Month: November 2022

Source: United States Department of Justice News

A defendant who killed another man just outside a Walmart store in Tulsa pleaded guilty Wednesday in federal court, announced U.S. Attorney Clint Johnson.

Terry Danell Limose, 37, pleaded guilty to second degree murder in Indian Country.

Limose admitted in his plea agreement that he killed victim Jessie Childers by strangulation around 4 am on Nov. 13, 2021. He stated that he strangled the victim for several minutes before the victim died.

Tulsa Police officers were called to the scene after receiving reports that a deceased man was found just outside of the store. Several witnesses reported seeing a man, later identified as Limose, in the parking lot during the time of the crime. One witness even observed the two men fighting. Officers later located Limose hiding in a grassy creek area behind the store with apparent minor injuries.

During the investigation, officers located surveillance video from a nearby business that showed Limose following the victim prior to the murder and throwing rocks and chunks of pavement at him, hitting him multiple times. The victim attempted to scare Limose away with a metal rod and piece of wood he was carrying.

The defendant followed the victim, who had picked up one of the chunks of rock, to the Walmart parking lot. Walmart surveillance video showed the victim throw the rock toward the store’s door and attempt to get help by banging on the window, to no avail. Limose appeared to have trapped the victim by the front door. After approximately six minutes, Limose began fighting the victim and eventually threw the victim to the ground. Limose was on top of the victim for approximately seven minutes before he got off of him. During that time, he strangled the victim, killing him. He then started to walk away when he encountered two other men. They checked on the victim. The other two men left the scene, and Limose attempted to perform CPR on the victim.

The victim was a citizen of the Muscogee Nation, and the crime occurred within the Muscogee Nation reservation.

The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Aaron M. Jolly prosecuted the case.

Source: United States Department of Justice News

A Bixby man was sentenced Wednesday in federal court for robbing two Oklahoma banks of nearly $320,000, announced U.S. Attorney Clint Johnson.

“Jerry Brown’s string of criminal acts included two bank robberies and attempting to escape prosecution by staging his own disappearance to look like a kidnapping,” said U.S. Attorney Clint Johnson. “This bank robber has been held accountable and will spend 51 months in federal prison.”

“The FBI would like to thank the Skiatook Police Department, Owasso Police Department, and the United States Attorney’s Office for their hard work in this investigation,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “We are gratified Brown is being brought to justice for his crimes, and can no longer target Oklahoma’s financial institutions or intimidate innocent citizens.”

U.S. District Judge Gregory K. Frizzell sentenced Jerry Ray Brown, 44, to 51 months in prison followed by three years of supervised release. The sentence was within the federal guideline range for the crimes. Judge Frizzell also ordered Brown to pay just over $260,000 in restitution, representing the stolen bank funds that had not yet been recovered.

During the hearing, Assistant U.S. Attorney Ryan Roberts argued for a sentence within the guideline range while the defense argued for a sentence below the guideline range, requesting Brown serve just over 12 months in federal prison. The defense pointed to Brown’s life of service prior to the bank robberies and the extreme financial and personal struggles he had been dealing with at the time of the crimes. Brown then apologized to the victims. He stated that as a former firefighter, he had been a life saver but ultimately became a life destroyer when he committed the robberies.

In a statement to the Court, one victim said that the anxiety she experienced had been crippling and had taken her mentally away from her children. She agreed with Brown and said that he had been a life destroyer—that his actions not only affected the victim but also her family. She said that she had suffered hardships following the robberies, but unlike Brown, she had not committed any criminal acts.

Brown previously entered guilty pleas to all of the original bank robbery counts in the charged indictment, and he did so without a plea agreement from the United States. Brown lived in Skiatook at the time of the robberies and later in Bixby while criminal proceedings were pending.

Brown executed bank robberies at Oklahoma Capital Bank in Skiatook on March 12, 2020, and Exchange Bank in Sperry on May 7, 2020. In both robberies, Brown demanded bank employees take him to their vaults and open their ATMs.

Bank tellers and surveillance video at both locations described or showed the suspect as being around 6 feet tall and weighing between 200 and 250 pounds. The suspect wore a black mask, distinctive black and gray gloves with a yellow logo; carried a black backpack; and drove a silver SUV. One of the tellers at the Skiatook bank suggested the robber’s mannerisms and build reminded her of Jerry Brown, who banked there.

Through their investigation, law enforcement was able to link Brown to the robberies and arrested him. They believed Brown’s likely motive for the robberies was to alleviate the numerous professional and personal financial problems he had been experiencing.

He was charged in federal court on Oct. 27, 2020, and later released while awaiting further criminal proceedings in the case.

On Oct. 25, 2021, authorities initially received a report that Brown was potentially kidnapped from his residence in Bixby in the early morning hours. Later that morning, Nowata police officers initiated a traffic stop on a vehicle registered to Brown. Instead of stopping, Brown eluded officers and disappeared. Just after 8 am, Brown was arrested by the Lyon County Sheriff’s Office in Kansas for the alleged theft of gasoline, evading authorities, and other charges. Brown was later returned to federal custody.

The FBI, Skiatook Police Department, and Owasso Police Department conducted the investigation.  Assistant U.S. Attorney Ryan M. Roberts prosecuted the case.

Source: United States Department of Justice News

Jackson, Miss. – A Jackson man pleaded guilty today to being a convicted felon in possession of a firearm, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.

According to court documents, Earnest Guise, 41, was found in possession of a firearm by a Jackson Police Department Officer on June 6, 2021, during an investigation into a reported shooting. Guise has multiple prior felony convictions. As a convicted felon it is contrary to federal law for Guise to possess any firearm.  

On February 8, 2022, a federal grand jury indicted Guise for possession of a firearm as a convicted felon. He will be sentenced on February 13, 2022 and faces a maximum penalty of ten years in prison and a $250,000 fine. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the FBI and the Jackson Police Department. It is being prosecuted by Assistant United States Attorney Jessica S. Terrill.

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 gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Source: United States Department of Justice News

A federal grand jury in Newark, New Jersey, returned an indictment today charging an Indian national for fraudulently obtaining millions of dollars in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

According to court documents, Abhishek Krishnan, 40, previously resided in Wake County, North Carolina, before returning to his home country of India. After returning to India, Krishnan allegedly submitted numerous fraudulent PPP loan applications to federally insured banks, including on behalf of purported companies that were not registered business entities. The fraudulent PPP loan applications allegedly included false statements about the companies’ employees and payroll expenses, as well as falsified tax filings. As part of the fraud scheme, Krishnan allegedly used the name of another person without that person’s authority. Krishnan allegedly submitted at least 17 PPP loan applications seeking over $8.2 million and received more than $3.3 million in loan proceeds. Following receipt of the funds, Krishnan allegedly laundered the proceeds of the fraud.  

Krishnan is charged with two counts of wire fraud, two counts of money laundering, and two counts of aggravated identify theft. If convicted, Krishnan faces a maximum penalty of 20 years in prison on each of the top counts and a mandatory minimum of two years in prison on each count of aggravated identify theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Philip R. Sellinger for the District of New Jersey; Special Agent in Charge Mark Morini of the U.S. Treasury Inspector General for Tax Administration (TIGTA), Southeast Field Division; Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), Atlanta Region; U.S. Marshal Michael East for the Eastern District of North Carolina; and Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of Inspector General (SBA-OIG), Eastern Region made the announcement.

The TIGTA, FDIC-OIG, U.S. Marshals Service, and SBA-OIG are investigating the case.

Assistant Chief Justin Woodard and Trial Attorney Thomas D. Campbell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Katherine M. Romano for the District of New Jersey are prosecuting the case, with assistance from Assistant U.S. Attorney Susan B. Menzer for the Eastern District of North Carolina.

In a separate case, Krishnan was recently charged in the Eastern District of North Carolina with theft of government property and aggravated identity theft regarding his alleged receipt of unemployment insurance benefits funded by the federal government in response to the COVID-19 pandemic.

The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 150 defendants in more than 95 criminal cases and has seized over $75 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

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

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

Source: United States Department of Justice News

A Maryland man and his wife were sentenced today for conspiracy to communicate Restricted Data related to the design of nuclear-powered warships.

Jonathan Toebbe, 44, of Annapolis, was sentenced today to 232 months, over 19 years, of incarceration. His wife, Diana Toebbe, 46, was sentenced to 262 months, more than 21 years, of incarceration. The Toebbes pleaded guilty to the conspiracy in August 2022.

“The Toebbes conspired to sell restricted defense information that would place the lives of our men and women in uniform and the security of the United States at risk,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice remains committed to protecting U.S. defense technology.”

“If not for the remarkable efforts of FBI agents, the sensitive data stolen by Mr. Toebbe could have ended up in the hands of an adversary of the United States and put the safety of our military and our nation at risk,” said U.S. Attorney William J. Ihlenfeld II for the Northern District of West Virginia. “The FBI keeps American citizens safe from enemies both foreign and domestic and this case is an excellent reminder of their important work.”

“These actions are a betrayal of trust, not only to the U.S. Government, but also to the American people,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “All U.S. Government employees swear to support and defend the Constitution of the United States, and with that oath comes the obligation to protect sensitive information. Those entrusted with such grave responsibility must be held accountable if they violate their oath and betray their country. The investigation which led to today’s sentencing is a reminder that the FBI and our partners will continue to doggedly pursue those who betray their sworn oath and those who aid them.”

“The Toebbes were willing to compromise the security of the nation by selling information related to naval nuclear propulsion systems, they are now being held accountable for their actions,” said Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office. “The FBI and our federal partners have an unwavering commitment to protect U.S. secrets and will continue to aggressively investigate and expose espionage activities conducted on U.S. soil.”

“Naval nuclear engineer Jonathan Toebbe was entrusted with our nation’s critical secrets and, along with his wife Diana Toebbe, put the security of our country at risk for financial gain,” said U.S. Attorney Cindy Chung for the Western District of Pennsylvania. “Their serious criminal conduct betrayed and endangered the Department of the Navy’s loyal and selfless service members. The seriousness of the offense in this case cannot be overstated.”

“The Toebbes betrayed the American people and put our national security at significant risk when they selfishly attempted to sell highly sensitive information related to nuclear-powered warships for their own financial benefit,” said Special Agent in Charge Brice Miller of the Naval Criminal Investigative Service (NCIS) Office of Special Projects. “As the law enforcement arm of the Department of the Navy responsible for preventing terrorism, reducing crime, and protecting secrets, NCIS remains committed to protecting vital information and technology that ensures the superiority of the U.S. Navy and Marine Corps.”

According to court documents, at the time of his arrest, Jonathan Toebbe was an employee of the Department of the Navy who served as a nuclear engineer and was assigned to the Naval Nuclear Propulsion Program, also known as Naval Reactors. He held an active national security clearance through the Department of Defense, giving him access to “Restricted Data” within the meaning of the Atomic Energy Act. Restricted Data concerns design, manufacture or utilization of atomic weapons, or production of Special Nuclear Material (SNM), or use of SNM in the production of energy – such as naval reactors. Jonathan Toebbe worked with and had access to information concerning naval nuclear propulsion including information related to military sensitive design elements, operating parameters and performance characteristics of the reactors for nuclear powered warships.

According to court documents, Jonathan Toebbe sent a package to a foreign government, listing a return address in Pittsburgh, Pennsylvania, containing a sample of Restricted Data and instructions for establishing a covert relationship to purchase additional Restricted Data. Jonathan Toebbe began corresponding via encrypted email with an individual whom he believed to be a representative of the foreign government. The individual was really an undercover FBI agent. Jonathan Toebbe continued this correspondence for several months, which led to an agreement to sell Restricted Data in exchange for thousands of dollars in cryptocurrency.

On June 8, 2021, the undercover agent sent $10,000 in cryptocurrency to Jonathan Toebbe as “good faith” payment. Shortly afterwards, on June 26, Jonathan Toebbe serviced a dead drop by placing an SD card, which was concealed within half a peanut butter sandwich and contained military sensitive design elements relating to submarine nuclear reactors, at a pre-arranged location. After retrieving the SD card, the undercover agent sent Jonathan Toebbe a $20,000 cryptocurrency payment. In return, Jonathan Toebbe emailed the undercover agent a decryption key for the SD Card. A review of the SD card revealed that it contained Restricted Data related to submarine nuclear reactors. On Aug. 28, 2021, Jonathan Toebbe made another “dead drop” of an SD card in eastern Virginia, this time concealing the card in a chewing gum package. After making a payment to Jonathan Toebbe of $70,000 in cryptocurrency, the FBI received a decryption key for the card. It, too, contained Restricted Data related to submarine nuclear reactors. The FBI arrested Jonathan Toebbe and his wife on Oct. 9, 2021 after he placed yet another SD card at a pre-arranged “dead drop” at a second location in West Virginia.

The FBI and NCIS are investigating the case.

Trial Attorneys Matthew J. McKenzie and S. Derek Shugert of the National Security Division’s Counterintelligence and Export Control Section, Assistant U.S. Attorneys Jarod J. Douglas and Lara Omps-Botteicher for the Northern District of West Virginia and Special Assistant U.S. Attorney Jessica Lieber Smolar for the Western District of Pennsylvania prosecuted the case.