.ada.gov.

This matter was handled by Assistant U.S. Attorney Stewart C. Dearing.

Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.

Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY).  More information about the Department of Justice Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.