Month: February 2023

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Former Columbus police officer sentenced to 9 years in prison for trafficking fentanyl, accepting bribes

Source: United States Department of Justice News

COLUMBUS, Ohio – A former Columbus police officer was sentenced in federal court today to 108 months in prison for conspiring to distribute more than eight kilograms of fentanyl and accepting bribes to protect the transportation of cocaine.

Marco R. Merino, 45, of Columbus, was arrested by federal agents in September 2021 and pleaded guilty in February 2022.

“We cannot allow those who took an oath to uphold law and order to begin violating the law,” said U.S. Attorney Kenneth L. Parker. “This office will hold lawbreakers accountable, no matter their profession.”

From June to September 2021, Merino conspired with another Columbus police officer to traffic fentanyl. Merino distributed fentanyl to another individual on at least three occasions and accepted $32,500 for approximately one of the kilograms of fentanyl.

In March, April, May, August and September 2021, Merino accepted a total of $45,000 in cash in exchange for protecting the safe transport of at least 47 kilograms of cocaine. Merino possessed a firearm in furtherance of the protection of cocaine. Unbeknownst to Merino, there was no actual cocaine and each of the transactions was controlled by federal law enforcement.

Court documents detail that Merino tried to recruit a confidential informant to traffic drugs with him. Merino promised law enforcement protection to the individual and said he could intervene if other law enforcement agencies attempted to investigate the confidential informant.

Fellow former Columbus police officer John J. Kotchkoski, 33, of Marengo, Ohio, awaits sentencing.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Ohio Attorney General Dave Yost; and Columbus Police Chief Elaine Bryant announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Peter K. Glenn-Applegate and Elizabeth A. Geraghty are representing the United States in this case.

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General Contractor And Real Estate Developer Plead Guilty In Connection With Worker Death On Construction Site In Poughkeepsie

Source: United States Department of Justice News

Onekey, LLC, and Finbar O’Neill Convicted on Charges of Willfully Violating OSHA Regulations Resulting in Death of Construction Worker

Damian Williams, the United States Attorney for the Southern District of New York, announced today that ONEKEY, LLC, a New Jersey construction company, and its principal, FINBAR O’NEILL, pled guilty to willfully violating Occupational Safety and Health Administration (“OSHA”) regulations, resulting in the death of a construction worker (“Victim-1”) in Poughkeepsie, New York, on or about August 3, 2017.  The defendants pled guilty before U.S. Magistrate Judge Paul E. Davison, to whom the case is assigned.  The defendants are scheduled to be sentenced on May 12, 2023.

U.S. Attorney Damian Williams said: “Onekey, a construction company, and its principal, Finbar O’Neill, endangered the safety of their workers by willfully disregarding regulations and taking shortcuts to sidestep their safety obligations.  This conduct led to the tragic death of a worker on a construction site.  Today’s guilty plea should serve as a reminder to all businesses that failure to comply with safety regulations endangers their workers and unfairly disadvantages business that are following the rules, and this Office will hold you accountable.”

According to statements and filings in federal court:

In 2017, ONEKEY and O’NEILL implemented a soil compaction plan at a construction site at 1 Dutchess Avenue in Poughkeepsie.  The soil compaction plan involved piling large quantities of dirt, called “surcharges,” on top of the sites of three future buildings.  An engineering firm designed a plan for the use of the surcharges.  ONEKEY and O’NEILL did not follow this plan.  Instead, they built a wall to hold back one of the surcharges, so workers could get started on the buildings next to it.  ONEKEY and O’NEILL did not consult with any qualified person to see if the wall could withstand the weight to be placed on it by the surcharge. 

While people were working next to the wall, ONEKEY kept using construction machinery to add dirt to the surcharge pressing up against the wall.  The people working near the wall were not warned about the dangers it created.  ONEKEY and O’NEILL heard from people working at the site that the wall was not safe.  They did not fix the wall.

On August 3, 2017, workers complained that construction machines were driving on top of the surcharge, adding dirt to it.  Later that day, the wall collapsed.  As it fell, Victim-1 ran away from the wall, but he could not get away in time and was killed.

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ONEKEY, LLC, a New Jersey corporation, pled guilty to one count of willful violation of OSHA regulations resulting in death.  The foregoing count carries a maximum fine of $500,000.  FINBAR O’NEILL, 57, of Paramus, New Jersey, pled guilty to one of count of willful violation of OSHA regulations resulting in death.  The foregoing count carries a maximum sentence of six months in prison and a maximum fine of $250,000.  

The maximum potential penalties in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding work of OSHA and the Department of Labor, Office of the Inspector General (“DOL-OIG”).

The case is being handled by the Office’s White Plains Division.  Assistant U.S. Attorneys Steven J. Kochevar and Stephanie Simon are in charge of the prosecution.

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Virginia Man Sentenced on Felony Charges For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

Defendant Joined Mob in Destroying Media Equipment

            WASHINGTON – A Virginia man was sentenced today for destroying media equipment and other illegal conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Joshua Dillon Haynes, 40, of Covington, Virginia, was sentenced to 32 months in prison. Haynes pleaded guilty on October 28, 2022, in the District of Columbia, to obstruction of an official proceeding and destruction of property. In addition to the prison term, U.S. District Court Judge Tanya S. Chutkan ordered restitution, to be determined at a future date, and 36 months of supervised release.

            According to court documents, on Jan. 6, 2021, at about 2:30 p.m., Haynes was illegally on restricted grounds, part of a mob that gathered on the Lower West Terrace of the Capitol, outside the East Rotunda Doors. About 20 minutes later, he followed a mob of rioters and entered the Capitol Building through the Senate Wing Door. He remained there until approximately 3:12 p.m., walking in areas including the Crypt and inside the office of a U.S. Senator.

            While outside the building, Haynes assisted two other individuals in forcibly removing an air conditioning unit from a building outside the Capitol and dropped the unit to the ground.

            At about 4:50 p.m., a large crowd of rioters made its way to and past a media staging area that was set up outside the northeast corner of the Capitol, on the grounds. Media members were forced to flee the area before they could recover their cameras and associated equipment. Numerous members of the crowd destroyed equipment, including cameras, tripods, and remote broadcasting equipment. At about 5 p.m., Haynes picked up and slammed down multiple pieces of equipment that belonged to media outlets.

            Later Jan. 6, after the equipment at the media staging area was destroyed, Haynes sent an associate a text message saying, “broke lotsa stuff.” He then sent an image with the message, “We attacked the CNN reporters and the fake news and destroyed tens of thousands of dollars of their video and television equipment.” He also sent this message to the same associate, “I want to get busted for tearing up the nations capital and the fake news.”

            Haynes was arrested on July 1, 2021, in Covington, Virginia.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of Virginia.

            The case was investigated by the FBI’s Washington Field Office, which identified Haynes as #203 on its website seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            In the 24 months since Jan. 6, 2021, more than 950 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 284 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

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British Nationals Plead Guilty to Interference with Flight Crew, Assault on Flight Diverted to BIA

Source: United States Department of Justice News

BANGOR, Maine: Two men from Manchester, England pleaded guilty in U.S. District Court in Bangor today to interference with a flight crew and assault. The charges stem from an incident on a TUI Airways flight that diverted to Bangor International Airport (BIA) last month.

According to court records, Anthony Joseph James Kirby, 36, and Damien Jake Murphy, 36, were passengers aboard a TUI Airways flight traveling from Cancun, Mexico to Manchester, England on January 2, 2023. While the flight was in U.S. airspace, the FAA received a report that two passengers had repeatedly interfered with members of the flight crew and flight attendants. After repeated warnings from the captain, the flight diverted to BIA with agents and officers from the FBI, Federal Air Marshal Service, U.S. Customs and Border Protection, and Bangor Police Department responding.

The investigation revealed that Kirby and Murphy had become upset after being told they would not be served any more alcohol. The pair then acquired a large bottle of alcohol from their carry-on luggage and continued to drink, becoming increasingly intoxicated. Despite repeated warnings, the two men continued to be belligerent, including using racial slurs. At one point Murphy assaulted a flight attendant, and Kirby assaulted a passenger. TUI Airways LTD incurred $26,589 in costs and expenses due to the unscheduled landing at BIA.

Kirby and Murphy each face up to 20 years in prison, a fine of up to $250,000 and three years of supervised release for the interference charge. For the assault charges, they face up to one year in prison, a $100,000 fine, and one year of supervised release. The men will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.

The FBI, Federal Air Marshal Service, U.S. Customs and Border Protection, and the Bangor Police Department investigated the case.

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South Texas Supplier in Interstate Narcotics Distribution Network Sentenced to 14 Years in Prison

Source: United States Department of Justice News

AUSTIN, Texas – A Mexican national was sentenced in federal court in Austin last week to 14 years in prison for his role in a narcotics distribution network that spanned the U.S.

According to court documents, Victor Penaloza-Calderon, aka Cuñado, 37, of Michoacan, Mexico was the source of supply for hundreds of kilograms of methamphetamine that was routed to Austin for distribution in and around the city, as well as in states as far away as Wisconsin and North Carolina.  An operation led by the Drug Enforcement Administration has resulted in the arrests and convictions of 29 conspiracy members and, in the process, has dismantled the distribution organization. 

The leader of the distribution organization, Karl Beck, was sentenced to 20 years in prison.  There have been 29 defendants sentenced from the Organized Crime Drug Enforcement Task Force’s (OCDETF) Operation Glass Joe.  Two additional defendants have been indicted and await trial.

“Proving how critical our law enforcement partnerships are, this multi-agency operation has completely dismantled an organization responsible for distributing narcotics in communities across the nation,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “As of today, the defendants in this conspiracy have been sentenced to a total of 2,907 months in federal prison.  That’s your justice system at work.”

“This Drug Trafficking Organization embedded itself in communities across the nation, including Texas, through distribution cells,” said Special Agent in Charge Daniel C. Comeaux of the DEA Houston Division.  “The number of arrests and drug seizures in this case exemplifies DEA’s continued effort to bring those who attempt to profit from our communities to justice.”

“This federal prison sentence sends a clear message that the FBI and our law enforcement partners will continue to work diligently to hold criminals who are bringing methamphetamine and other dangerous drugs into our communities accountable for their actions,” said Special Agent in Charge Oliver E. Rich Jr of the FBI San Antonio Division.

This case was investigated by the DEA; FBI; Austin Police Department; Texas Department of Public Safety; Cedar Park Police Department; Pflugerville Police Department; Bastrop County Sheriff’s Office; and Travis County Sheriff’s Office.

Assistant U.S. Attorney Dan Guess prosecuted the case.

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