Former Executive Assistant to Former Mayor of Trujillo Alto Sentenced to 30 Months in Prison for Accepting Bribes

Source: United States Department of Justice News

SAN JUAN, Puerto Rico – SAN JUAN, Puerto Rico – Today, Radamés Benítez-Cardona, former assistant to the former mayor of Trujillo Alto, was sentenced by United States District Court Judge Pedro A. Delgado-Hernández to serve 30 months in prison, announced United States Attorney W. Stephen Muldrow. Benítez-Cardona pleaded guilty on November 30, 2022, and admitted to receiving monthly bribe payments from a municipal waste management contractor, including separate $17,250 cash payments on May 22, 2021, June 12, 2021, and July 25, 2021.

“The citizens of Trujillo Alto entrusted the defendant with serving their communities with honesty and integrity — instead he participated in an illegal scheme and used his position for personal gain,” said United States Attorney Muldrow. “Public officials who fail to faithfully discharge the duties of their office, and those who conspire with them, will be investigated, prosecuted, and punished for their actions.”

According to court documents, Radamés Benítez-Cardona, enriched himself by accepting bribes and kickbacks in exchange for securing municipal contracts for a waste management contractor as opportunities arose. The scheme required Individual A to pay a $0.75 per house monthly kickback to defendant Benítez-Cardona in connection with Trujillo Alto municipal contract 2018-000004 awarded to Company A for trash pick-up. The monthly kickback amounted to approximately $17,250 for 23,000 houses. In addition, Benítez-Cardona agreed to give a portion of the kickback money to José Luis Cruz-Cruz, the mayor of Trujillo Alto. Cruz-Cruz was sentenced on January 11, 2023, to 24 months in prison for his participation in the bribery scheme.

The investigation was conducted by the FBI’s San Juan Field Office. The case was prosecuted by Assistant U.S. Attorney Scott H. Anderson of the U.S. Attorney’s Office for the District of Puerto Rico and Trial Attorney Nicholas W. Cannon of the Criminal Division’s Public Integrity Section.

These cases are part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matters, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the District of Puerto Rico for soliciting and accepting bribes related to municipal contracts. See United States v. Félix Delgado-Montalvo, 21-463 (RAM);  United States v. Oscar Santamaria-Torres, 21-464 (RAM); and United States v. Raymond Rodríguez, 21-465 (RAM) ; United States v. Mario Villegas, 21-468 (FAB); United States v. Luis Arroyo-Chiques, 21-485 (SCC); United States v. Eduardo Cintron-Suarez, 22-151 (SCC); United States v. Ramon Conde-Melendez, 22-221 (PAD); United States v. Pedro Miranda-Marrero, 22-251 (RAM); United States v. Jose Cruz-Cruz, 22-276 (SCC); and United States v. Javier García-Pérez, 22-185 (ADC); United States v. Jose Bou-Santiago, 22-379 (ADC).

Additionally, the department recently obtained indictments charging several former officials with bribery related to municipal contracts, and those cases are still pending.  See United States v. Ángel Pérez-Otero, 21-474 (ADC); and United States v. Reinaldo Vargas-Rodríguez, 22-186 (PAD). An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Fairbanks U.S. Fish and Wildlife Service Employee Charged with Fraud, Embezzlement for Falsifying Bank Records and Stealing Over $100,000

Source: United States Department of Justice News

FAIRBANKS – A federal grand jury in Alaska returned an indictment charging a Fairbanks U.S. Fish and Wildlife Service employee with wire fraud and embezzlement of public funds for perpetrating a years-long scheme to steal money from her employer.

According to court documents, Kimberly C. Robinson was employed with the U.S. Fish and Wildlife Service since 2003, and in 2020 was promoted to the role of Budget Analyst in charge of reconciling the budgets for each USFWS regional office. To perform her duties the federal government issued Robinson multiple credit cards to pay for official government expenses and travel.

As set out in court filings, from at least 2018 through June 2021, Robinson engaged in a scheme to defraud the U.S. Fish and Wildlife Service by using her government issued credit cards for unauthorized personal purchases and expenses. She then deleted and altered the unauthorized transactions on the credit card statements submitted to her supervisor for reconciliation to conceal the scheme and to cause USFWS to disburse public funds to pay the credit card balances. According to statements at court proceedings, Robinson embezzled over $100,000 through this scheme.

On February 28, 2023, Robinson was arraigned before the U.S. Magistrate Judge Scott A. Oravec in Fairbanks federal court. If convicted, she faces a maximum penalty of up to 20-years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The United States Department of the Interior, Office of Inspector General is investigating this case. Assistant U.S. Attorney Ryan Tansey for the District of Alaska is prosecuting the case.

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

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Former U.S. Army Soldier Sentenced To 45 Years In Prison For Attempting To Murder Fellow Service Members In Deadly Ambush

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced today that ETHAN PHELAN MELZER, a/k/a “Etil Reggad,” was sentenced to 45 years in prison for attempting to murder U.S. service members, providing and attempting to provide material support to terrorists, and illegally transmitting national defense information.  MELZER planned a jihadist attack on his U.S. Army unit in the days leading up to a deployment to Turkey and sent sensitive details about the unit — including information about its location, movements, and security — to members of the extremist organization Order of the Nine Angles (“O9A”), a white supremacist, neo-Nazi, and pro-jihadist group.  MELZER pled guilty on June 24, 2022, before U.S. District Judge Gregory H. Woods, who imposed today’s sentence.

U.S. Attorney Damian Williams said: “Ethan Melzer infiltrated the U.S. Army in service of a neo-Nazi, white supremacist, and jihadist group.  He used his membership in the military to pursue an appalling goal: the brutal murder of his fellow U.S. service members in a carefully plotted ambush.  By unlawfully disclosing his unit’s location, strength, and armaments to other O9A members and jihadists in furtherance of this ambush, Melzer traitorously sought to attack the very soldiers he was entrusted to protect.  Today’s sentence makes clear that Melzer’s brazen actions backfired and that this Office — along with our partners in law enforcement and the military — will work tirelessly to bring traitors like Melzer to justice and to protect the safety and integrity of our armed services.”

According to the Indictment and other documents in the public record, as well as statements made in public court proceedings:

MELZER is a member of O9A.  O9A espouses neo-Nazi, anti-Semitic, and Satanic beliefs and promotes extreme violence to accelerate and cause the demise of Western civilization.  The group has expressed admiration both for Nazis, such as Adolf Hitler, and Islamic jihadists, such as Usama Bin Laden, the now-deceased former leader of al Qaeda.  Members and associates of O9A have also participated in acts of violence, including murders.  O9A members are instructed to fulfill “sinister” deeds, including “insight roles,” where they attempt to infiltrate various organizations, including the military, to gain training and experience, commit acts of violence, identify like-minded individuals, and ultimately subvert those groups from within.

MELZER joined the U.S. Army in approximately 2018 and infiltrated its ranks as part of an insight role to further his goals as an O9A adherent.  In approximately October 2019, MELZER deployed abroad with the Army to Italy as a member of the 173rd Airborne Brigade Combat Team.  While stationed abroad, MELZER consumed propaganda from multiple extremist groups, including O9A and the Islamic State of Iraq and al-Sham, which is also known as ISIS.  For example, MELZER subscribed to encrypted online forums where he downloaded and accessed videos of jihadist attacks on U.S. troops and facilities and jihadist executions of civilians and soldiers, in addition to far-right, neo-Nazi, and other white supremacist propaganda. 

In approximately early May 2020, the Army informed MELZER that he would be reassigned to a unit scheduled for a further foreign deployment, where the unit would be guarding an isolated and sensitive military installation (the “Military Base”).  After he was notified of the assignment, MELZER joined his new unit and attended weeks of training, including classified and unclassified briefings, to prepare for the deployment.  As part of this intensive training, MELZER learned details about the purpose, layout, and security of the Military Base.  MELZER and his unit also received in-depth training about and practiced for numerous threat scenarios at the Military Base, including how to respond to various potential terrorist attack scenarios.  

Upon learning the importance and sensitivity of his upcoming deployment, MELZER immediately began passing that information to members of O9A.  MELZER secretly used an encrypted messaging application to propose, advocate for, and plan a deadly attack on his fellow service members.  MELZER sent messages to members and associates of O9A and, in particular, a sub-group of O9A known as the “RapeWaffen Division,” providing details about his unit’s anticipated deployment including troop movements, relevant dates, locations, armaments, topography, and security, all in connection with the proposed attack on his unit and the Military Base.  MELZER and his co-conspirators used this information to plan what they referred to as a “jihadi attack” with the objective of causing a “mass casualty” event victimizing his fellow service members.  For example, after describing the unit’s weaponry during the deployment — and providing information consistent with the briefings he had received — MELZER described to his co-conspirators how an attack would “essentially cripple[]” the unit’s “fire-teams.”

To further the attack plan, MELZER and his co-conspirators passed these messages to a purported member of al Qaeda.  MELZER’s proposed attack evolved as he gathered and distributed additional sensitive information about the deployment.  For example, MELZER also promised to leak more information once he arrived at the Military Base — including real-time photographs of the facility and the frequency and channel of U.S. Army radio communications — in order to maximize the likelihood of a successful attack on his unit or on a replacement unit deployed to the Military Base. 

MELZER told members of O9A in his encrypted electronic communications “[y]ou just gotta understand that currently I am risking my literal free life to give you all this” and that he was “expecting results.”  MELZER further acknowledged that he could be killed during the attack and described his willingness to die for O9A’s goals, writing “who gives a fuck [. . .] it would be another war . . . I would’ve died successfully . . . cause [] another 10 year war in the Middle East would definitely leave a mark.”  MELZER also acknowledged in his messages that he deleted some of the communications regarding the planning of the attack because the plot amounted to treason.

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In addition to the prison term, MELZER, 24, of Louisville, Kentucky, was sentenced to three years of supervised release.

Mr. Williams praised the outstanding efforts of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department, along with the FBI’s Legal Attaché Office in Rome, Italy, the Air Force Office of Special Investigations, U.S. Army Counterintelligence, U.S. Army Criminal Investigation Command, Attorneys from the U.S. Army Africa Office of the Staff Judge Advocate and 173rd Airborne Brigade Combat Team, and the U.S. Department of State Diplomatic Security Service.  Mr. Williams also thanked the Counterterrorism Section and the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division, as well as the Department’s Office of International Affairs, for their assistance.

This prosecution is being handled by the Office’s National Security and International Narcotics Unit.  Assistant U.S. Attorneys Sam Adelsberg, Matthew J.C. Hellman, and Kimberly J. Ravener are in charge of the prosecution, with assistance from Trial Attorneys Alicia Cook of the Counterterrorism Section and Scott Claffee of the Counterintelligence and Export Control Section.

Merrill Woman Sentenced to Prison for Making False Statements During Purchase of Firearms

Source: United States Department of Justice News

MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Ashley Zastrow, 32, Merrill, Wisconsin was sentenced yesterday by U.S. District Judge William M. Conley to 1 year and 1 day in federal prison for making false statements during the purchase of two firearms.  This prison term will be followed by a 3-year term of supervised release.

On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. In order to complete the purchase of these firearms, she represented that she was the actual buyer of these firearms when in fact she was not. An investigation by law enforcement revealed that she purchased these firearms for an individual who accompanied her to the store and provided her with cash at the time of purchase. This offense is known as a “straw purchase.” The person Zastrow provided the firearms is prohibited by law from possessing firearms as a result of previous felony convictions and allegedly used one of the firearms purchased by Zastrow to commit a homicide.           

In sentencing Zastrow, Judge Conley stated that she made a “disastrous” choice to transfer firearms to a prohibited person and could not ignore the fact that this choice contributed to a woman’s death. Judge Conley also reasoned that a prison sentence was warranted given the defendant’s poor performance on pre-trial release and nominal efforts to confront her methamphetamine addiction.

This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime.  The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 

The charge against Zastrow was the result of an investigation conducted by the Lincoln County Sheriff’s Office, Merrill Police Department, and Federal Bureau of Investigation, with the assistance of the Marshfield Police Department.  Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 

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

Source: United States Department of Justice News

            WASHINGTON – A Massachusetts man was found guilty in the District of Columbia 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.

            Noah Bacon, 29, of Somerville, Massachusetts, was found guilty after a trial in U.S. District Court yesterday of obstruction of an official proceeding, a felony, and the misdemeanor charges of: entering or remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building, entering and remaining in the gallery of either House of Congress, disorderly or disruptive conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building. The jury reached unanimous verdicts on all counts. A sentencing hearing is scheduled for June 14, 2023.

            According to the government’s evidence, on Jan. 6, 2021, Bacon was among a mob of rioters illegally on the Capitol grounds. He entered the Capitol Building at approximately 2:15 p.m., through the Senate Wing Door, and remained inside for about 50 minutes. While inside the building, Bacon moved through areas including the Crypt, Hall of Columns, Rotunda, the East Rotunda Door vestibule area, the Senate Gallery, and the Senate Chamber where he sat for approximately 10 minutes. While in the East Rotunda Door vestibule area, Bacon attempted to keep the breached door open as other rioters streamed inside. He also used a “Don’t Tread on Me” flag to cover a security camera before using the stairwell to move to the Senate Gallery hallway. After rioters prevented United States Capitol Police officers from securing the galleries, he entered an unlocked senate gallery.

            Bacon was arrested on June 30, 2021, in Somerville, Massachusetts.

            The charge of obstruction of an official proceeding and aiding and abetting carries a statutory maximum of twenty years imprisonment. The five misdemeanor offenses carry a combined statutory maximum of three and half years of imprisonment. All charges 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 the U.S. Attorney’s Office for the District of Massachusetts. 

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

            In the 25 months since Jan. 6, 2021, more than 985 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including approximately 319 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.