Month: January 2023

Source: United States Department of Justice News

Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Brayan Contreras-Avalos, a/k/a “Anonimo,” “Humilde,” and “Malia,” age 28, of Langley Park, Maryland, late yesterday to the statutory maximum sentence of life in federal prison on charges related to his participation in a racketeering enterprise known as La Mara Salvatrucha, or “MS-13” and a concurrent five years in prison for a drug distribution conspiracy.  Contreras-Avalos was convicted after a three-week trial, along with co-defendants Luis Flores-Reyes, a/k/a “Maloso,” “Lobo,”’ and “Viejo Lovvon,” age 42, of Arlington, Virginia and Jairo Jacome, a/k/a “Abuelo”, age 40, of Langley Park, Maryland.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Wayne Jacobs of the Federal Bureau of Investigation – Washington Field Office Criminal Division; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration – Washington Division; Special Agent in Charge Frank A. Tarentino III of the Drug Enforcement Administration – New York Division; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; Chief Malik Aziz of the Prince George’s County Police Department; and Chief Marcus Jones of the Montgomery County Police Department.

MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador and other central American countries.  Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland.  Contreras-Avalos, along with co-defendant Luis Flores-Reyes, was a leader within the Sailors Clique, which held territory in Maryland, Virginia, New York, New Jersey, Texas, and El Salvador.  Co-defendant Jairo Jacome was the highest-ranking member of the local Langley Park Salvatrucha, or “LPS” clique. 

At all times of this conspiracy, members of MS-13 were expected to protect the name, reputation, and status of the gang and to use any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence.  MS-13 had mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control.”  One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible. 

MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members.  Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increase the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position. 

As detailed during the trial, Contreras-Avalos and his co-defendants participated in at least three murders, including four minor victims, during the period of the conspiracy.  Most of the victims were purported gang rivals except for one minor victim.  For example, in June 2016, members of MS-13, including Contreras-Avalos, stabbed to death two homeless persons who gang members believed to be members of the 18^th Street gang, in Hyattsville, Maryland.  The investigation revealed no evidence that the victims were in fact members of any gang.  According to the evidence presented at trial, Contreras-Avalos sought on another occasion to kill a homeless man until permission was denied, and later approved an unrelated murder where the intended target survived the attack but an associate did not.

According to court documents and evidence presented at trial, the defendants ran an extortion scheme in and around Langley Park, extorting local businesses by charging them “rent” for the privilege of operating in MS-13 “territory.”  Contreras-Avalos and Flores-Reyes also trafficked illegal drugs, including marijuana and cocaine.  A large share of the proceeds of the gang’s illegal activities were sent to gang leadership in El Salvador to further promote the illicit activities of the gang, using structured transactions and intermediaries to avoid law enforcement scrutiny.

Co-defendants Luis Flores-Reyes, a/k/a “Maloso,” “Lobo,”’ and “Viejo Lovvon,” age 42, of Arlington, Virginia and Jairo Jacome, a/k/a “Abuelo”, age 40, of Langley Park, Maryland, were convicted for the racketeering conspiracy and for murder in aid of racketeering.  Jacome and Flores-Reyes were also convicted of extortion conspiracy.  Flores-Reyes and Jacome face a mandatory sentence of life in prison at their sentencing.  Judge Xinis has scheduled sentencing for Flores-Reyes on February 22, 2023 and for Jacome on February 23, 2023.

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.

This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.    

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite, Jr. commended the FBI, DEA, HSI, Prince George’s County Police Department, Montgomery County Police Department, Virginia State Police, Lynchburg Police Department, Prince William County Police Department, Nassau County District Attorney’s Office, the Bedford County Commonwealth’s Attorney’s Office and the Bedford County Sheriff’s Office for their work in the investigation.  Mr. Barron and Mr. Polite thanked Assistant U.S. Attorneys Timothy F. Hagan, Chris M. Sarma, William Moomau, Assistant Director Catherine Dick of the Department of Justice Consumer Protection Division and Trial Attorney Alexander Gottfried of the Justice Department’s Criminal Division, who are prosecuting this case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Source: United States Department of Justice News

           Montgomery, Alabama – Today, Johnnie Leeanozg Davis, 36, from Montgomery, Alabama, was sentenced to 315 months in federal prison, announced United States Attorney Sandra J. Stewart. The judge also ordered Davis to serve three years of supervised release following his prison sentence. There is no parole in the federal system.

           In October of 2022, following a two-day trial, a jury convicted Davis of carjacking three vehicles and using a firearm during the commission of the crimes. As the trial evidence established, following each carjacking, Davis used the stolen vehicle to commit an armed robbery of a Montgomery business.

           First, on January 23, 2020, a woman was about to load her two grandchildren into a car outside a home in Montgomery. Davis approached the vehicle, displayed a gun in his waistband, and told the woman, “Don’t move or say anything, all I want is the car.” Once Davis took the vehicle, he robbed the Sunoco gas station located at the corner of Carmichael Road and East Trinity Boulevard in Montgomery.

           Several months later, on October 30, 2020, a man and his 15-year-old son had just parked on the street near a Montgomery residence when the father got out of the driver’s side and walked around to the passenger side only to find Davis there pointing two guns at the teenager. The father and son quickly moved away from the vehicle, Davis got into it, and he drove away. Shortly thereafter, Davis used the stolen vehicle to rob the Dollar General on Perry Hill Road in Montgomery.

           The third carjacking and ensuing robberies occurred in Montgomery on November 11, 2020.  On that day, Davis approached a vehicle outside a business, pointed a gun at the man sitting inside the car, and demanded that he get out. The man did so, and Davis stole the vehicle. Within 20 minutes of the carjacking, Davis robbed both the Fresh Market grocery store on Perry Hill Road, and a Dollar General store on the Eastern Boulevard.  

           The FBI investigated this case, with assistance from the Montgomery Police Department. Assistant United States Attorneys Kevin P. Davidson and John J. Geer, III prosecuted the case.

Source: United States Department of Justice News

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Phillip Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General, and Jean Pierre Njock, Acting Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that AMVIK SOLUTIONS, LLC (“Amvik”) has entered into a civil settlement agreement with the federal government and has paid $153,300 to resolve allegations that it submitted false claims for payment to the Connecticut Medicaid program for applied behavior analysis (“ABA”) services.

Amvik, based in Birmingham, Alabama, offers billing, claims, and collections services for healthcare providers.  Amvik uses its proprietary WebABA software to perform these services for ABA providers throughout the United States.  Helping Hands Academy, LLC (“Helping Hands”) was a Bridgeport-based ABA services provider that provided ABA services to children with autism.  In 2018, Helping Hands retained Amvik to handle the billing and claims for those ABA services.  The government alleges that when submitting claims for payment to Connecticut Medicaid on behalf of Helping Hands, Amvik falsely identified the incorrect Board Certified Behavior Analyst (“BCBA”) as the rendering provider on the claims.  This caused Connecticut Medicaid to pay claims that it would not have otherwise paid.

To resolve the allegations under the federal False Claims Act, Amvik has paid $153,300 to the federal government for conduct occurring between October 3, 2019, through October 1, 2020.

This matter was investigated by the Office of the Inspector General for the Department of Health and Human Services, and the Federal Bureau of Investigation. This case was prosecuted by Assistant U.S. Attorney Sara Kaczmarek.

People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Task Force at (203) 777-6311.

Source: United States Department of Justice News

BOISE — A federal grand jury in Boise returned an indictment on January 11, charging an Idaho man with distribution of fentanyl resulting in serious bodily injury or death.

The indictment alleges that on May 17, 2022, Tanner Lee Goforth, 36, knowingly and intentionally distributed a substance containing fentanyl and that substance resulted in the death of the victim.

Police officers with the Nampa Police Department arrested Goforth on January 12, 2023. Goforth is scheduled to be arraigned on the charge on January 17, 2023, at 3:00 p.m., before U.S. Magistrate Judge Debora K. Grasham, at the U.S. Courthouse in Boise, Idaho.

If convicted, Goforth faces a sentence of at least twenty years and up to life imprisonment. Under the Sentencing Reform Act of 1984, Congress has eliminated parole for defendants convicted of federal crimes committed after November 1, 1987.

U.S. Attorney Josh Hurwit, of the District of Idaho made the announcement and commended the investigation conducted by the Nampa Police Department and the Drug Enforcement Administration.

An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

NEW ORLEANS – U.S. Attorney Duane Evans announced that on January 12, 2023 EMILIO CESAR CLARA-GOMEZ, a/k/a “Emilio Cesar Clara-Gomez”, a/k/a “Emilio C. Clara Gomez”, age 34, was charged in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).

According to the indictment, EMILIO CESAR CLARA-GOMEZ, a/k/a “Emilio Cesar Clara-Gomez”, a/k/a “Emilio C. Clara Gomez”, (“CLARA-GOMEZ”), reentered the United States after he was previously deported on December 8, 2016. If convicted, CLARA-GOMEZ faces a maximum term of imprisonment of two years, a maximum fine of up to $250,000.00, a maximum term of supervised release of up to one year, and a mandatory $100 special assessment fee. He faces sentencing enhancement of 20 years because of a prior felony conviction.

U. S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt. 

U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter.  Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.