Month: February 2023

Source: United States Department of Justice News

MIAMI – Following a trial in Fort Lauderdale federal court, a jury has found Joff Stenn Wroy Philossaint, 32, guilty of illegally obtaining his U.S. citizenship by lying about fraud that he committed while his citizenship application was pending.

According to evidence presented at trial, prior to April 2020, Philossaint – a Haitian national – had applied to become a U.S. citizen.  While his U.S. citizenship application was pending, Philossaint engaged in a sophisticated Covid-19 fraud scheme.  Specifically, from April 2020 through May 2021, Philossaint submitted fraudulent applications on behalf of 11 businesses seeking a total of about $3 million from Covid-19 relief programs.  On December 15, 2020, while Philossaint’s wire fraud scheme was ongoing, a U.S. Citizenship and Immigration Services officer interviewed Philossaint in connection with his citizenship application. During the sworn interview, Philossaint falsely stated that he had never committed a crime for which he had not been arrested and that he had never made misrepresentations to receive a public benefit in the United States. Philossaint was naturalized as a U.S. citizen based on these false representations.

An indictment charged Philossaint with conspiracy to commit wire fraud and conspiracy to launder money in connection with the Covid-19 relief application and with procuring naturalization contrary to law.  Philossaint pled guilty to the wire fraud and money laundering conspiracy charges and proceeded to trial on the immigration charge.  The jury found him guilty on the immigration charge. 

Philossaint is scheduled to be sentenced on March 29 at 9:00 a.m. in Ft. Lauderdale before U.S. District Judge Rodney Smith.  In addition to any prison sentence that the judge imposes, Philossaint is subject to mandatory denaturalization after sentencing.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Amaleka McCall-Brathwaite of the U.S. Small Business Administration, Office of the Inspector General (SBA-OIG), Investigations Division, Eastern Regional Office, Special Agent in Charge Rafael Barros of the U.S. Secret Service (USSS), Miami Field Office, acting Special Agent in Charge Maged Behnam of the FBI Miami Field Office, Special Agent in Charge Matthew D. Line of the IRS-Criminal Investigation (IRS-CI), Miami Field Office, and acting Special Agent in Charge Michael E. Buckley, Homeland Security Investigations (HSI), Miami, announced the conviction.

SBA OIG, USSS, FBI, IRS CI, and HSI investigated this case. Assistant U.S. Attorneys Marc Osborne and Shannon O’Shea Darsch prosecuted it. Assistant U.S. Attorney Joshua Paster is handling asset forfeiture.

In March 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was enacted. It was designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. Among other sources of relief, the CARES Act authorized and provided funding to the SBA to provide Economic Injury Disaster Loans (“EIDLs”) to eligible small businesses, including sole proprietorships and independent contractors, experiencing substantial financial disruptions due to the COVID-19 pandemic to allow them to meet financial obligations and operating expenses that could otherwise have been met had the disaster not occurred.  EIDL applications were submitted directly to the SBA via the SBA’s on-line application website, and the applications were processed and the loans funded for qualifying applicants directly by the SBA.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

On September 15, 2022, the Attorney General selected the Southern District of Florida’s U.S. Attorney’s Office to head one of three national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. For more information on the department’s response to the pandemic, please click here. 

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-80144.

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Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, Frank A. Tarentino III, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), and Steven A. Nigrelli, the Acting Superintendent of the New York State Police (“NYSP”), announced that AGARI REYES-SILLERO was arrested while attempting to sell approximately 50,000 multicolored fentanyl pills to a cooperating witness in exchange for $400,000.  REYES-SILLERO was arrested on Monday and was presented today before Magistrate Judge Ona T. Wang.

U.S. Attorney Damian Williams said: “The pills the defendant allegedly attempted to sell were bright and colorful, which obscured their true danger.  The 50,000 pills seized by law enforcement contained fentanyl, one of the deadliest drugs on the planet.  Thanks to the work of our law enforcement partners, these lethal drugs have now been taken off the street.”

DEA Special Agent-in-Charge Frank A. Tarentino III said: “Fake counterfeit prescription pills are flooding this city.  Fentanyl is the deadliest drug to ever hit the streets and traffickers are masking the threat by selling lethal doses in colorful pill forms mimicking prescription medication.  DEA analysis indicates that 60% of trafficked fentanyl pills on the street contain lethal doses; therefore, 30,000 deadly doses were removed from circulation by the hardworking members of the New York Drug Enforcement Task Force.  I commend our law enforcement partners for their hard work on this investigation.”

NYPD Commissioner Keechant L. Sewell said: “The NYPD and our law enforcement partners will never waver in our commitment to rid New York of fentanyl.  Anyone who displays the negligent depravity to sell this deadly poison on our streets – to put lives at risk for a profit – will be held fully accountable.  I commend and thank for their exceptional work the Office of the U.S. Attorney for the Southern District, the DEA, the New York State Police, and every member of the NYDETF involved in this important case.”

NYSP Acting Superintendent Steven A. Nigrelli said: “I commend the vital collaborative work of our law enforcement partners in the relentless efforts to keep illegal drugs off our streets.  The arrest of Ms. Reyes-Sillero reinforces that we will continue to be vigilant in stopping the flow of these dangerous drugs into our neighborhoods.  Each arrest, each seizure is saving lives and decreases the additional crime that surrounds these illegal and dangerous operations.”

As alleged in the Complaint:[1]

On or about February 5, 2023, REYES-SILLERO met with a witness who was cooperating with law enforcement (“CW-1”) to sell CW-1 approximately 50,000 fentanyl pills.  After entering CW-1’s car with the pills, REYES-SILLERO confirmed that CW-1 was to pay $400,000.  Law enforcement agents arrested REYES-SILLERO and seized the fentanyl pills, which were packaged inside four protein powder containers, as pictured below:

 

*                *                *

REYES-SILLERO, 34, of Mexico, is charged with one count of possession with intent to distribute 400 grams and more of fentanyl.  This offense carries a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison.

The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentence will be determined by the judge.

Mr. Williams praised the outstanding investigative work of the DEA, the NYPD, and the New York State Police. 

This case is being handled by the Office’s Narcotics Unit.  Assistant U.S. Attorneys Patrick R. Moroney and Andrew W. Jones are in charge of the prosecution.

The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

Source: United States Department of Justice News

A Texas man who carried out the mass shooting at the Cielo Vista Walmart in El Paso, Texas, on Aug. 3, 2019, killing 23 people and injuring 22 more, pleaded guilty today in U.S. District Court to a 90-count indictment, including 45 counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and 45 counts of using a firearm during and in relation to crimes of violence.

Pursuant to the plea agreement, the defendant, Patrick Wood Crusius, 24, has agreed to accept 90 consecutive life sentences, one for each count in the indictment. The guilty plea included 23 counts for hate crime acts that resulted in the deaths of Andre Anchondo, Jordan Anchondo, Arturo Benavides, Jorge Calvillo Garcia, Guillermo Garcia, Leonardo Campos, Angelina Englisbee, Maria Flores, Raul Flores, Adolfo Cerros Hernandez, Alexander Hoffmann, David Johnson, Luis Alfonso Juarez, Maria Legarreta Rothe, Maribel Loya Hernandez, Ivan Filiberto Manzano, Gloria Irma Marquez, Elsa Mendoza Marquez, Margie Reckard, Sara Regalado Monreal, Javier Amir Rodriguez, Teresa Sanchez, and Juan Velasquez.

The plea also included 22 hate crime acts that caused bodily injury and involved attempts to kill 22 people injured in the shooting. In addition to the hate crimes, the defendant pleaded guilty to 45 firearms violations, 23 counts of using a firearm in a federal crime of violence resulting in death, and 22 counts of using a firearm in a federal crime of violence.

“Today, the Justice Department secured the guilty plea of Patrick Wood Crusius, a self-described white nationalist, for federal hate crime and firearms offenses in connection with the deadly mass shooting targeting people perceived to be Hispanic immigrants at a Walmart in El Paso, Texas, in 2019,” said Attorney General Merrick B. Garland. “Nothing can undo the immeasurable loss suffered by the loved ones of the victims of that attack or the terror inflicted on the El Paso community in its wake. Today’s action makes clear that the Justice Department will not tolerate hate-fueled violence that endangers the safety of our communities.”

“Today’s guilty plea marks one more step towards justice for the El Paso community; however, we must remember that the survivors and victims’ families will be on a lifelong journey of healing because of this defendant’s actions,” said FBI Director Christopher Wray. “We extend our heartfelt sympathy to the Hispanic community who had their sense of security shattered by this heinous attack. The FBI will continue to seek justice for all those whose civil rights and safety are threatened by hate.”

“White nationalist-fueled violence has no place in our society today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This senseless massacre violates the law, runs contrary to our values as Americans and defies the principles of tolerance and inclusion that define us as a nation. By pleading guilty, the defendant has admitted that he murdered innocent people based on their national origin and targeted Hispanics. The Justice Department will continue to use every tool at its disposal to combat hate crimes, hold perpetrators accountable, and seek justice for the victims and survivors. This guilty plea cannot bring back those whose lives were lost, or heal those still suffering, but it does put us firmly on the path to justice. Our hearts are with the victims of this horrendous crime, their families, and the entire community.”

“It has always been our intent to obtain proper justice for all the victims of the senseless El Paso shooting, their ever-resilient families, and the courageous community that continues to feel the pain of that day,” said First Assistant U.S. Attorney Margaret Leachman for the Western District of Texas. “We continue to stand in support of all whose lives have been impacted, and my hope is that this plea leads to a sentence that can serve as an example of how the United States justice system does not tolerate anyone who chooses to harm our loved ones and our neighbors, especially when motivated by hatred.”

According to the statement of facts agreed to and signed by Crusius and entered into the court record at his guilty plea hearing, Crusius admitted that he killed and wounded people at the Walmart because of the actual and perceived Hispanic national origin of the people he expected to be at the Walmart. He further admitted that he intended to kill everyone he shot.

Crusius also admitted he wrote a manifesto, titled “An Inconvenient Truth,” and uploaded it to the internet minutes before he commenced his attack. In it, he characterized himself as a white nationalist, motivated to kill Hispanics because they were immigrating to the United States. Crusius admitted to selecting El Paso, a border city, as his target to dissuade Mexican and other Hispanic immigrants from coming to the United States.

The FBI investigated the case, in partnership with the El Paso Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Texas Department of Public Safety; the El Paso County Sheriff’s Office; the El Paso County Office of the Medical Examiner; the Allen Police Department; and the Dallas Police Department.

Assistant U.S. Attorneys Ian Hanna, Gregory McDonald, and Patricia Acosta for the Western District of Texas’ El Paso Division and Trial Attorneys Kyle Boynton of the Civil Rights Division’s Criminal Section and Michael Warbel of the Criminal Division’s Capital Case Section are prosecuting the case.

The U.S. District Court has not yet set a sentencing date.

Related court documents and information may be found on the website of the District Court for the Western District of Texas at http://www.txwd.uscourts.gov/ or on http://ecf.txwd.uscourts.gov/

For more information about DOJ’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to DOJ hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.

Source: United States Department of Justice News

JEFFERSON CITY, Mo. – A Columbia, Mo., couple was sentenced in federal court today for a scheme to smuggle counterfeit Disney DVDs into the United States and sell them on eBay.

Tabitha Nicole Rodgers, 43, and her husband, Clint Travis Rodgers, 49, were sentenced in separate appearances before U.S. District Judge Roseann Ketchmark. Tabitha Rodgers was sentenced to four years in federal prison without parole. Clint Rodgers was sentenced to one year in federal prison without parole.

The court also ordered Tabitha Rodgers to pay $26,573 in restitution to the government for Supplemental Nutrition Assistance Program (SNAP) benefits she was not entitled to receive. The court ordered Clint Rodgers to pay a $10,000 fine.

On Oct. 12, 2021, Tabitha Rodgers pleaded guilty to one felony count of criminal copyright infringement for profit. Clint Rodgers pleaded guilty the same day to a misdemeanor count of criminal infringement of a copyright.

In July 2014, Homeland Security Investigations (HSI) received information from the National Intellectual Property Rights Coordination Center indicating that Clint Rodgers had received more than 443 shipments of counterfeit DVDs from companies in Hong Kong known to sell and export counterfeit goods. HSI agents identified two shipments that had been seized prior to delivery to the Rodgers’ home in Columbia. One shipment contained 200 counterfeit “Beauty and the Beast” DVDs and another shipment contained 260 counterfeit “Aladdin” DVDs. On Feb. 4, 2015, Customs and Border Protection agents seized a parcel addressed to Clint Rodgers that contained 200 counterfeit Disney DVDs.

Undercover federal agents purchased several counterfeit Disney DVDs from the Rodgers on eBay in February and March 2015. The Rodgers represented that the DVDs were genuine and authentic Disney products, when in reality, they were aware the products were counterfeit. During the investigation, agents contacted two persons who assisted the Rodgers in selling counterfeit DVDs on eBay. They told agents they were aware of numerous complaints from customers, including complaints that the DVDs didn’t work.

On Aug. 25, 2015, HSI agents executed a search warrant at the Rodgers’ residence. Agents seized an assortment of counterfeit goods, including numerous counterfeit Disney DVDs. Tabitha Rodgers admitted that she conducted the day-to-day operation of the business. She corresponded via email with the counterfeit DVD supplier in Hong Kong and placed orders for the DVDs. She also packaged and sent the DVDs to customers and processed customer complaints when DVDs were inoperable. Clint Rodgers assisted by helping recruit third parties to use their eBay accounts to sell the DVDs for them.

According to court documents, the majority, if not all, of the Rodgers’ income was derived from this criminal activity. They had been notified by Beachbody and Otter Products to cease and desist from selling counterfeit products yet continued to sell counterfeit goods. eBay cancelled a number of the Rodgers’s accounts due to counterfeit merchandise being sold, but they recruited others to sell the products.

Although they derived substantial income from selling counterfeit goods, Tabitha Rodgers sought and obtained SNAP benefits from the government to which she was not entitled. Her fraudulent conduct in obtaining benefits was considered by the court in determining an appropriate sentence and in ordering restitution.

This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by Homeland Security Investigation and the U.S. Department of Agriculture.

Source: United States Department of Justice News

Earlier today, in federal court in Brooklyn, Ppassim Elder, also known as “Bsam,” “Big Sam” and “Sam,” and Wilbert Bryant, also known as “Will” and “La,” were sentenced by United States District Judge William F. Kuntz II, to terms of imprisonment of 202 years and 40 years, respectively. The defendants were sentenced for extortion and fraud offenses following their conviction after a three-week trial in September and October 2021.  At trial, the evidence showed that Elder and Bryant participated in an extortion scheme during which one victim was pistol-whipped and another victim was fatally shot in the face.   

Breon Peace, United States Attorney for the Eastern District of New York, announced the sentence.

“The defendants are guilty of multiple crimes of violence and fraud that victimized many persons, including the patriarch of a Queens family who was gunned down in his place of business,” stated United States Attorney Peace.  “The defendants will deservedly serve lengthy prison sentences for their ruthless and vicious conduct.”

Mr. Peace also expressed his thanks to the Federal Bureau of Investigation, New York Field Office, the New York City Police Department, and the Queens County District Attorney’s Office for their assistance during the investigation and prosecution.

As proven at trial, on the morning of October 23, 2017, Bryant and two co-conspirators entered Garden Valley Distributors, a family-owned wholesale distribution center in Ozone Park, Queens.  The perpetrators said that “Big Sam” sent them to collect his money.  Earlier that year, Elder, who was known as “Big Sam,” had loaned Hani Kasem’s son money, which the son used to support the business.  When Elder demanded full repayment, the son was unable to repay the debt because the money had been used to purchase merchandise for the business.  Elder then began a campaign of intimidation against the son and his family.  On one occasion, Elder paid co-conspirators to throw a rock through a window of the victim’s home.  On another occasion, Elder barged into Kasem’s home, intimidating members of his family.  Finally, Elder dispatched Bryant and two co-conspirators to the Garden Valley Distributors business where the perpetrators brandished a firearm, pistol-whipped the son and shot Kasem in the face, mortally wounding him. 

In addition to the murder, Elder extorted another person whose brother had stolen the proceeds of a fraud scheme perpetrated by Elder.  Although the victim was not involved in the theft, Elder punched him in his face in front of his daughters, breaking and bloodying his nose in order to “send a message” to the victim’s brother.  Elder and Bryant were also convicted of bank fraud conspiracy for lying to banks about the true owner of certain bank accounts, which permitted Elder to defraud innocent victims across the country, including an elderly man who lost over $30,000 when he was tricked into believing he was purchasing a car and another individual who lost over $150,000 when he was defrauded into believing he was purchasing two real estate properties.  Elder was also convicted of crimes committed after his arrest in this case, including stealing his attorney’s identity and lying to federal officials.

This case was brought as 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 make our neighborhoods safer for everyone.  As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime.  

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Genny Ngai and Anna L. Karamigios are in charge of the prosecution. 

The Defendants:

PPASSIM ELDER (also known as “Bsam,” “Sam,” and “Big Sam”)
Age: 43 
Staten Island, New York

WILBERT BRYANT (also known as “Will” and “La”)
Age: 58
Brooklyn, New York

E.D.N.Y. Docket No. 18-CR-92 (S-5) (WFK)