Month: November 2022

Source: United States Department of Justice News

A Washington man pleaded guilty today in U.S. District Court in Seattle to making interstate threats and committing a hate crime for interference with a federally protected activity. The defendant has been in federal custody since his arrest on July 22.

According to the plea agreement, Joey David George, 37, of Lynwood, telephoned multiple grocery stores in Buffalo, New York, and threatened to shoot Black people in the stores. George told the staff at the store to “take him seriously,” and ordered the store to clear out the customers, as he was “nearby” and “preparing to shoot all Black customers.” One store closed. The threats followed a racially-motivated shooting at another Buffalo grocery store in May. Law enforcement traced the phone number and identified George as the person who made the call.

In addition to the calls to Buffalo, George admits that in May, he called a restaurant in San Bruno, California. In that call, George allegedly threatened to shoot Black and Hispanic patrons in the restaurant. He told law enforcement that he made the threat to strike fear in the Bay Area Black community.

On Sept. 11, 2021, George called a cannabis dispensary in Rockville, Maryland, and used racial slurs as he threatened to shoot and kill Black people at the business. George admitted his racial hate to local law enforcement who used caller ID to trace the call. The dispensary shut down and hired extra security, causing a loss of over $50,000. George also called a Denny’s restaurant in Enfield, Connecticut, and threatened Black patrons at the restaurant on the same day.

In his plea agreement George admitted he made threatening telephone calls from at or near his home in Lynnwood, to grocery stores in Buffalo, New York, restaurants in California and Connecticut, and a marijuana dispensary in Maryland. Sentencing is scheduled in front of U.S. District Judge Ricardo S. Martinez on Dec.16.

In his plea agreement George agrees to pay restitution to the impacted businesses. 

Making interstate threats in punishable by up to five years in prison. Interfering with a federally protected activity is punishable by up to 10 years in prison.

Prosecutors have agreed to limit their sentencing recommendation to the high end of the federal sentencing guidelines range.  Judge Martinez is not bound by prosecutors’ recommendations and can impose any sentence up to the 10-year statutory maximum after considering the sentencing guidelines and other statutory factors.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Nick Brown for the Western District of Washington and Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office made the announcement.

The FBI Seattle Field Office investigated the case, with the assistance of multiple local police departments. Assistant U.S. Attorneys Thomas Woods and Rebecca Cohen for the Western District of Washington prosecuted the case in consultation with the Justice Department’s Civil Rights Division.

Source: United States Department of Justice News

Assistant U. S. Attorneys Fred Sheppard (619) 546-8237 and John Parmley (619) 546-7957

 NEWS RELEASE SUMMARY – November 7, 2022

SAN DIEGO – Former U.S. Army helicopter pilot-turned-civilian-contractor Shapour Moinian was sentenced in federal court today to 20 months for acting as an agent of China and accepting thousands of dollars from representatives of the Chinese government to provide aviation-related information from his defense-contractor employers.

During today’s sentencing hearing, U.S. District Judge Jeffrey T. Miller told the defendant: “This was industrial espionage, bordering on military espionage…These were extremely serious offenses against the United States.”

U.S. Attorney Randy Grossman said: “Today this defendant is being held to account for selling American technology and intellectual property to the Chinese. This crime was committed by a former member of the U.S. military who chose cash over his company and country. The United States will aggressively investigate and prosecute anyone who works at the direction of foreign governments to steal from Americans.”

“Mr. Moinian deserves to be held fully accountable for betraying his oath to the United States, selling sensitive information to the Chinese government, and lying repeatedly to cover up his crimes,” said Special Agent in Charge Brice Miller of the NCIS Office of Special Projects. “This sentencing should make it clear: NCIS and our partners are fully committed to protecting the U.S. military and rooting out criminality that threatens the superiority of the U.S. warfighter.”

Moinian served in the Army in the United States, Germany, and South Korea from approximately 1977 through 2000. After his service, Moinian worked for various cleared defense contractors (CDC) in the United States – including in San Diego – as well as the Department of Defense. “Cleared” is a term that indicates a contractor is permitted to work on projects that involve classified information.

According to his plea agreement, while Moinian was working for a CDC on various aviation projects used by the military and U.S. intelligence agencies, he was contacted by an individual in China who claimed to be working for a technical recruiting company. This person offered Moinian the opportunity to consult for the aviation industry in China.

In March of 2017, Moinian travelled to Hong Kong where he met with this purported recruiter and agreed to provide information and materials related to multiple types of aircraft designed and/or manufactured in the United States in exchange for money. Moinian accepted approximately $7,000-$10,000 in United States currency during that meeting. According to his plea agreement, at this meeting and at all subsequent meetings, Moinian knew that these individuals were employed or directed by the government of the People’s Republic of China.

Upon returning to the United States, Moinian began gathering aviation-related materials, which included transferring material from a CDC to a thumb drive. In September 2017, Moinian traveled overseas. During a stopover at the Shanghai airport, he met with Chinese government officials and provided aviation-related materials on a thumb drive, including proprietary information from a CDC. Thereafter, Moinian arranged to be paid for this information through the South Korean bank account of his stepdaughter. Moinian told his stepdaughter that these funds were payment for his consulting work overseas and instructed her to transfer the funds to him in multiple transactions.

Moinian also received a cell phone and other equipment from these individuals to communicate with them and aid in the electronic transfer of materials and information.

At the end of March 2018, Moinian traveled to Bali and met with these same individuals again. Later that year, he began working at another CDC. During this timeframe, the same individuals in China transferred thousands of dollars into the South Korean bank account of Moinian’s stepdaughter, who subsequently wired the funds to Moinian in multiple transactions.

In August 2019, Moinian traveled again to Hong Kong and met with these same individuals where he was again paid approximately $22,000 in cash for his services. Moinian and his wife smuggled this cash back into the United States.

Moinian also admitted that he lied on his government background questionnaires in July 2017 and March 2020, when he falsely stated that did not have any close or continuing contacts with foreign nationals and that no foreign national had offered him a job.

Grossman thanked the prosecution team as well as the FBI, Naval Criminal Investigative Service  and the Department of Justice’s National Security Division for their excellent work on this case.

DEFENDANTS                                          Case Number          21CR02927-JM

Shapour Moinian                                   Age: 67                 San Diego

SUMMARY OF CHARGES

Title 18, United States Code, Section 951 (Acting as an Agent of a Foreign Government)

Maximum penalty: Ten years in prison and $250,000 per count fine

Title 18, United States Code, Section 1001 (Materially False, Fictitious, or Fraudulent Statement or Representation)

Maximum penalty: Five years in prison and $250,000 per count fine

INVESTIGATING AGENCIES

Federal Bureau of Investigation

Naval Criminal Investigative Service

Source: United States Department of Justice News

LAREDO, Texas – A 42-year-old man residing in Pearland has pleaded guilty to importing over 20 kilograms of meth and 900 grams of fentanyl, announced U.S. Attorney Jennifer B. Lowery.

On June 24, Jose Luis Escareno attempted to enter the United States through the Juarez-Lincoln Port of Entry in Laredo. At that time, he was driving a pickup truck and pulling a trailer.

At inspection, he claimed ownership of everything inside the vehicle and trailer. Shortly after, law enforcement discovered narcotics hidden inside a mini split air conditioning unit located in the trailer and within a cooler in the truck. They were later determined to be 21.40 kilograms of meth and 8,500 pills of fentanyl weighing approximately 931 grams.

As part of his plea, Escareno claimed the air conditioning unit belonged to a friend who was going to pay him $150 to transport it to Houston. He further admitted he purchased and packed the coolers with contents that belonged to him.

U.S. District Judge Diana Saldana will impose sentencing at a later date. At that time, Escareno faces up to life in prison and a possible $10 million maximum fine.

He has been and will remain in custody pending that hearing.

Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Paul A. Harrison is prosecuting the case.

#OnePillCanKill

Source: United States Department of Justice News

A federal jury convicted a California drug kingpin Monday of directing a continuing criminal enterprise by organizing and directing at least three separate methamphetamine conspiracies in Oklahoma and Missouri, announced U.S. Attorney Clint Johnson.

Luis Alfredo Jacobo, 31, of Bakersfield, California, was found guilty of continuing criminal enterprise; three counts of drug conspiracy and 21 counts of unlawful use of a communication facility. Kelly Wayne Bryan, 55, who went to trial with Jacobo and was alleged to be involved in one of the methamphetamine conspiracies, was found not guilty of drug conspiracy.

“Luis Jacobo sent more than 2,000 pounds of methamphetamine into the Northern District of Oklahoma and Missouri for distribution and claimed to have netted $30 million as a part of his continuing criminal enterprise,” said U.S. Attorney Clint Johnson. “As a result of their dogged investigative work, federal prosecutors and our law enforcement partners shut down this illicit enterprise, and Jacobo and numerous cohorts have been brought to justice.”

“This conviction is a message to drug traffickers who feed those struggling with addiction and line the pockets of criminal organizations,” said Eduardo A. Chávez, Special Agent in Charge of the Dallas Field Division, who oversees operations in Oklahoma. “Your days spent peddling drugs and spending dirty money will lead to nights spent in jail staring at the ceiling while you are held responsible for your actions.  DEA Tulsa is committed to keeping methamphetamine off our Oklahoma streets.”

Using his Mexican sources of supply and Bakersfield as a base of operations, Jacobo managed, supervised, and organized more than a dozen individuals in California, Northeast Oklahoma, and Southwest Missouri in an enterprise that spanned over five years and involved at least three drug conspiracies operating in and around the Northern District of Oklahoma.

Through countless communications between the conspirators, Jacobo set prices, determined methods of delivery and payment, and approved any suggestions made about the groups’ operations.

According to the indictment, from May 2016 to September 2021, Jacobo received bulk shipments of methamphetamine to his home base in Bakersfield. From there, Jacobo directed that the methamphetamine be sent via U.S. mail or driven in vehicles to the groups in Oklahoma and Missouri, sometimes in quantities of up to 200 pounds at a time. Coconspirators would drive large amounts of cash back to California, send money through money remitters, or mail cash payments back to Jacobo and to others at Jacobo’s direction. The coconspirators sometimes mailed as much as $100,000 cash at a time from Oklahoma to California.

The three conspiracies were run by Jacobo’s regional managers in northeastern Oklahoma. The managers employed, with Jacobo’s knowledge, distributors and subdistributors to help sell Jacobo’s drugs. Jacobo even met and gave direction to many of the distributors and subdistributors.

From May 2016 to December 2018, one drug conspiracy operated in Bakersfield and later in and around Grove, Oklahoma. A second drug conspiracy also worked out of Grove from September 2018 to August 2019. Finally, a third drug conspiracy operated from September 2018 to March 2021 in and around Grove and southwestern Missouri.

During trial, federal prosecutors presented evidence that included numerous communications and countless money exchanges related to the conspiracies as well as evidence collected when law enforcement executed search warrants.

For example, on Oct. 12, 2020, agents and officers with the Oklahoma Bureau of Narcotics and Dangerous Drugs and Grove Police Department opened a storage unit in Grove  and discovered 231 pounds of methamphetamine and more than $465,000 in U.S. currency. The storage unit was rented for defendant Johnson to store methamphetamine for redistribution. That same weekend in 2020, law enforcement also executed search warrants on houses in Grove where codefendants stored drugs and drug proceeds.

Three days after the 231 pounds of methamphetamine was located, officers arrested codefendant Tony Garcia driving in Oklahoma City with 30 pounds of methamphetamine and a loaded 9 mm handgun. Text messages in Garcia’s phone show that he received instructions from Jacobo just prior to the trip about where and when to distribute the methamphetamine to Johnson and others in Oklahoma. 

In its closing argument, the government highlighted the sheer number of Jacobo’s coconspirators who testified against Jacobo and repeated many of the same details about how Jacobo’s extensive drug business operated, including that Jacobo directed members of his organization to send cars packed full of methamphetamine to Northeast Oklahoma and cars packed full of money back to him in Bakersfield.

Jacobo’s conviction resulted from the Organized Crime Drug Enforcement Task Force Operation “Pullin Chains,” led by the U.S. Attorney’s Office and the Drug Enforcement Administration. 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.

The Drug Enforcement Administration, Oklahoma Bureau of Narcotics and Dangerous Drugs, Bureau of Indian Affairs, City of Miami Police Department, Grove Police Department, Quapaw Tribal Marshals Service, Bakersfield Police Department, Kern County Sheriff’s Office, the United States Postal Inspection Service, and the Oklahoma District 13 Drug and Violent Crime Task Force conducted the investigation. Assistant U.S. Attorneys Thomas E. Duncombe, Nathan E. Michel, and Melody N. Nelson prosecuted the case.

Source: United States Department of Justice News

Jordan Patrick Leahy, 29, was sentenced today in federal court in the Middle District of Florida to 24 months in prison followed by three years of supervised release for his racially-motivated attack against a Black man who was traveling down a public roadway with his family in Seminole, Florida. 

Leahy was convicted of willfully intimidating and interfering with J.T., and attempting to injure, intimidate and interfere with J.T. through the use of a dangerous weapon (Leahy’s vehicle), because of J.T.’s race and color, and because J.T. was traveling on a public roadway in Seminole, Florida. Specifically, the government introduced evidence at trial that, when Leahy, while driving, came upon J.T. driving on a public road, Leahy shouted racial slurs at J.T. and attempted to force J.T.’s car off the road. J.T.’s girlfriend and four-year-old daughter were in the car at the time. When officers from the Pinellas County Sherriff’s Office arrived on the scene, Leahy made numerous statements evidencing his bias motive, including telling the officers that Black people need to be kept “in their areas.”

“This federal court has sentenced Jordan Leahy to prison for his decision to weaponize his vehicle in a racist attack on J.T.’s family,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The department will continue to aggressively prosecute those who seek to threaten and intimidate our community members because of their race. All persons should be free to travel on the public roadways without fear of being harmed because of who they are.”

“Today’s sentence sends a clear message that racially-motivated criminal behavior is especially repugnant and unacceptable,” said U.S. Attorney Roger Handberg of the Middle District of Florida. “We will continue to work with our local, state and federal law enforcement partners to enforce our nation’s civil rights laws.”

“We will not allow hate motivated crimes to infiltrate our communities and threaten our citizens,” said Special Agent in Charge David Walker for the FBI Tampa Field Division. “Investigating civil rights violations is among the FBI’s highest priorities and we will continue to work with our law enforcement partners to protect communities from hateful acts of bias.”

Assistant Attorney General Clarke, U.S. Attorney Handberg and Special Agent in Charge Walker made the announcement.

The FBI Tampa Field Office, the Pinellas County Sheriff’s Office and the Florida Highway Patrol investigated the case. Assistant U.S. Attorney Carlton Gammons for the Middle District of Florida and Trial Attorneys David Reese and Laura-Kate Bernstein of the Civil Rights Division are prosecuting the case.