Virginia Man Found Guilty of Felony and Misdemeanor Charges Related to Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A Virginia 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.

            Hatchet Speed, 41, of Vienna, Virginia, was found guilty following a bench trial before U.S. District Court Judge Trevor N. McFadden. Speed was found guilty of obstruction of an official proceeding, entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

            On January 6, Speed drove to Washington, D.C., from his residence in Virginia. Over text, he had touted his residence as a “Suburban Environment, but close enough to the city for those days when I just wanna be part of a riot.” After attending the “Stop the Steal” rally at the Ellipse, Speed traveled to the U.S. Capitol, where he observed toppled fencing as he entered Capitol Grounds. He arrived at the West Plaza, near the Lower West Terrace, by approximately 1:30 p.m. Speed then climbed the stairs and reached the Northwest Courtyard. At the Northwest Courtyard, he saw a rioter use a large crowbar to break into an emergency exit door near the Senate Parliamentarian’s Office.  Speed also learned that Vice President Mike Pence had “validated” certain ballots he considered “invalid.” To Speed, Pence’s act was a betrayal. No longer content to stay outside, he said, “I was like, ‘I’m going in there. Like I have no respect for people in this building. They have no respect for me. I have no respect for them.’” Speed stated, “[S]o we all went in and we took control. Like, when you have that many thousands of people, like there’s nothing the cops can do…it’s impressive.”

            At approximately 2:51 p.m., Speed entered the building through the Senate Wing Door, which rioters had violently breached only two minutes earlier. As he entered, an alarm rang out. He walked up to a line of police in riot helmets, surrounded by angry chants and yells from the crowd. Speed then continued to the Crypt, where he remained until approximately 3:30 p.m., leaving briefly to travel down a nearby hallway.  Speed then walked back to the Senate Wing Door area, briefly removed and replaced his face mask, and hoisted himself out a window to leave the building. In total, Speed was inside the Capitol for over 40 minutes, from approximately 2:51 p.m. to 3:34 p.m. Minutes after climbing out through the window, Speed took photos of rioters in the northwest courtyard outside the U.S. Capitol building, then proceeded to walk around to the East Front, where he took photos of more rioters on the steps. From there, Speed continued south, where he photographed of riot police as they moved toward the U.S. Capitol Building to clear and secure it. He next photographed the Lower West Terrace, where the inaugural stage was now completely overrun by rioters.  Speed also sent text messages claiming that “We made it to the crypt with sheer force of numbers,” and acknowledging that he left because he believed that Congress had postponed the certification. 

            During its subsequent investigation of Speed, an FBI undercover employee (“UCE”) met Speed, posing as a like-minded individual. In addition to explaining how he had entered the Capitol Building after learning that Vice President Pence had not submitted an alternate elector, Speed described how the mob “controlled the entire building,” and that “Congress and Senate had evacuated through the tunnels, so nobody was there except us.” Once Speed heard that Nancy Pelosi had ordered “a delay of the vote,” he left, because “that was what we wanted anyway.”

            A sentencing hearing is scheduled for May 8, 2023. The felony obstruction charge carries a statutory maximum of 20 years in prison and 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 Eastern District of Virginia.

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

            In the 26 months since Jan. 6, 2021, nearly 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 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.

Dental office employees charged with COVID unemployment fraud

Source: United States Department of Justice News

MORGANTOWN, WEST VIRGINIA – Two people from the same Morgantown dental office have been indicted for fraudulently collecting nearly $30,000 in COVID-related unemployment benefits.

Amanda J. Kincell, 42, of Fairview, West Virginia, and Casey Fike, 39, of Morgantown, were charged today by a federal grand jury with multiple counts of wire fraud. According to the indictments, Kincell and Fike filed for unemployment in March 2020 when the COVID-19 pandemic forced the DeVito Dental office to temporarily close. In May 2020, Kincell and Fike returned to a regular work schedule at Devito but continued to request and receive unemployment benefits. Kincell is accused of improperly accepting more than forty payments totaling $18,350. Fike is alleged to have accepted more than twenty improper payments totaling $10,388.

Kincell faces eleven counts of wire fraud while Fike faces six counts.  Each count carries a penalty of up to twenty years in prison. If convicted, a federal district court judge will determine the sentence after consideration of the U.S. Sentencing Guidelines and other statutory factors.

WorkForce West Virginia investigated the cases. Assistant U.S. Attorney Jennifer Conklin is prosecuting the cases on behalf of the government.

“We continue to work closely with our law enforcement partners to methodically review every instance where COVID fraud is suspected, whether it’s related to unemployment benefits, paycheck protection loans, or economic injury disaster loans,” said United States Attorney William Ihlenfeld. “I appreciate the tips provided by the public and encourage their continued submission.”

Anyone aware of COVID fraud should report it via email to wvfraud@fbi.gov, by telephone to 304-234-0100, or via regular mail to the U.S. Attorney, P.O. Box 591, Wheeling, WV 26003, Attn: COVID Fraud Unit.

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

Statement from Attorney General Merrick B. Garland on the Attack on Four American Citizens in Matamoros, Mexico

Source: United States Department of Justice News

The Justice Department today issued the following statement from Attorney General Merrick B. Garland on the attack on four American citizens in Matamoros, Mexico:

“Last Friday, four Americans were attacked in Matamoros, Mexico. In the wake of the attack, the FBI immediately contacted our Mexican law enforcement and security partners in an effort to locate the victims.

“The FBI has confirmed that two of the Americans were killed and another injured. The two surviving Americans are now receiving medical treatment in the United States.

“I want to offer my deepest condolences to the families and loved ones of the victims of this heinous attack. The Justice Department will be relentless in pursuing justice on their behalf.

“We will do everything in our power to identify, find, and hold accountable the individuals responsible for this attack on American citizens.”

Human Smuggler Involved in Hwy 90 Rollover Sentenced to 41 Months in Prison

Source: United States Department of Justice News

DEL RIO, Texas – A Perryton man was sentenced today in Federal court in Del Rio to 41 months in prison for one count of conspiracy to transport illegal aliens resulting in serious bodily injury or placing lives in jeopardy.

According to court documents, Caleb Hernandez, 21, led a U.S. Border Patrol (USBP) agent and Kinney County Sheriff’s Office (KCSO) deputies on a high-speed chase on Highway 90 near Brackettville, allowing multiple suspected undocumented individuals out of the vehicle at various locations.  At one point during the pursuit, Hernandez drove into opposite lanes of traffic and onto the shoulder.  He eventually lost control of the vehicle, rolling over and landing upside down.  Hernandez and four undocumented noncitizens were removed from the vehicle.

Hernandez has remained in custody since March 13, 2021.  He pleaded guilty on July 19, 2021.  In addition to his prison term, Hernandez was ordered to serve three years of supervised release following his incarceration.  He was also ordered to pay a $3,000 fine.

“This defendant put untold lives at risk by evading law enforcement the way he did,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “Offenders who illegally smuggle undocumented individuals into the U.S. and across this district must never doubt that they will be caught, and that our justice system will see that they are prosecuted.”

“Human smugglers have no respect for human life, as demonstrated by this defendant,” said Special Agent in Charge Craig Larrabee of the Western District of Texas.  “Those responsible for illegally moving people into and through our country place their personal profit above everything else. They are driven by greed with little regard for the health and well-being of their passengers. HSI is committed to investigating smugglers and holding them accountable for their actions.”

HSI, USBP and the KCSO investigated the case.

Assistant U.S. Attorney Rex Beasley prosecuted the case.

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Massachusetts Man Sentenced to 45 Months Imprisonment for Fentanyl Distribution Conspiracy

Source: United States Department of Justice News

            CONCORD – Carlos Ozuna, 51, of Lawrence, Massachusetts, was sentenced to 45 months in federal prison for a drug-distribution conspiracy, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, Ozuna was part of a drug-distribution conspiracy operating in Lawrence, Massachusetts that distributed fentanyl into New Hampshire. The defendant purchased wholesale quantities of fentanyl from another member of the conspiracy, who, in turn, imported the fentanyl from an international source of supply.  The defendant was intercepted as part of a court authorized wiretap investigation arranging drug purchasers from the conspirator who was importing the drugs. The interception revealed that the defendant was purchasing approximately one kilogram of fentanyl for further distribution.

           “Fentanyl distribution continues to be one of the significant problems plaguing our communities” said U.S. Attorney Young.  “As this case demonstrates, we will continue to leverage all available methods of detection available to stop the stream of deadly fentanyl into New Hampshire and to prosecute those involved in this drug trafficking.”

            This matter was investigated by the Drug Enforcement Administration.  The case was prosecuted by Assistant U.S. Attorneys Seth Aframe, John Kennedy and Heather Cherniske.

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