Month: April 2023

Source: United States Department of Justice Criminal Division

A former Caltrans contract manager and a former contractor were sentenced today in the U.S. District Court for the Eastern District of California in Sacramento for their roles in a bid-rigging and bribery scheme involving Caltrans improvement and repair contracts.

Choon Foo “Keith” Yong, the former Caltrans contract manager, was sentenced to 49 months’ imprisonment and ordered to pay $984,699.53 in restitution. According to a plea agreement filed on April 11, 2022, Yong and his co-conspirators engaged in a conspiracy, from early 2015 through late 2019, to thwart the competitive bidding process for Caltrans contracts to ensure that companies controlled by Yong’s co-conspirators submitted the winning bid and would be awarded the contract. Yong also pleaded guilty for accepting bribes while working for Caltrans, a California state agency that receives significant federal funding. Yong received the bribes in the form of cash payments, wine, furniture and remodeling services on his home. The total value of the payments and benefits that Yong received neared $1 million.  

William D. Opp, the former contractor, was sentenced to 45 months’ imprisonment and ordered to pay $797,940.23 in restitution. According to a plea agreement filed on Oct. 3, 2022, Opp engaged in the same conspiracy, from early 2015 through at least as late as August 2018. As part of the conspiracy, Opp formed a separate construction company, with his wife as the nominal president, to submit sham bids on Caltrans contracts. During his participation in the conspiracy, Opp and co-conspirators provided nearly $800,000 in cash bribes and other benefits to Yong.

Yong and Opp are the second and third co-conspirators to be sentenced in the case. On April 17, 2023, former construction company owner Bill R. Miller was sentenced to 78 months’ imprisonment and ordered to pay nearly $1 million in restitution.

“These criminals – including a state employee who sought sales commissions for his role in the bid-rigging scheme – put greed and personal gain ahead of the public trust and are being punished accordingly,” said Director Daniel Glad of the Justice Department’s Procurement Collusion Strike Force (PCSF). “The Antitrust Division and our PCSF partners are on the lookout for those that try to cheat on government contracts.”

“A former Caltrans employee and a contractor have been sentenced today for a conspiracy that cheated a state agency out of taxpayer funds and that, if left unchecked, could threaten to undermine public confidence in the proper functioning of government institutions,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The defendants’ abuse of public trust and the length and breadth of the criminal conduct fully warrant today’s sentences. Bribes have no place in government contracting.”

“All government employees are expected to conduct businesses in accordance with both law and policy to ensure the integrity of those transactions and maintain public trust in the agencies they represent,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “No government official should put personal gain ahead of the needs of the communities they represent. The FBI stands ever ready to identify, investigate, and disrupt public corruption to ensure the American public’s trust in the institutions designed to serve and protect them is maintained.”

Today’s sentencing is the result of a joint investigation that was conducted by the Antitrust Division’s San Francisco office, the U.S. Attorney’s Office for the Eastern District of California, and the FBI’s Sacramento Field Office as part of the Justice Department’s Procurement Collusion Strike Force (PCSF).

Trial Attorneys Christopher J. Carlberg and Tai S. Milder and Assistant U.S. Attorney Lee S. Bickley prosecuted the case.

In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government — federal, state and local. To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to construction or infrastructure, go to www.justice.gov/procurement-collusion-strike-force.

Source: United States Department of Justice Criminal Division

A federal indictment was returned charging an Ohio man with a violation of the Church Arson Prevention Act for using Molotov cocktails against the Community Church of Chesterland, in Chesterland, Ohio, in an attempt to burn the church to the ground. He was also indicted on one count of using fire to commit a federal felony, one count of malicious use of explosive materials and one count of possessing a destructive device.

According to court documents, Aimenn D. Penny, 20, of Alliance, attempted to burn the church to the ground after learning the church was holding multiple drag show events the following weekend. Penny was initially arrested and charged with federal offenses on March 31.

If convicted, Penny faces a maximum penalty of up to 20 years in prison for the violation of the Church Arson Prevention Act. Penny also faces a mandatory minimum of five years and up to 20 years in prison for the malicious use of explosive materials charge and up to 10 years in prison for the possession of a destructive device charge. In addition, if convicted of using fire to commit a federal felony, Penny faces a 10-year mandatory prison sentence that will run consecutively with any other prison term imposed.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio and Special Agent in Charge Gregory Nelsen of the FBI Cleveland Field Office made the announcement.

The FBI Cleveland Field Office is investigating the case.

Assistant U.S. Attorneys Brian Deckert and Matthew W. Shepherd for the Northern District of Ohio and Trial Attorneys Jacob Warren and Justin Sher of the National Security Division’s Counterterrorism Section are prosecuting the case with assistance from Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section.

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

            WASHINGTON – Gary Jones, 35, of Washington, D.C., was arraigned today at a hearing before the Honorable Marisa Demeo on charges stemming from an incident at a public pool in August 2022. 

            Jones was indicted on April 19, 2023, by a grand jury in the Superior Court of the District of Columbia on two counts of second degree child sexual abuse, with aggravating circumstances; one count of attempted second degree child sexual abuse, with aggravating circumstances; and one count of misdemeanor sexual abuse of a child or minor, with aggravating circumstances.

            According to a publicly available document, on August 18, 2022, at approximately 5:30 p.m., Jones entered the shower room at the Anacostia Pool. When two children entered the shower area, they observed Jones wearing underwear that exposed his genitals and rubbing his “private part” in front of them. Jones touched one child on the buttocks and attempted to touch the other child as well. The children immediately reported the incident to pool staff, who detained Jones until police arrived. 

            In announcing the charges, U.S. Attorney Graves and Chief Contee commended the work of those investigating the case from the Metropolitan Police Department (MPD).  They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan and Paralegal Specialists ReShawn Johnson and Tiffany Fogle. Finally, they commended the work of Assistant U.S. Attorneys Jessica Wash, Kathleen Houck, and LaVater Massie-Banks, who are investigating and prosecuting the case.

            An indictment is merely a formal charge that a defendant has committed a violation of criminal laws, and every defendant is presumed innocent until, and unless, proven guilty.

Source: United States Department of Justice News

            WASHINGTON – Decondi Mayo, 46, of Washington, D.C., was sentenced today to 84 months in prison for unlawful possession of a firearm and ammunition, announced U.S. Attorney Matthew M. Graves, Acting Special Agent in Charge Michael Weddel, of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD). 

            Decondi Mayo pleaded guilty in September 2022, in the United States District Court, to unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. In addition to the seven year prison term, U.S. District Court Judge Paul Friedman ordered three years of supervised release.

            According to the government’s evidence, on January 29, 2021, at approximately 3 p.m., members of the Metropolitan Police Department (MPD) Crime Suppression Team were on patrol in the 2200 block of Bryan Place, S.E., Washington, DC. The officers observed the defendant reaching into the passenger side window of a blue Nissan Maxima with Maryland paper tags. The defendant looked in the officers’ direction as they pulled into the block and he immediately separated himself from the vehicle and continued to look back over his shoulder at officers. Shortly thereafter, the defendant walked up concrete steps toward a boarded up and uninhabitable home located at 2212 Bryan Place, SE. Officers parked, exited their vehicles, and observed the defendant continually pressing his right arm against the right side of his jacket as if he was attempting to secure an object on the front of his person. An officer then observed the defendant discard a pistol from his front waistband area. The defendant was subsequently arrested and found with a magazine with ten live rounds. The recovered firearm that the defendant tossed was a 9mm Glock 26 with one round of ammunition in the chamber and sixteen rounds in the magazine.

            In announcing the sentence, U.S. Attorney Graves, Acting SAC Weddel, and Chief Contee commended the work of those who investigated the case from Project Safe Neighborhood from both the Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Karla Nunez.

            Finally, they commended the efforts of Assistant U.S. Attorney Shehzad Akhtar, former Assistant United States Attorney Brandon Regan, former Assistant United States Attorney Kaitlin Ann Vaillancourt and Special Assistant U.S. Attorney Kristina Cervi who investigated and prosecuted the case.

Source: United States Department of Justice News

ANCHORAGE – A federal grand jury in Alaska returned an indictment on Friday, April 21, charging Air National Guard Technical Sergeant of the 176th Maintenance Group on Joint Base Elmendorf Richardson (JBER) with production, distribution, and possession of child pornography.

Richard Anthony Dougherty was arrested on Thursday, April 6, 2023, and was originally charged by complaint. The complaint filed in the case charged that, between 2017 and 2023, Richard Anthony Dougherty distributed child pornography over the internet and possessed “terabytes” of child pornography on a computer and mobile phone. According to court documents, Dougherty confessed to hoarding child pornography for approximately 20 years, some of which he produced using the camera feature of a mobile phone that he had installed behind a mirror in a bathroom at his house in Anchorage.

On April 21, 2023, the grand jury indicted Dougherty with three counts of production of child pornography, one count of receipt and distribution of child pornography, and one count of possession of child pornography. If convicted, he faces a mandatory minimum sentence of 15 years to life in prison on each production count, a mandatory minimum sentence of 5 to 20 years on the receipt and distribution count, and maximum of 10 years in prison for the possession count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other legal factors.

U.S. Attorney S. Lane Tucker for the District of Alaska made the announcement.

Homeland Security Investigations is investigating the case with substantial assistance from the Alaska State Troopers, and additional assistance from the Air Force Office of Special Investigations. The investigation is ongoing.

Assistant U.S. Attorneys Jonas M. Walker and Seth Brickey for the District of Alaska are prosecuting the case.

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