Month: January 2023

Source: United States Department of Justice News

A Dallas man who allegedly dealt Glock switches via Instagram has been charged with firearm crimes, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

Jeremiah Dwyen Ashley, 22, was indicted on two counts of possession of an unregistered firearm on December 28.

“Switches transform regular pistols into weapons of war, only suitable for use by soldiers on the battlefield,” said U.S. Attorney Leigha Simonton. “We cannot and will not allow switches to proliferate on the streets of north Texas.”

“Nothing keeps me up at night more than the thought of a machinegun in the wrong hands. If not promptly investigated and arrested, Mr. Ashley would have continued to put these tools of violence on our streets.  Citizens of North Texas need to know that ATF and all our law enforcement partners are doing everything we can to prevent machinegun conversion devices from being used and sold unlawfully. These are not toys or souvenirs; these are terrifying,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II.

According to court documents, after spotting an advertisement for Glock switches – devices that convert ordinary semiautomatic pistols into fully automatic machineguns – on Instagram, law enforcement reached out to the owner of the account to arrange an undercover purchase.

On May 24, an undercover officer met an unidentified male, later identified as Mr. Ashley, at a gas station in Garland and purchased three Glock switches for $1,200. When the officer asked how the devices worked, Mr. Ashley allegedly showed him how to install a switch on a pistol.

After confirming Mr. Ashley’s identity, the officer reached out to the Instagram account to arrange a second undercover purchase. In response, the officer received a screenshot of UPS tracking information. UPS security personnel told law enforcement that the package, which was addressed to another individual, was a part of a three-parcel shipment that originated from a company in Taiwan.

Law enforcement seized all three packages from a UPS distribution center on June 10. Inside the packages, they found 30 Glock switches, all surrounded by metal screws, likely included to obscure the packages’ contents. An undercover agent, posing as a package delivery person, delivered the packages to Mr. Ashley on June 14. After giving him a few moments to open the packages, law enforcement executed a search warrant on his apartment.

During the search, Mr. Ashley allegedly admitted that he knew the packages contained Glock switches and confirmed that he understood the purpose of a switch. He claimed that someone else ordered the packages but said they were intended for him. He allegedly admitted that he was known around the neighborhood for selling switches on Instagram.

Glock switches are classified as machineguns under federal law. Unlike semiautomatic firearms, machineguns – weapons that can fire more than one round, without manual reloading, by single function of the trigger – are generally unlawful for non-licensed civilians under the National Firearms Act.

An indictment is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Ashley is presumed innocent until proven guilty in a court of law.

If convicted, he faces up to 20 years in federal prison, 10 years per count.

The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Office and the Garland Police Department conducted the investigation with the assistance of the Texas Department of Public Safety. Assistant U.S. Attorney Blake Ellison is prosecuting the case.

Source: United States Department of Justice News

            CONCORD – Robert Corson, 34, formerly of Portsmouth, New Hampshire was sentenced to 84 months in federal prison for drug trafficking, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, in April and May 2021, Corson sold quantities of methamphetamine and fentanyl to an undercover New Hampshire State Police Trooper and a cooperating individual. In July 2021, the Federal Bureau of Investigation arrested Corson for the drug sales outside of a storage unit Corson rented in Portsmouth. A search of the storage unit resulted in the seizure of approximately 200 grams of fentanyl and “ice” methamphetamine, small quantities of other narcotics, drug paraphernalia, and a firearm.

            “The sentence imposed on the defendant sends a strong message that those who sell drugs will be vigorously prosecuted and the government will seek significant periods of incarceration,” said U.S. Attorney Young.  “Fentanyl kills members of our communities daily and the United States Attorney’s Office along with our federal partners will employ every asset available to stop the flow of these poisons onto our streets.”

            “DEA is committed to investigating and dismantling Drug Trafficking Organizations and individuals like Mr. Corson who are responsible for distributing lethal drugs like fentanyl and methamphetamine to the citizens of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle.  “Today’s sentence not only holds Mr. Corson accountable for his crimes but serves as a warning to those traffickers who are fueling the opioid epidemic with deadly drugs in order to profit and destroy people’s lives.  DEA’s top priority is combatting this epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes this poison.”

            “Robert Corson has repeatedly demonstrated a lack of respect for the law with his lengthy record of criminal convictions and numerous violations of bail, probation, and parole. In fact, he was on parole when an undercover officer with the FBI’s Major Offender Task Force bought deadly fentanyl and methamphetamine from him,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Mr. Corson’s criminal conduct is well deserving of today’s significant prison sentence because trafficking in fentanyl and methamphetamine not only destroys lives and families but causes countless deaths of the very people ensnared in their addictions to these dangerous drugs.”

            The case was investigated by the Federal Bureau of Investigation’s New Hampshire Major Offender Task Force, the United States Drug Enforcement Administration’s Tactical Diversion Squad, New Hampshire State Police, and the Portsmouth Police Department. The case is being prosecuted by Assistant United States Attorney Jennifer C. Davis.

            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.

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Source: United States Department of Justice

Pennsylvania-based medical device distributor Jet Medical Inc. (Jet) agreed to pay $200,000 to resolve criminal allegations relating to a migraine headache treatment, and Jet and two related companies agreed to pay another $545,000 in a civil settlement involving the same device.

In a criminal information filed today in the Southern District of Illinois, the government alleged that between April 2014 and April 2019, Jet introduced into interstate commerce devices that were misbranded under the Federal Food, Drug and Cosmetic Act (FDCA) because Jet did not obtain approval or clearance from the FDA prior to distributing the devices. Jet’s device, the Allevio SPG Nerve Block Catheter (Allevio), was intended to treat migraine headaches by administering nerve blocks to the sphenopalatine ganglion (SPG), a collection of nerves located deep in the midface of the skull. The information alleges that Jet never sought approval or clearance from FDA to distribute the Allevio for this intended use, nor did Jet conduct an investigational study regarding the Allevio’s safety and effectiveness when used as intended.

The resolution announced today includes a deferred prosecution agreement and criminal penalties totaling $200,000. As part of the deferred prosecution agreement, which must be approved by the court, Jet admitted that it distributed misbranded devices in violation of the FDCA and agreed to implement enhanced compliance measures. The resolution also includes a civil settlement with the federal government under the False Claims Act (FCA) totaling $545,133. Along with Jet, related companies Medical Components Inc. (MedComp) and Martech Medical Products Inc. (Martech) are parties to the civil settlement.

“The FDA approval and clearance process serves an important role in ensuring that devices used to treat patients are safe, effective, and medically appropriate,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will not permit companies to circumvent that process and put profits over patient safety.”

“Medical device companies put vulnerable patients at risk when they fail to follow FDA’s standards and requirements,” said U.S. Attorney Rachelle Aud Crowe for the Southern District of Illinois. “This resolution reflects our commitment to holding companies accountable for violating the integrity of the FDA approval process and placing profits over people.”

“Doctors and their patients rely on FDA oversight to ensure that the medical devices they depend upon are safe and effective for their intended uses. Device manufacturers who circumvent the proper regulatory path in bringing their products to market endanger patients and put the public health at risk,” said Assistant Commissioner for Criminal Investigations Catherine A. Hermsen of the FDA Office of Criminal Investigations. “We will continue to investigate and bring to justice companies that ignore the law and jeopardize the public health.”

“This medical device distributor undermined the integrity of the FDA approval process and disregarded patient safety for personal profit,” said Special Agent in Charge Curt L. Muller of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Working closely with our law enforcement partners, we will continue to investigate and hold accountable those who put the health and safety of patients at risk and waste valuable taxpayer dollars.”

The civil settlement resolves a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act in the Southern District of Illinois. That lawsuit alleged that Jet, MedComp, and Martech violated the FCA by causing medical providers to submit false claims to the Medicare Program for procedures using the Allevio. The lawsuit alleged the Allevio was not approved or authorized by the FDA for use in SPG nerve blocks for the treatment of headaches, and that the procedure was not covered by Medicare. The suit alleged that Jet, MedComp, and Martech instructed, coached, and encouraged medical providers to submit improper billing codes to Medicare for reimbursement of services using the Allevio device.

The resolution of this matter illustrates the government’s emphasis on combating health care fraud. The FCA is one of the most powerful tools in this effort. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 900-HHS-TIPS (800-447-8477).

The FDA’s Office of Criminal Investigations conducted the investigation.

Assistant U.S. Attorney Luke Weissler for the Southern District of Illinois and Trial Attorney David Hixson of the Civil Division’s Consumer Protection Branch, with assistance from the FDA’s Office of Chief Counsel, represented the government in the criminal case. Assistant U.S. Attorney Laura Barke for the Southern District of Illinois represented the government in the civil case. 

Except as to conduct admitted in connection with the deferred prosecution agreement, the claims settled by the civil agreement are allegations only and there has been no determination of civil liability.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Illinois, visit https://www.justice.gov/usao-sdil.

Source: United States Department of Justice

Friday, Jan. 6, 2023, will mark 24 months since the attack on the U.S. Capitol that disrupted a joint session of the U.S. Congress in the process of affirming the presidential election results.

Under the continued leadership of the Justice Department, the U.S. Attorney’s Office for the District of Columbia and the FBI’s Washington Field Office, the investigation and prosecution of those responsible for the attack continues to move forward at an unprecedented speed and scale.

Attorney General Merrick B. Garland made the following statement:

“Two years ago, the United States Capitol was attacked as lawmakers met to affirm the results of a presidential election. Perpetrators attacked police officers, targeted and assaulted members of the media, and interfered with a fundamental element of our democracy: the peaceful transfer of power from one administration to the next.

“Since then, countless agents, investigators, prosecutors, analysts, and others across the Justice Department have participated in one of the largest, most complex, and most resource-intensive investigations in our history. I am extremely grateful for the dedication, professionalism, and integrity with which they have done this work. This investigation has resulted in the arrest of more than 950 defendants for their alleged roles in the attack. We have secured convictions for a wide range of criminal conduct on January 6 as well as in the days and weeks leading up to the attack. Our work is far from over.

“We will never forget the sacrifice of the law enforcement officers who defended the members of Congress and others inside the Capitol that day. And we will never forget the five officers who responded selflessly on January 6 and who have since lost their lives: Officer Brian Sicknick, Officer Howard Liebengood, Officer Jeffrey Smith, Officer Gunther Hashida, and Officer Kyle DeFreytag. 

“The Justice Department remains committed to honoring them. We remain committed to ensuring accountability for those criminally responsible for the January 6 assault on our democracy. And we remain committed to doing everything in our power to prevent this from ever happening again.”

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Based on the public court documents, below is a snapshot of the investigation as of Wednesday, Jan. 4, 2023. Complete versions of most of the public court documents used to compile these statistics are available on the Capitol Breach Investigation Resource Page at https://www.justice.gov/usao-dc/capitol-breach-cases.

Arrests made: More than 950 defendants have been arrested in nearly all 50 states and the District of Columbia. (This includes those charged in both District and Superior Court).

Criminal charges:

• More than 284 defendants have been charged with assaulting, resisting, or impeding officers or employees, including approximately 99 individuals who have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.
  • Approximately 140 police officers were assaulted Jan. 6 at the Capitol, including about 80 from the U.S. Capitol Police and about 60 from the Metropolitan Police Department.

• Approximately 11 individuals have been arrested on a series of charges that relate to assaulting a member of the media, or destroying their equipment, on January 6.
• Approximately 860 defendants have been charged with entering or remaining in a restricted federal building or grounds. Of those, 91 defendants have been charged with entering a restricted area with a dangerous or deadly weapon.
• Approximately 59 defendants have been charged with destruction of government property, and approximately 36 defendants have been charged with theft of government property.
• More than 295 defendants have been charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so.
• Approximately 50 defendants have been charged with conspiracy, either: (a) conspiracy to obstruct a congressional proceeding, (b) conspiracy to obstruct law enforcement during a civil disorder, (c) conspiracy to injure an officer, (d) seditious conspiracy, or (e) some combination of the four.

Pleas:

• Approximately 484 individuals have pleaded guilty to a variety of federal charges, many of whom faced or will face incarceration at sentencing.
  • Approximately 119 have pleaded guilty to felonies. Another 364 have pleaded guilty to misdemeanors.
  • A total of 52 of those who have pleaded guilty to felonies have pleaded to federal charges of assaulting law enforcement officers. An additional 22 individuals have pleaded guilty to felony obstruction of law enforcement during a civil disorder. Of these 74 defendants, 41 have now been sentenced to prison terms of up to 90 months.
  • Four of those who have pleaded guilty to felonies have pleaded guilty to the federal charge of seditious conspiracy.

Trials:

• 40 individuals have been found guilty at contested trials, including three who were found guilty in the Superior Court of the District of Columbia. Another 10 individuals have been convicted following an agreed-upon set of facts. 16 of these 50 defendants were found guilty of assaulting, resisting, or impeding officers, a felony, including one who has been sentenced to 10 years in prison.

Sentencings:

• Approximately 351 federal defendants have had their cases adjudicated and received sentences for their criminal activity on January 6. Approximately 192 have been sentenced to periods of incarceration. Approximately 87 defendants have been sentenced to a period of home detention, including approximately 14 who also were sentenced to a period of incarceration.

Public Assistance:

• Citizens from around the country have provided invaluable assistance in identifying individuals in connection with the January 6 attack. The FBI continues to seek the public’s help in identifying approximately 350 individuals believed to have committed violent acts on the Capitol grounds, including over 250 who assaulted police officers.
• Additionally, the FBI currently has 14 videos of suspects wanted for violent assaults on federal officers and one video of two suspects wanted for assaults on members of the media on Jan. 6 and is seeking the public’s help to identify them.
• Some of the violent offenders about whom the FBI is seeking public tips to identify and locate Evan Neumann, Jonathan Daniel Pollock, AFOs #91, #292, #371, and #383. AFO #91 uses what appears to be a stick to strike multiple officers numerous times while in the doorway of the Lower West Terrace, commonly referred to as the tunnel. AFOs #292, #371, and #383 are all shown on video charging at and assaulting officers, and they appear to grab and attempt to take possession of the officers’ batons.
• For images and video of the attackers, please visit https://www.fbi.gov/wanted/capitol-violence. Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice News

United States Attorney Clint Johnson today announced the results of the January 2023 Federal Grand Jury A.

The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Legreasha Junice Alexander. Wire Fraud (Counts 1-4). From April 11, 2021, to the date of the indictment, Alexander, 40, of Tulsa, devised a scheme to defraud the Small Business Administration (SBA) when she submitted two fraudulent Paycheck Protection Program (PPP) loan applications and two PPP loan forgiveness applications to an SBA approved lender in Laguna Hills, California. The Board of Governors of the Federal Reserve System and Bureau of Consumer Financial Protection Office of Inspector General and U.S. Department of Treasury Inspector General for Tax Administration are the investigative agencies. Assistant U.S. Attorney Richard M. Cella is prosecuting the case. 22-CR-6

Edson Vladimir Bellefleur. Wire Fraud (Counts 1-4). From April 2, 2021, through the date of the indictment, Bellefleur, 36, of Tulsa, devised a scheme to defraud the Small Business Administration (SBA) by submitting two fraudulent Paycheck Protection Program (PPP) loan applications and two PPP loan forgiveness applications to an SBA approved lender in Laguna Hills, California. The Board of Governors of the Federal Reserve System and Bureau of Consumer Financial Protection Office of Inspector General and U.S. Department of Treasury Inspector General for Tax Administration are the investigative agencies. Assistant U.S. Attorney Richard M. Cella is prosecuting the case. 23-CR-5

Jose Cruz-Perez.  Unlawful Reentry of a Removed Alien. Cruz-Perez, 29, a Mexican national, is charged with unlawfully reentering the United States after having been removed on Aug. 2, 2018, at or near San Luis, Arizona. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cheryl L. Baber is prosecuting the case. 23-CR-4

Luis Fuentes-Martinez. Unlawful Reentry of a Removed Alien. Fuentes-Martinez, 36, a Mexican national, is charged with unlawfully reentering the United States after having been removed on Jan. 4, 2018, at or near Laredo, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 23-CR-3

Tara Alvita-Gourd Gutierrez. Possession of Methamphetamine with Intent to Distribute (Count 1) Distribution of Methamphetamine (Counts 2-3) Use of a Communication Facility in Committing, Causing, and Facilitating the Commission of a Drug Trafficking Felony (Counts 4-9) (superseding). Gutierrez, 46, of Tulsa, is charged with possessing with intent to distribute 50 grams or more of methamphetamine on Nov. 26, 2022. In this superseding indictment, she is also charged with distributing 50 grams or more of methamphetamine on Sept. 14, 2022, and on Oct. 4, 2022. She is also charged with coordinating the distribution of methamphetamine using a phone. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Spencer Willson is prosecuting the case. 22-CR-407

Scotty Wayne Harjo. Second Degree Burglary in Indian Country (Counts 1-25). In the past year, Harjo, 38, of Tulsa, allegedly broke into and entered commercial buildings on 25 different occasions with the intent to steal property or cash. The Bureau of Indian Affairs and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 23-CR-2

Malcolm Andre Jones. Wire Fraud (Counts 1-6); Aggravated Identity Theft (Counts 7-10). Jones, 30, of Broken Arrow, allegedly devised a scheme to defraud the Small Business Administration (SBA) by submitting fraudulent Paycheck Protection Program (PPP) loan applications and fraudulent PPP loan forgiveness applications to SBA approved lenders in Lake Mary, Florida, and Bedford, Texas. Jones fraudulently submitted one loan and one forgiveness application in his name. He further fraudulently submitted two loans and two forgiveness applications using another individual’s identity. The Board of Governors of the Federal Reserve System and Bureau of Consumer Financial Protection Office of Inspector General and U.S. Department of Treasury Inspector General for Tax Administration are the investigative agencies. Assistant U.S. Attorney Richard M. Cella is prosecuting the case. 22-CR-7

Noe Nava-Mata. Unlawful Reentry of a Removed Alien. Nava-Mata, 34, a Mexican national, is charged with unlawfully reentering the United States after having been removed on Jan. 20, 2013, at or near Calexico, California. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cheryl L. Baber is prosecuting the case. 22-CR-8

Yovanny Padilla-Aguilar. Unlawful Reentry of a Removed Alien. Padilla-Aguilar, 39, a Mexican National, is charged with unlawfully reentering the United States after having been removed on June 24, 2019, at or near Hidalgo, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cheryl L. Baber is prosecuting the case. 22-CR-9

Desiree Rochelle Wofford. Child Neglect in Indian Country. From Aug. 15, 2022, to Sept. 30, 2022, Wofford, 26, of Tulsa, allegedly failed to get medical care for her child after he was injured. The delay in care resulted in further medical issues. Additionally, law enforcement executed a search warrant of the home and discovered that it was unfit to live in. The FBI and Muscogee Nation Lighthorse Tribal Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-CR-10

Renferio Yanez-Palacios. Unlawful Reentry of a Removed Alien. Yanez-Palacios, 51, a Mexican national, is charged with unlawfully reentering the United States after having been removed on Sept. 21, 2002, at or near Laredo, Texas. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. 22-CR-11