Baraboo Woman Sentenced to 60 Months for Possessing Methamphetamine for Distribution

Source: United States Department of Justice News

MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Pa Kou Yang, 33, Baraboo, Wisconsin was sentenced on November 17, 2022 by U.S. District Judge James D. Peterson to 60 months in prison for possession of methamphetamine with intent to distribute.  Yang pleaded guilty to this charge on August 12, 2022.   

As a part of a long-term investigation, law enforcement officers obtained evidence that Christopher Fernette, Carl Rabe, and Dillan Boydston distributed significant amounts of methamphetamine in western Wisconsin.  Investigators also learned that Fernette purchased methamphetamine from multiple people, including a source-of-supply in Minnesota and an individual named Pa Yang.

On February 18, 2021, during a traffic stop by a Crawford County Sheriff’s deputy in Onalaska, Wisconsin, Yang admitted to possessing methamphetamine and turned over approximately 100 grams of methamphetamine.

At sentencing, Judge Peterson told Yang that she adopted a lifestyle of criminal conduct. 

On June 29, 2022, Judge William M. Conley sentenced Fernette to 10 years in prison for possession of methamphetamine with intent to distribute.  Judge Conley also ordered Fernette to forfeit $17,200. 

On July 20, 2022, Judge Conley sentenced Rabe to 96 months in prison for possession of methamphetamine with intent to deliver.

On November 3, 2022, Judge Conley sentenced Boydston to 84 months in prison for conspiracy to distribute methamphetamine.

The charges against these defendants were the result of an investigation conducted by the Crawford County Sheriff’s Office, Prairie du Chien Police Department, Richland-Iowa-Grant Task Force, Dakota County (Minnesota) Drug Task Force, Iowa Division of Criminal Investigation, and the Wisconsin Department of Justice Division of Criminal Investigation.  Assistant U.S. Attorney Chadwick M. Elgersma prosecuted the cases. 

Security News: Justice Department Secures Promotion and Backpay for National Guardsman in Puerto Rico and Continues to Defend Reemployment Rights of Servicemembers

Source: United States Department of Justice 2

The Justice Department announced today that it has resolved a claim that the Puerto Rico Department of Education (PRDE) violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it failed to reemploy Puerto Rico National Guardsman Sergeant(E-5) Daniel Nazario to his proper position upon his return from military service. Based on the terms of the settlement, PRDE will promote Sergeant Nazario to his proper position as a school director in his preferred school district and will be awarding him backpay and seniority.

 “Federal law requires employers to reemploy servicemembers into the positions that they would have held had their employment not been interrupted by military service, and also prohibits employers from denying promotions because of employees’ military obligations,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to protecting the civil rights of servicemembers who sacrifice to serve our country.”

Congress enacted USERRA to encourage non-career service in the military by reducing employment disadvantages; to minimize the disruption to the lives of persons performing military service, their employers, and others, by providing for the prompt reemployment of such persons upon the completion of their service; and to prohibit discrimination and retaliation against servicemembers if they pursue a claim under USERRA.

“The successful settlement of National Guardsman Daniel Nazario’s case with the PRDE, including his reinstatement to a permanent position, is an important step in the enforcement of servicemember rights and serves to highlight the proper treatment that must be afforded to these valuable members of our community,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico.

At the time his deployment, Sergeant Nazario was one of six temporary school directors in the Barranquitas school district. During his deployment, the PRDE promoted all the school directors in that district except for Sergeant Nazario to permanent positions. Upon his return from active duty, the PRDE initially rehired him as an English teacher and did not to promote him into a permanent school director position. Under the terms of the settlement agreement, the PRDE agreed to promote Sergeant Nazario to a permanent school director position with full benefits retroactive to June 2017, the date of his return from active duty, and pay him $2,840.00 in full back wages for his lost salary.

The Department of Labor (DOL) referred this matter to the Justice Department following an investigation by its Veterans’ Employment and Training Service.

Senior Trial Attorney and USERRA/USAO Program Coordinator Alicia D. Johnson in the Civil Rights Division’s Employment Litigation Section (ELS), in collaboration with Assistant U.S. Attorney David Martorani for the District of Puerto Rico prosecuted this matter.

The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. ELS continues to work collaboratively with the DOL to protect the jobs and benefits of military members. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/servicemembers, as well as on the Department of Labor’s website at https://www.dol.gov/agencies/vets/programs/userra.

Security News: Leader of International Drug Trafficking Organization Pleads Guilty to Cocaine Trafficking Conspiracy

Source: United States Department of Justice 2

Jose Gonzalez-Valencia, aka Chepa, pleaded guilty in the U.S. District Court for the District of Columbia today to international cocaine trafficking.

In December 2017, Brazilian authorities arrested Gonzalez-Valencia, 47, at the request of the United States. He was extradited from Brazil to the United States in November 2021.

According to court documents, between 2006 and October 2016, Gonzalez-Valencia was a leader of the Los Cuinis, an international drug trafficking organization (DTO) responsible for importing large quantities of cocaine from Mexico, Colombia, Guatemala, and elsewhere into the United States.

As noted in court documents, Los Cuinis is closely aligned with the Cartel de Jalisco Nueva Generacion (CJNG), which is based in the State of Jalisco in Mexico. Together, Los Cuinis and CJNG form one of the largest, most dangerous, and prolific drug cartels in Mexico. They are responsible for trafficking significant quantities of illegal drugs into the United States and employing extreme violence to further that objective. Gonzalez-Valencia is the brother of Los Cuinis leaders Abigael Gonzalez-Valencia and Gerardo Gonzalez-Valencia, and the brother-in-law of Nemesio Oseguera Cervantes, aka Mencho, the leader of CJNG. 

“Gonzalez Valencia worked with Los Cuinis and the CJNG to bring thousands of kilos of drugs into the United States,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This case sends a clear message that the Criminal Division is committed to protecting our communities, dismantling the drug trafficking organizations that prey on them for profit, and holding traffickers like Gonzalez Valencia accountable.”

“CJNG is responsible for vast quantities of deadly illegal drugs that are being distributed across the United States,” said Administrator Anne Milgram of the DEA. “Today’s guilty plea reflects the men and women of the DEA’s unwavering commitment to hold all drug traffickers accountable that seek to profit from CJNG’s violent and deadly drug trafficking network.”

Gonzalez-Valencia pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it would be imported into the United States. He is scheduled to be sentenced on April 7, 2023 and faces a mandatory minimum sentence of 10 years in prison and a statutory maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

This case is supported by the Organized Crime and Drug Enforcement Task Force (OCDETF). 

The DEA Los Angeles Field Division is investigating the case.

Acting Assistant Deputy Chief Kaitlin Sahni and Trial Attorneys Kate Naseef and Kirk Handrich of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs provided significant assistance.  

The Justice Department’s Office of International Affairs thanks Brazilian authorities for their assistance in securing the arrest and extradition of Gonzalez-Valencia.

Security News: Attorney General Merrick B. Garland Delivers Remarks at the White House Tribal Nations Summit

Source: United States Department of Justice 2

Good morning. I am very pleased to join you at this year’s Tribal Nations Summit. 

I want to thank President Biden for bringing us together today, as well as Secretary Haaland for hosting us. Secretary Haaland has been an indispensable partner to the Justice Department, and I am so grateful for her leadership. I am honored to serve alongside her.

I’m also grateful to the Tribal leaders who have traveled from near and far to attend this Summit.

I deeply appreciate this opportunity to reaffirm the Justice Department’s commitment to honoring and strengthening our nation-to-nation partnerships, and to working together to keep Tribal communities safe. 

And I want to reiterate the Justice Department’s intention to approach that work with respect, humility, and sincerity. 

At the Justice Department, we know that open and honest dialogue is essential to fulfilling our shared goals.

We welcome opportunities to hear directly from Tribal leaders. We also appreciate the diversity of thought and perspectives among sovereign Tribal nations.

That is why the Department takes seriously our duty to consult with Tribes, and we are committed to making those consultations as productive as possible.

This year, we held six formal consultations, including our 17th Annual Consultation on Violence Against Women. Hosted for the very first time in Alaska, this consultation has had a record number of participants and Tribal leader testimonies.

We also conducted sessions to receive feedback on improving the Department’s longstanding consultation policy. 

These discussions produced recommendations for improvement, all of which were accepted and incorporated into an updated Tribal Consultation Policy that I am proud to announce today. This marks the first update to the Consultation Policy since 2013. 

We have revised the Policy to explicitly state that consultations need not be limited to one session, or even one concentrated block of sessions. We heard from you that sometimes a more iterative process is needed, and we listened. 

We also heard feedback that Tribal leaders may wish to delegate representation for formal consultations or expand representation to include subject matter experts. We have revised the Policy to establish a process for such representations.

I am grateful to the more than 100 Tribal governments that aided our work to update the Consultation Policy. 

I am confident that these and other revisions to the Policy will lead to better consultations, to the benefit of Tribal communities everywhere.

Establishing and maintaining strong lines of communication is essential, and it is critical to our shared efforts to address disproportionate rates of violence in Tribal communities.

Native American families and communities have endured persistently high levels of violence. 

Women and girls have borne the brunt of that violence. 

And the crisis of missing or murdered Indigenous People has shattered the lives of victims, their families, and entire Tribal communities.

This is unacceptable. 

The Justice Department is committed to partnering with Tribal communities, governments, courts, and law enforcement agencies to help reduce crime and support victims.

Our prosecutors and law enforcement components are an essential part of that work.

In July, the Deputy Attorney General directed every one of our U.S. Attorneys with Indian Country jurisdiction to more proactively address both existing and emerging public safety issues in those areas. 

As part of that effort, each U.S. Attorney’s Office with Indian Country jurisdiction is working to develop new updated operational plans that aim to better promote public safety in Tribal communities. 

This important work is being done alongside the ATF, DEA, FBI, and U.S. Marshals Service, as well as with state, local, Tribal, and territorial agencies. We expect the updated operational plans to be finalized by the end of this year.

Separately, and consistent with our obligations under Savanna’s Act, every U.S. Attorney’s office with Indian Country jurisdiction has developed regionally tailored guidelines specific to cases involving missing or murdered Indigenous People. 

Moving forward, these guidelines will be reviewed and updated annually to ensure that they meet the evolving needs of Tribes.

The Department also continues to break down barriers to criminal justice information that Tribes have faced for years.

We are expanding our Tribal Access Program for National Crime Information, or TAP.  This program allows Tribal governments to access, enter, and exchange data with national crime information systems, including those maintained by the FBI.

In September, we announced the selection of an additional 16 Tribes that will participate in TAP, bringing the total to 123. During this Administration, we have grown participation in TAP by 23 percent. 

And thanks to the reauthorization of the Violence Against Women Act earlier this year, TAP is now a permanent, required program.

This change will not just improve coordination with law enforcement at every level – it will help keep Tribal communities safe. 

Data entered under TAP has resulted in the registration of convicted sex offenders; the entry of domestic violence-related protection orders; the identification and arrest of fugitives; and the prevention of firearm purchases, to name just a few examples.

As the Department prioritizes preventing and disrupting violence in Tribal communities, we are simultaneously working to improve the assistance that victims and witnesses receive in the aftermath of a crime.

This year, our grant-making programs – including the Office on Violence Against Women, the Office of Justice Programs, and the Office of Community Oriented Policing Services – announced more than $246 million in grants that will support public safety efforts in American Indian and Alaska Native communities. 

This total – an increase from the last two years – includes more than $116 million awarded through the Tribal Victim Services Set-Aside Formula Program. These funds will be used to serve crime victims in almost 200 Tribes and villages. 

We also released the newest version of the Attorney General Guidelines for Victim and Witness Assistance – the first update in 10 years. 

Among other revisions, the new revisions provide additional guidance on how best to assist victims who are members of vulnerable populations. For the first time, this guideline specifically addresses victims from American Indian and Alaska Native communities.

In addition, Marlys Big Eagle, a long-time victims’ services provider in the district of South Dakota, is now serving as the Department’s first Native American Outreach Services Liaison.  

In that role, she will work to ensure that victims of crime have a voice during every step of the criminal justice process where the federal government has jurisdiction. 

The Justice Department recognizes that addressing the public safety challenges of this moment will require more than just strong partnerships with Tribes.  

It will also require greater coordination within the federal government.

We are grateful for our continued partnership with the Department of the Interior. As called for by Executive Order 14053, DOJ coordinated with DOI to develop a comprehensive strategy for preventing and responding to violence against Native Americans.

Now, we are executing that strategy. For example, just this week, the FBI and the Bureau of Indian Affairs entered into a Memorandum of Understanding that updates the operational agreements between these two agencies for the first time since 1993.

This MOU will strengthen information sharing processes and expand avenues for collaboration between the agencies during criminal investigations. 

The changes, which reflect Tribal feedback, will make our investigations both more efficient and more effective.

Finally, and in addition to meeting the public safety challenges facing Tribal communities, the Justice Department is ensuring that its civil rights work accounts for Tribal interests.

Protecting the civil rights of all individuals was a founding purpose of the Department. It remains an urgent priority. 

For example, earlier this Fall, the Department filed a lawsuit against the owners and operators of a hotel and bar in South Dakota for violating the Civil Rights Act of 1964 by discriminating against Native American customers.  

The Justice Department is working hard to make good on our commitment to improve the wellbeing of Tribal communities. In just a few minutes, you will hear even more about that from Associate Attorney General Vanita Gupta, who has been integral to our efforts to support Tribes.  

But we know that we cannot do this work without you.

As we fulfill our public safety obligations to Tribal communities, we promise to do so as partners.

This means establishing and maintaining strong lines of communication. 

This means listening to you, as leaders of your governments and representatives of your citizens. 

And it means incorporating your insights into our processes.

I am grateful for your partnership. I am humbled by your trust. And I am honored to work alongside you as we build a better future.

Thank you very much.

Connecticut Man Admits to Attempting to Travel to The Middle East to Join and Fight For ISIS

Source: United States Department of Justice News

Ahmad Khalil Elshazly, 25, of West Haven, Connecticut, pleaded guilty today in Bridgeport federal court to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.

According to court documents and statements made in court, beginning in approximately September 2018, Elshazly, a U.S. citizen, expressed a desire to travel to Syria and the surrounding area to fight on behalf of ISIS. In numerous conversations online and in person, he pledged allegiance to ISIS and its leader, Abu Bakr Al-Baghdadi. For example, in October 2019, Elshazly sent a message pledging allegiance (bayat) to the new leader of ISIS, saying “I pledge my allegiance…to the Khilafah (the successor of the leadership) of the Muslims Abu Ibrahim Al Husseini Al Hashami Al Qurashi…” (after Abu Bakr Al-Baghdadi’s death).

On Dec.14, 2019, Elshazly paid $500 to a person he believed was an ISIS facilitator who would be able to smuggle him out of the U.S. to Turkey. He further believed that travelling to Turkey would enable him to connect with ISIS members overseas who, in turn, would assist him with traveling to ISIS within Syria. On Dec. 15, 2019, Elshazly was arrested after he arrived in Stonington, Connecticut, where he expected to board a boat to begin his trip.

Elshazly has been detained since his arrest. The charge of conspiring to provide material support to a designated foreign terrorist organization carries a maximum term of imprisonment of 20 years. A sentencing date is not scheduled.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Vanessa Roberts Avery for the District of Connecticut and Special Agent in Charge David Sundberg of the FBI New Haven Field Office made the announcement.

This matter has been investigated by the FBI’s Joint Terrorism Task Force (JTTF) with the assistance of the Stonington Police Department, New Haven Police Department and Connecticut State Police. The FBI’s JTTF includes participants from the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), IRS – Criminal Investigation, Naval Criminal Investigative Service, U.S. Marshals Service, U.S. Citizenship and Immigration Services, Connecticut State Police, Connecticut Department of Correction, Metropolitan Transportation Authority Police Department, Norwich Police Department, Hartford Police Department, Stamford Police Department, Norwalk Police Department, Town of Groton Police Department, UConn Police Department, Yale Police Department and New York Police Department.

Assistant U.S. Attorney Margaret M. Donovan for the District of Connecticut and Trial Attorneys Justin Sher and Daniel Gardner of the National Security Division’s Counterterrorism Section are prosecuting the case.