Month: March 2023

Source: United States Department of Justice News

A Hawaii couple has pleaded guilty to conspiring to defraud the United States by obtaining a fraudulent tax refund and then thwarting IRS efforts to recoup it.

According to court documents, Michael and Brigida Chock of Ewa Beach conspired with a third individual to prepare a false 2014 amended individual income tax return (Form 1040X) and a false miscellaneous income form (Form 1099-MISC) purportedly issued by a mortgage lender to Michael Chock. The tax return falsely reported an inflated tax withholding amount based on the fraudulent Form 1099-MISC, resulting in a refund of $225,327.  The defendants knowingly filed these false forms with the IRS in March 2016.

The Chocks took several steps to obstruct IRS efforts to recover the fraudulently obtained refund, including depositing the refund check into a bank account in the name of a trust they created to conceal the refund and by paying the coconspirator $73,500 for assistance in obtaining and concealing the refund. They also falsely claimed to the IRS that they had prepared the false tax return themselves. 

Each faces a maximum penalty of five years in prison, a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Clare E. Connors for the District of Hawaii made the announcement.

IRS-Criminal Investigation, the Treasury Inspector General for Tax Administration (TIGTA), and the FBI are investigating the case.

Trial Attorneys Sarah Kiewlicz and Meredith Havekost of the Justice Department’s Tax Division and Assistant U.S. Attorney Gregg Paris Yates of the District of Hawaii are prosecuting the case.

Source: United States Department of Justice News

U.S. District Chief Judge Stephanie M. Rose sentenced defendants Nesly Mwarecheong, 46, and Bertino Weires, 51, U.S. residents and Federated States of Micronesia citizens, to 48 months in prison followed by three years of supervised release and nearly $70,000 in restitution to the victims for withholding passports to coerce labor of two men in a meat processing plant.

The defendants previously pleaded guilty in October 2022 to two counts of unlawful conduct with respect to documents in furtherance of trafficking or forced labor for recruiting two young men from Micronesia to come to the United States for the purpose of coercing their labor in a meat processing plant for the defendants’ financial gain.

According to court documents, the defendants convinced the two victims to leave their homes in Micronesia in December 2019 and travel to the United States by promising them they could work in the United States and send money back to their families. Once in the United States, the defendants confiscated the victims’ passports and obtained jobs for them at a meat processing plant in Ottumwa, Iowa. Each week, the defendants took the victims to cash their paychecks before seizing almost the entire amount and leaving the victims with a nominal amount each week. The defendants used various means to compel the victims’ labor and services, including confiscating the victims’ passports and social security cards, imposing debts on them, limiting and monitoring their communication with family, physically and socially isolating them and creating a system of total financial dependence on the defendants. In so doing, the defendants created a situation where the victims either had to continue complying with the defendants’ demands or risk being homeless and without a means of supporting themselves in a foreign country where they did not speak the language and had no means of returning home.

“These defendants used the promise of well-paid jobs to lure the victims to come to the United States in search of a better future for themselves and their families,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These defendants then proceeded to callously exploit the victims, using their power over them to profit off their hard work. The Department of Justice remains committed to seeking justice for survivors of forced labor schemes, holding perpetrators accountable and stripping wrongdoers of their illegal profits.”

“Forced labor can happen anywhere in the United States, including Iowa. We will continue fighting for victims to ensure those who exploit the promise of working in the United States to coerce labor are held accountable,” said U.S. Attorney Richard D. Westphal for the Southern District of Iowa. “Thanks to the diligent work of law enforcement, these acts of coercion and compulsion were stopped.”

Investigator Jeremy Tosh of the Ottumwa Police Department investigated the case.

Assistant U.S. Attorneys Virginia Bruner and Ryan Leemkuil for the Southern District of Iowa and Trial Attorney Christina Randall-James of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case. 

Source: United States Department of Justice News

Defendant, a PracticingAttorney, Illegally Entered Capitol  Within Minutes of the Initial Breach

            WASHINGTON – A Georgia man was found guilty in the District of Columbia today of felony and misdemeanor charges for his actions during the Jan. 6, 2021, Capitol breach. 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 presidential election.           

            William McCall Calhoun, 59, of Americus, Georgia, was found guilty yesterday of obstruction of an official proceeding, a felony, as well as entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building. U.S. District Court Judge Dabney L. Friedrich heard the case and delivered her verdict. A sentencing hearing is scheduled for July 6, 2023.

            According to the government’s evidence, starting on January 6, 2021, local and Federal law enforcement received tips regarding an individual named McCall Calhoun, a practicing criminal defense attorney, who posted about his involvement in the Capitol Riot on Parler, Facebook, and Twitter. Prior to January 6th, Calhoun posted about certification of the electoral college vote and the importance of being physically present in Washington, D.C. on January 6th.

            Evidence obtained from Calhoun’s social media and cellphone show that he attended the “Stop the Steal” rally on January 6th, then made his way to the Capitol building. Calhoun walked up the West side of the Capitol grounds, continuing even as smoke rose from the crowd and people were affected by tear gas. As he approached the Senate Wing Door, Calhoun stated, “This is it. We’re storming the Capitol.” Calhoun entered through the broken Senate Wing Door as an alarm blared.  Calhoun walked through the Capitol, encountered a police line in the Crypt, and went back and forth from the Rotunda multiple times before ultimately leaving through the East side of the Capitol. One video depicts Calhoun amongst other rioters who pounded on doors and walls as they passed by members’ offices. Calhoun stated in the video that they were “looking for people.” Calhoun ultimately made it to the outside of House Speaker Nancy Pelosi’s Office.

            Later on the 6th, Calhoun posted on Facebook: “Today the American People proved we have the power. We physically took control of the Capitol building in a hand to hand hostile takeover. We occupied the Capitol and shut down the Government – we shut down their stolen election shenanigans . . .”

            Calhoun was arrested on January 15, 2021, in Macon, Georgia. 

            The felony obstruction charge carries a statutory maximum of 20 years in prison and potential financial penalties. The offenses also carry potential financial penalties. The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Middle District of Georgia.

            The case was investigated by the FBI’s Atlanta Field Office. Valuable assistance was provided by the FBI’s Washington Field Office, the U.S. Capitol Police, and the Metropolitan Police Department.

            In the 22 months since Jan. 6, 2021, more than 999 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 320 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.

Source: United States Department of Justice News

Defendant Engaged in Violence in the Lower West Tunnel

            WASHINGTON – A Florida man pleaded guilty in the District of Columbia today to a felony charge for his actions during the Jan. 6, 2021, Capitol breach. 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 presidential election.           

            Kevin Louis Galetto, 63, formerly of Westminster, California, and now of Merritt Island, Florida, pleaded guilty to assaulting, resisting or impeding law enforcement officers, a felony. U.S. District Court Judge Colleen Kollar-Kotelly scheduled sentencing for August 8, 2023.           

            According to the government’s evidence, around 2:40 pm on Jan. 6, 2021, Galetto approached the Lower West Terrace tunnel entrance. He was wearing a black Trump baseball hat, a black headband/ear warmer, a tan jacket, and a gray hoodie as he entered the tunnel. He was one of the first individuals inside the tunnel and was met with a large police presence denying him and the larger crowd entrance into the Capitol building. The crowd in the tunnel was significant and numbered well more than three individuals. This assemblage, of which Galetto was a part, confronted the police officers in the LWT who were attempting to hold the crowd from entering the Capitol through the tunnel. Some members of this assemblage engaged in acts of violence.           

            Evidence from Body Worn Camera (BWC) of Metropolitan Police Department (MPD) Officer B.S. captured Galetto at the entryway doors of the tunnel. At approximately 2:43 p.m., BWC captured Galetto with his arms extended and pressed up against MPD officer shields. At approximately 2:44 p.m., BWC captured Galetto’s body pressed up against officer shields. At approximately 2:46 p.m., the BWC captured a scuffle involving Galetto. Officer B.S. was knocked to the ground. At approximately 2:46 p.m., BWC captured Galetto on one knee with a hand on the ground. Less than one minute later, Galetto rose to his feet and retreated from the area of the tunnel. As he made his way from the inside to the tunnel entrance, Galetto shouted to the crowd outside, “More people!” in an attempt to summon more rioters to the tunnel entrance.  Galetto remained at the tunnel for over an hour and a half and was part of one of the last pushes against officers at approximately 4:15 PM. Galetto’s extended presence in the tunnel and his violent confrontation with officers as part of the crowd presented an immediate risk of injury to person or damage to property.

            On the evening of January 6, 2021, Galetto texted an individual on his cell phone noting that the politicians “need to be overthrown,” and that Mike Pence “is a trader [sic]”.

            Galetto was arrested on April 23, 2021, in Westminster, California.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by the U.S. Attorney’s Office for the Central District of California.

            The case was investigated by the FBI’s Los Angeles Field Office and the Washington Field Office, which identified Galetto as #146 on its seeking information posters. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department. 

            In the 26 months since Jan. 6, 2021, more than 999 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 320 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.

Source: United States Department of Justice News

A former corrections officer with the Federal Bureau of Prisons (BOP), was sentenced to 120 months and three years of supervised release today in federal court in the Central District of California for sexually assaulting a woman in custody.

Jose Viera, 49, was sentenced for one felony count of deprivation of rights under color of law for sexually assaulting a woman in custody in December 2020. He entered his guilty plea on May 24, 2022.

According to court documents, at the time of the assault, Viera was a BOP corrections officer assigned to work at Metropolitan Detention Center-Los Angeles (MDC-LA), a federal prison that holds male and female pre-trial detainees and persons serving custodial sentences. In his role as corrections officer, Viera was required to uphold the U.S. Constitution and ensure the safety and security of persons housed at MDC-LA. In March 2022, Viera was placed on administrative leave.

In December 2020, Viera was assigned to supervise incarcerated women who were quarantined due to COVID-19 exposure and infection. During the morning of Dec. 20, Viera entered the cell of the victim, who was in COVID-19 isolation, as he had done on previous occasions to bring her breakfast. On that morning, Viera laid down next to the victim in her bed, sandwiching her between his body and the wall. Then, he sexually assaulted the victim. Viera committed this assault despite knowing that his actions violated her constitutional rights. When the Department of Justice, Office of the Inspector General (DOJ-OIG), and the FBI conducted a voluntary interview with Viera about the sexual assault allegations, Viera lied to federal agents about his misconduct.

“Law enforcement officials must be held accountable when they abuse their authority and exploit their power to sexually assault the very people they are sworn to protect,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant’s actions destroyed this woman’s sense of peace, caused incalculable pain, and shattered her trust in law enforcement. We hope this sentence stands as a reminder to would-be offenders that the Justice Department is committed to holding officials accountable when they sexually assault people held inside jails and prisons.”

“By breaching his duty of trust, Viera harmed not only the victim, but also the system of justice he was entrusted to serve,” said U.S. Attorney Martin Estrada for the Central District of California. “My office will continue in its mission to ensure that no one is above the law, regardless of their position, and that victims receive justice.”

“Viera abused his power and sexually assaulted the inmate in her cell while she was extremely vulnerable in COVID-19 isolation,” said Special Agent in Charge Zachary Shroyer for the DOJ-OIG, Los Angeles Field Office. “Today’s sentencing shows that Correctional Officers that abuse inmates will be brought to justice.”

“Law enforcement officers are charged with upholding civil rights. The defendant in this case completely abused his position of power,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI is dedicated to protecting the American people and pursuing justice on behalf of victims in cases like this.”

The DOJ-OIG Los Angeles Field Office and the FBI Los Angeles Field Office and the are investigating the case.

Assistant U.S. Attorney Thomas Rybarczyk for the Central District of California and Trial Attorney Nikhil Ramnaney and former Special Litigation Counsel Fara Gold of the Civil Rights Division’s Criminal Section are prosecuting the case.