Month: February 2023

Source: United States Department of Justice News

A man was arrested today in the Northern District of Florida on criminal charges related to a murder on a U.S. Army base in Germany 21 years ago.

According to court documents, Shannon L. Wilkerson, 42, is allegedly responsible for the death of Amanda Gonzales on Nov. 3, 2001. The murder occurred at Fliegerhorst Kaserne, then a U.S. Army base in Hanau, Germany. Wilkerson was a member of the Armed Forces at the time of the alleged offense but was later discharged from the Army.

Wilkerson is charged under the Military Extraterritorial Jurisdiction Act, which gives the U.S. federal courts jurisdiction over crimes committed outside the United States by, among others, former members of the Armed Forces who are no longer subject to the Uniform Code of Military Justice.

Wilkerson is charged with one count of first-degree murder. If convicted, he faces a maximum penalty of life in prison.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jason R. Coody for the Northern District of Florida, Assistant Director in Charge Michael J. Driscoll of the FBI New York Field Office, and Special Agent in Charge Lisa Yockel of the U.S. Army Criminal Investigation Division’s Europe Field Office made the announcement.

The FBI is investigating the case. The FBI Jacksonville Field Office, the Air Force’s Office of Special Investigations, and Army’s Criminal Investigative Division, which originally investigated the case, provided valuable assistance with the arrest.

Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney David L. Goldberg for the Northern District of Florida are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

Two members of La Mara Salvatrucha (MS-13) were sentenced to life in prison for Racketeer Influenced and Corrupt Organizations (RICO) Act conspiracy and murder in aid of racketeering.

According to court documents, Luis Flores-Reyes, aka Maloso, aka Lobo, 41, of Arlington, Virginia, and Jairo Jacome, aka Abuelo, 40, of Langley Park, Maryland, were members of MS-13, an international criminal organization and one of the largest street gangs in the United States. MS-13 is organized into a series of sub-units or “cliques” that operate in specific geographic locations. Flores-Reyes was a leader within the powerful Sailors Clique, which held territory in Maryland, Virginia, New York, New Jersey, Texas, and El Salvador. Jacome was the highest-ranking member in a local clique called Langley Park Salvatruchas (LPS). Together, the two MS-13 cliques, including Flores-Reyes and Jacome, ran a protection scheme in and around Langley Park, extorting local businesses by charging them “rent” for the privilege of operating in MS-13 “territory.” The gang also trafficked in illegal drugs, including heroin, 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 gang’s illicit activities, using structured transactions and intermediaries to avoid law enforcement scrutiny.

Flores-Reyes and Jacome participated in at least four murders during the period of the conspiracy, mostly of victims they believed to be gang rivals.

Among the most important rules of MS-13 is the prohibition against talking to law enforcement, embodied by the maxim ver, oir, y callar – see, hear, and say nothing. The gang enforced this rule by placing a “green light” – an order to kill – on any member of MS-13 who was thought to be informing on the gang. On December 4, 2016, Jacome directed and participated in taking a 14 year-old boy from Langley Park to a wooded area outside Germantown, Maryland, and murdering him by repeated blows with a machete because Jacome suspected that the victim had provided information to the police about the gang. Jacome fled the murder scene in fear of being discovered by police but returned the next morning to bury the body. The victim was a missing person until his skeletal remains were recovered by law enforcement on June 6, 2018.  

In March 2017, a member of the Sailors Clique, who in an effort to hide from law enforcement was living in the Lynchburg, Virginia-area, had a dispute with a local high school student over marijuana. In response, Flores-Reyes authorized that a squad of MS-13 members drive to Lynchburg and murder the high school student. The gang members kidnapped the student from his front lawn and cut his hand off before killing him. After the murder, Flores-Reyes helped to hide and protect the killers from law enforcement.

In September 2022, Flores-Reyes, Jacome, and a third MS-13 member, Brayan Contreras-Avalos, were each convicted of racketeering conspiracy. Flores-Reyes and Jacome were additionally convicted of murder in aid of racketeering and extortion conspiracy, and Flores-Reyes and Contreras-Avalos were convicted of conspiracy to distribute controlled substances. Contreras-Avalos was sentenced to life in prison on Jan. 13.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.

The FBI Washington Field Office, HSI Baltimore, DEA New York Field Division, DEA Baltimore District Office, Prince George’s County Police Department, Montgomery County Police Department, Virginia State Police, Lynchburg Police Department, Prince William County Police Department, and Bedford County Sheriff’s Office investigated the case. The Nassau County District Attorney’s Office also provided valuable assistance.

Trial Attorney Alexander Gottfried of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Timothy Hagan and Christopher Sarma for the District of Maryland prosecuted the case.

Source: United States Department of Justice News

BOISE – U.S. Attorney Josh Hurwit announced that the U.S. Attorney’s Office for the District of Idaho has implemented the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy released this week. The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely, and appropriately remediate wrongdoing and misconduct.  The policy provides potential benefits only to companies.  It does not apply to individuals.

The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations. The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.

Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea against the company; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty against the company that is greater than 50% below the low end of the United States Sentencing Guidelines fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.

The policy identifies three aggravating factors that may cause a USAO to seek a guilty plea against a company even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances of each case to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the United States Sentencing Guidelines fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.

In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual, and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.

The Attorney General’s Advisory Committee (AGAC), under the leadership of United States Attorney for the Southern District of New York Damian Williams, requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of United States Attorney for the Eastern District of New York Breon Peace, develop policies in response to the Deputy AG’s memo. The policy announced today was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Eastern District of Virginia Jessica Aber, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the Western District of Virginia Christopher Kavanaugh, and U.S. Attorney for the District of New Jersey Philip Sellinger. Assistant U.S. Attorney Amanda Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of the policy.

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Source: United States Department of Justice News

BECKLEY, W.Va. – Kishaun Andre Jones, 23, of Beckley, pleaded guilty today to distribution of methamphetamine.

According to court documents and statements made in court, on December 20, 2021, Jones sold a substance containing methamphetamine to a confidential informant near South Kanawha Street in Beckley. Jones admitted to the transaction and further admitted to selling methamphetamine to the confidential informant on two other occasions in Raleigh County.

On February 23, 2022, law enforcement officers executed a search warrant at Jones’ Beckley residence and found quantities of methamphetamine, fentanyl, and heroin as well as three firearms and $6,445. Jones admitted that intended to distribute the controlled substances.

Jones is scheduled to be sentenced on June 9, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), and the Beckley/Raleigh County Drug and Violent Crime Unit.

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-64.

 

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Source: United States Department of Justice News

PITTSBURGH – A Florida resident has been sentenced in federal court to 100 days in prison, to be followed by three years of supervised release, plus restitution of $150,000 on her conviction of mail fraud, Acting United States Attorney Troy Rivetti announced today.

United States District Judge Robert J. Colville imposed the sentence on Linda Baun, 73, of Largo, FL 33770.

According to information presented to the court, Baun was formerly employed as the Secretary/Treasurer for Jackson Township, in Mercer County. Between 2011 and 2019, she embezzled at least $150,000 from the Township by making unauthorized ATM withdrawals and by charging personal purchases on Amazon to the Township’s debit card.

Prior to imposing sentence, Judge Colville stated that Baun committed a serious crime involving public corruption.

Assistant United States Attorney Stephen R. Kaufman prosecuted this case on behalf of the government.

Acting United States Attorney Rivetti commended the Federal Bureau of Investigation, Pennsylvania State Police and the Mercer County District Attorney’s Office for the investigation leading to the successful prosecution of Baun.