Month: November 2022

Source: United States Department of Justice News

          LOS ANGELES – A Riverside County man was sentenced today to 60 months in federal prison for using hundreds of thousands of dollars from the Paycheck Protection Program (PPP) for personal expenses such as luxury cars after he obtained a COVID-business relief loan for more than $7 million on behalf of his pothole-repair company.

          Oumar Sissoko, 59, of Murrieta, was sentenced by United States District Judge John F. Walter, who also ordered him to pay $499,827 in restitution.

          On April 15, at the conclusion of a three-day trial, a jury found Sissoko guilty of four counts of wire fraud.

          The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020 and is designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized more than $300 billion in additional PPP funding.

          Sissoko obtained a $7.25 million loan for his downtown Los Angeles-based company, Road Doctor California LLC, after submitting a PPP loan application in April 2020.

          In the loan application, Sissoko claimed that Road Doctor was in the process of hiring 450 full-time employees and would have average monthly payroll expenses of $2.9 million. When he applied for the loan, Sissoko acknowledged the funds would be used to retain workers and maintain payroll, or make mortgage interest payments, lease payments and utility payments.

          In the days after the PPP loan was funded on May 1, 2020, Sissoko misappropriated hundreds of thousands of dollars of the loan proceeds to use for impermissible purposes, including purchasing a Mercedes-Benz for $113,000, paying off a loan on a BMW, and buying an Apple computer for more than $5,000.

          The illegal uses of the loan also included a non-refundable down payment of approximately $100,000 to purchase a company located in New Hampshire and the attempted transmission of approximately $150,000 to accounts in the African nation of Mauritania associated with a mineral-exploration company for which Sissoko purported to serve as CEO.

          On March 24, a federal jury deadlocked on the charges against Sissoko and a mistrial was declared. A second trial resulted in Sissoko’s criminal conviction.

          Assistant United States Attorney Carolyn S. Small of the Major Frauds Section and DOJ Trial Attorney Theodore Kneller of the Criminal Division’s Fraud Section are prosecuting this case. Assistant United States Attorney Jonathan S. Galatzan, Chief of the Asset Forfeiture and Recovery Section, is providing substantial assistance, including with the seizure and forfeiture of two luxury automobiles purchased with PPP loan funds.

          Anyone with general information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud Hotline at (866) 720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Source: United States Department of Justice News

ALBANY, NEW YORK – Derbie Michel, age 31, of Troy, New York, was charged by indictment today with illegally possessing ammunition as a convicted felon. 

The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

According to the indictment and other court filings, Michel, a convicted felon, threw five rounds of ammunition from a car while being pursued by members of the Troy Police Department on October 15, 2022.  Michel also threw a privately made firearm, or “ghost gun,” from the car during the same pursuit.  The charges in the indictment and complaint are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

Michel was previously charged by criminal complaint and appeared yesterday before United States Magistrate Judge Christian F. Hummel, who ordered Michel detained pending trial.

The charge against Michel carries a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case is being investigated by the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of state and local law enforcement agencies, including the Troy Police Department, and is being prosecuted by Assistant U.S. Attorneys Allen J. Vickey and Joshua R. Rosenthal.  The U.S. Marshals Service provided valuable assistance with the defendant’s apprehension in this case. 

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced a voluntary compliance agreement under Title III of the Americans with Disabilities Act (“ADA”) with New York University (“NYU” or the “University”) to increase the accessibility of NYU’s student housing facilities for individuals with disabilities.  The agreement covers all of NYU’s student housing facilities in the New York metropolitan area.

Title III of the ADA requires that privately owned places of public accommodation, including colleges and universities, remove physical barriers to access to existing facilities where it is readily achievable to do so, comply with accessibility standards for new construction and alterations, and modify policies and practices where necessary to ensure full and equal enjoyment of services and facilities.

The out-of-court agreement resolves a compliance review during which the U.S. Attorney’s Office identified various aspects of NYU’s student housing facilities that were not in compliance with Title III of the ADA and the ADA Standards for Accessible Design, including violations of the new construction provisions of the ADA and barriers to access to existing facilities. 

NYU’s New York-area campuses include student housing facilities in Manhattan, in Brooklyn, and on Long Island for the University’s undergraduate, graduate, and professional schools.  The agreement covers a total of more than 4,000 student housing units, which are located within 22 NYU-owned student housing facilities and 10 facilities leased in full or in part by the University.

NYU has agreed to prepare a plan under which it will survey and make alterations to its student housing facilities within five years, update its student housing emergency preparedness plans, and improve the accessibility information related to student housing on its website.

U.S. Attorney Damian Williams said: “The ADA requires colleges and universities to ensure that no individual is discriminated against on the basis of disability in the full and equal enjoyment of their services and facilities.  We are pleased that NYU has committed to improving accessibility within the University’s student housing facilities and hope that other colleges and universities will follow suit and increase access to their facilities for individuals with disabilities.”

Under the agreement, NYU will:

• Conduct architectural surveys and seek public comment from the University community and then submit an accessibility plan for review to this Office, outlining how the University will comply with the agreement.
• Ensure that an appropriate number of accessible student housing units (and bathrooms serving those units) are available to students with disabilities and are dispersed throughout the University’s student housing facilities which serve NYU’s (i) general student population, (ii) graduate student population, (iii) Grossman School of Medicine, (iv) Long Island School of Medicine, (v) law school, and (vi) Brooklyn campus.
• Ensure that each student housing facility in which accessible housing units required by the agreement are located has accessible features, including accessible entrances, approaches, bathrooms, and signage; and that an appropriate number of additional housing facilities have an accessible entrance, first floor common area, and bathroom.
• Update its student housing emergency evacuation, sheltering, and shelter-in-place plans for individuals with disabilities after seeking public comment from the University community.
• Update its website to identify accessible entrances, routes, and transportation options for its student housing facilities; identify newly added or renovated accessible features of the student housing facilities; and provide information to assist students and prospective students with disabilities in securing and utilizing accessible housing and housing accommodations at NYU.

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This case is being handled by the Office’s Civil Rights Unit in the Civil Division.  Assistant U.S. Attorney Samuel Dolinger is in charge of the case.

Source: United States Department of Justice News

PENSACOLA, FLORIDA – Scott P. Haines, 50, of Milton, Florida, was sentenced to one year and a day in federal prison, following his previous guilty plea on the charge of making material false statements to the Federal Bureau of Investigation during an elder exploitation investigation.  United States Attorney Jason R. Coody announced the sentence. 

“Criminal conduct by those sworn to uphold the law represents a betrayal of the public trust,” stated U.S. Attorney Coody. “The corrupt acts of an individual law enforcement officer can erode the public’s trust in the legions of brave men and women who faithfully honor their oaths’ and place their lives on the line each day to keep our communities safe. We will vigorously investigate and prosecute any officer who betrays their sworn oath and the public’s trust.”

During his plea in federal court, Haines admitted that he became personally involved in the real property management and finances of an elderly woman in Santa Rosa County and deposited rental payments from tenants of the elderly woman into his own bank account without authority to do so.  When confronted by the Federal Bureau of Investigation and the Florida Department of Law Enforcement, Haines made material false statements regarding his involvement with the rental properties, the depositing of rental payments into his personal account, and his knowledge and involvement with the Last Will and Testament of the elderly woman of which he became a beneficiary.

“Police officers are given immense trust and responsibility, and are therefore held to a higher standard,” said Sherri E. Onks, Special Agent in Charge of the FBI Jacksonville Division, “so there are serious consequences when one tarnishes the badge by breaking the law.  Scott Haines disgraced the uniform when he abused his authority to victimize an elderly individual for his own personal gain, and his sentencing affirms that the FBI has zero tolerance for officials who prey on the citizens they have sworn to protect.”

The Santa Rosa County Sheriff’s Office cooperated fully with the FBI/FDLE investigation and immediately relieved Haines of his duties prior to the filing of criminal charges.

Haines will be required to serve one year on federal supervised release following his incarceration.  He was formally adjudicated guilty by the United States District Court and is now a felon.  Haines previously relinquished his criminal justice certifications.

The case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. Assistant United States Attorney David L. Goldberg prosecuted the case.   

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Source: United States Department of Justice News

COVINGTON, Ky – A Mason, Ohio, woman, Amanda Baker, 38, was sentenced on Tuesday to 168 months in prison, by U.S. District Judge David Bunning, for conspiracy to distribute 50 grams or more of methamphetamine.

According to her plea agreement, Baker was involved in a conspiracy that distributed multiple kilograms of crystal methamphetamine in Northern Kentucky and Southern Ohio.  Law enforcement seized almost two kilograms of crystal methamphetamine from Baker and a co-conspirator, Jeremy Anderson, on April 26, 2021, at a hotel in Covington, Kentucky. 

Baker pleaded guilty in August 2022.

Anderson was sentenced to 138 months in prison on August 16, 2022. 

Under federal law, each Defendant must serve 85 percent of their prison sentence.  Both will also be under the supervision of the U.S. Probation Office for five years after their release from prison. 

Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; Keith Martin, Special Agent in Charge, DEA Detroit Field Division; Scott Hardcorn, Director of the Northern Kentucky Drug Strike Force; and Brian Valenti, Chief of the Covington Police Department, jointly announced the sentences.

The investigation was conducted by the Drug Enforcement Administration, the Northern Kentucky Drug Strike Force, and the Covington Police Department.  The United States was represented by Assistant U.S. Attorney Tony Bracke.

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