Virginia Man Pleads Guilty to Trafficking Turtles

Source: United States Department of Justice News

Stanlee Fazi, 41, of Louisa, Virginia, pleaded guilty in federal court in Alexandria to trafficking turtles in violation of the Lacey Act. Sentencing is scheduled for July 26.

Fazi admitted that between July 31, 2017, and June 29, 2020, he illegally collected eastern box turtles from the wild and sold them on at least 27 occasions to buyers in California, Colorado, Florida, Maryland, New Jersey, Ohio, Texas and Wisconsin. Fazi received approximately $12,700 using Facebook Marketplace for these sales. Many of Fazi’s purchasers, in turn, smuggled the turtles from the United States to Hong Kong and China for the illegal pet trade. Fazi acknowledged binding the turtles in socks and shipping them by FedEx from Fredericksburg.

The federal Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, transporting or selling wildlife in interstate commerce if the wildlife were illegally taken or possessed under state laws. The Commonwealth of Virginia also prohibits taking turtles from the wild or selling them. The maximum sentence under the Lacey Act is five years in prison and a $250,000 fine.

The eastern box turtle (Terrapene carolina carolina) is a subspecies of the common box turtle (Terrapene carolina). The eastern box turtle is native to forested regions of the eastern United States, including Virginia, with some isolated populations in the Midwest. The turtles typically reach a length of up to six inches and can live more than 100 years. The turtles have a domed carapace, which can display radiated lines or spots. Turtles with colorful markings are particularly prized in the domestic and foreign pet trade market.

The U.S. Fish and Wildlife Service Offices of Law Enforcement in Baltimore and Vero Beach, Florida, conducted the investigation as part of Operation Middleman. The operation focused on the trafficking of reptiles from the United States to China.

The government is represented by Senior Trial Attorney Ryan Connors of the Environment and Natural Resource Division’s Environmental Crimes Section and Assistant U.S. Attorney Gordon Kromberg for the Eastern District of Virginia.

North Korean Foreign Trade Bank Representative Charged in Crypto Laundering Conspiracies

Source: United States Department of Justice Criminal Division

Two federal indictments were unsealed today in the District of Columbia charging a North Korean Foreign Trade Bank (FTB) representative for his role in separate money laundering conspiracies designed to generate revenue for the Democratic People’s Republic of Korea through the use of cryptocurrency.

“The charges announced today respond to innovative attempts by North Korean operatives to evade sanctions by exploiting the technological features of virtual assets to facilitate payments and profits, and targeting virtual currency companies for theft,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “We will continue to work to disrupt and deter North Korean actors and those who aid them by following the money on the blockchain and shining a light on their conduct.”

According to court documents, Sim Hyon Sop (Sim), 39, is charged with allegedly conspiring with over-the-counter (OTC) cryptocurrency traders to use stolen funds to buy goods for North Korea and for conspiring with North Korean IT workers to generate revenue through illegal employment at blockchain development companies in the United States.

The first indictment involves a conspiracy between Sim and three OTC traders to launder stolen funds from virtual currency exchange hacks to make payments in U.S. dollars for goods on behalf of the North Korean government. The second involves a conspiracy between Sim and various North Korean IT workers to launder proceeds of illegal IT development work, where the IT workers gained employment at U.S. blockchain development companies using fake identities, and then laundered their ill-gotten gains through Sim for the benefit of the North Korean regime, and in contravention of sanctions imposed against North Korea by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the United Nations. Those sanctions were imposed to impede the development of North Korea’s ballistic missiles, weapons production, and research and development programs.

“Today’s indictments reveal North Korea’s continued use of various means to circumvent U.S. sanctions,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We can and will ‘follow the money,’ be it through cryptocurrency or the traditional banking system, to bring appropriate charges against those who would help to fund this corrupt regime.” 

According to court documents, North Korean national Sim, Chinese national Wu Huihu (Wu), Hong Kong British National (Overseas) Cheng Hung Man (Cheng), and the user of the online moniker live:jammychen0150 (“Jammy Chen”) conspired to launder stolen cryptocurrency and then used those funds to purchase goods through Hong Kong-based front companies on behalf of North Korea. Sim directed these payments, which were made in U.S. dollars, through “Jammy Chen.” “Jammy Chen” then recruited Wu and Cheng, both of whom were OTC traders, to find sham front companies and facilitate the payments to avoid U.S. sanctions against North Korea.

Sim also allegedly conspired to launder funds generated by North Korean IT workers who obtained illegal employment in the tech and crypto industry. These IT workers used fake personas to get jobs, including jobs at U.S.-based companies, and then asked to be paid in cryptocurrencies, such as stablecoins like USD Tether (USDT) and USD Coin (USDC), which are pegged to the U.S. dollar. After receiving payment, they funneled their earnings back to North Korea through Sim.

According to court documents, the Reconnaissance General Bureau (RGB) is North Korea’s primary intelligence and clandestine operations unit, known to have a cyber capability that has come to be known within the cybersecurity community as both Lazarus Group and Advanced Persistent Threat 38 (APT38). APT38 is a financially motivated North Korean regime-backed group responsible for conducting destructive cyber-attacks since at least 2014 to generate revenue for its ballistic missile and WMD programs. Specifically, these North Korean hackers have worked in concert to conduct cyber-attacks against victims located in the United States and around the world, including hacks against financial institutions and virtual asset service providers. North Korean actors have gained unauthorized access to these victim networks as part of their fraudulent scheme through a variety of means, including through spear-phishing messages designed to induce victims to download and execute malicious software developed by the hackers.  

Since 2017, as part of its cyber campaign, North Korean hackers have also executed virtual currency-related thefts to generate revenue for the regime, including through the hacking of virtual asset services providers, such as virtual currency exchanges. A portion of the proceeds from those virtual currency theft and fraud schemes was sent to virtual currency address 1G3Qj4Y4trA8S64zHFsaD5GtiSwX19qwFv, which Sim and his OTC trader coconspirators used to fund payments for goods for North Korea.

To generate revenue for the regime, North Korea also deploys IT workers to obtain illegal employment in the cryptocurrency industry. According to court documents, North Koreans apply for jobs in remote IT development work without disclosing that they are North Korean. These IT workers bypass security and due diligence checks through the false or fraudulent use of identity documents and other obfuscation strategies, such as virtual private networks to hide their true location from online payment facilitators and hiring platforms. The IT workers request payment for their services in virtual currency and then send their earnings back to North Korea via, among other methods, FTB representatives such as Sim.

A third indictment also unsealed today in the District of Columbia separately charges Wu with operating an unlicensed money transmitting business. According to court documents, Wu operated as an OTC trader on a U.S.-based virtual currency exchange and conducted over 1,500 trades for U.S. customers without obtaining the necessary licenses.

The FBI Chicago Field Office and FBI’s Virtual Assets Unit (VAU) are investigating the cases.

The charge of conspiring to launder monetary instruments is punishable by a maximum of 20 years in prison. The charge of operating an unlicensed money transmitting business is punishable by a maximum of five years in prison.

Trial Attorney Jessica Peck of the Justice Department’s National Cryptocurrency Enforcement Team (NCET) and Computer Crime and Intellectual Property Section, Assistant U.S. Attorneys Steven Wasserman and Christopher Tortorice for the District of Columbia, and Trial Attorney Emma Ellenrieder of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the cases. Paralegal Specialists Brian Rickers and Angela De Falco and Legal Assistant Jessica McCormick provided valuable assistance. Significant assistance was also provided by the U.S. Attorney’s Office for the Central District of California, FBI Los Angeles Field Office, Criminal Division’s Money Laundering and Asset Recovery Section, former Special Agent Chris Janczewski of the IRS Criminal Investigation, and former FBI analyst Nick Carlsen.

The NCET was created in October 2021 to combat the growing illicit use of cryptocurrencies and digital assets. Under the supervision of the Criminal Division, the NCET conducts and supports investigations into individuals and entities that enable the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers. The NCET also sets strategic priorities regarding digital asset technologies, identifies areas for increased investigative and prosecutorial focus, and leads the department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets.

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

Maryland Man Sentenced on Felony Charge For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON — A Maryland man was sentenced today on a felony charge of assaulting, resisting, or impeding officers using a dangerous weapon during the breach of the U.S. Capitol on Jan. 6, 2021. 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.

            Jacob Michael Therres, 25, of Fallston, Maryland, was sentenced to 40 months in prison. U.S. District Court Judge James E. Boasberg also ordered 36 months of supervised release and restitution of $2,000.

            According to court documents, on the afternoon of Jan. 6, 2021, Therres was involved in multiple assaults of law enforcement officers with dangerous weapons on the Lower West Terrace of the Capitol. At one point, Therres threw a long, heavy plank at a line of police officers, and it struck an officer in the head. The officer experienced immediate medical effects and, since the injury, occasionally still experiences dizziness. Therres also sprayed a chemical irritant towards a line of officers. He was arrested on November 14, 2022.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Maryland.

            The case was investigated by the FBI’s Baltimore Field Office and the FBI’s Washington Field Office, which identified Therres as #180 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 27 months since Jan. 6, 2021, more than 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.

L3 Technologies Settles False Claims Act Allegations Relating to Double-Charging for Certain Material Costs

Source: United States Department of Justice News

L3 Technologies, Inc., Communication Systems West, a Utah-based manufacturer of communications equipment for military systems, has agreed to pay $21.8 million to resolve allegations that it violated the False Claims Act by knowingly submitting and causing the submission of false claims to the Department of Defense by including in contract proposals the cost of certain parts twice, the Department of Justice announced today.

From approximately 2008 to 2011, L3 submitted, and the Department of Defense accepted, dozens of contract proposals for a handheld receiver called the Remote Operations Video Enhanced Receiver (ROVER), and a compact transceiver called the Video Oriented Transceiver for Exchange of Information (VORTEX), which operate together to provide real-time, full-motion video and other crucial data from the battlefield. The contract proposals included the cost of low-cost common-stock items, such as nuts and bolts, twice. As a result, the United States alleged that L3 knowingly double-charged the government for these parts.

“Government contractors must ensure that they provide the goods or services that they promised at the proper price,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to pursue those who knowingly overcharge the American taxpayers.” 

“The U.S. Attorney’s Office is committed to protecting the integrity of federal procurement contracting,” said U.S. Attorney Trina A. Higgins for the District of Utah. “We will vigorously pursue federal contractors who fail to comply with the highest standards of accuracy to ensure federal agencies are appropriately charged for goods and services.”

“The Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense’s Office of Inspector General, is steadfastly committed to rooting out fraud and ensuring taxpayer dollars are properly utilized,” said Acting Special Agent in Charge Gregory P. Shilling of DCIS’s Southwest Field Office. “DCIS, the Department of Justice, and our law enforcement partners will continue to work together to ensure individuals and contractors that defraud the government are held accountable for their actions.”

“This settlement further demonstrates the resolve of Army Criminal Investigation Division and our law enforcement partners to protect and defend the assets of the United States Army,” said Special Agent in Charge Scott L. Moreland of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Utah, with assistance from the Department of Defense, Defense Contract Audit Agency, and Defense Contract Management Agency.

This matter was handled by attorneys Paul R. Perkins, Russell B. Kinner, and Allison Cendali of the Civil Division and Assistant U.S. Attorney Sandra Steinvoort for the District of Utah.

In conjunction with this resolution, the Justice Department has agreed to settle for $7,982,554 a lawsuit filed by L3 alleging breach of contract claims against the United States. That case, L3 Technologies, Inc., Communications Systems-West Division v. United States, Civil Action No. 17-1304 (Fed. Cl.), alleged that in an effort to prevent L3 from continuing to double-charge for common-stock items, the Department of Defense improperly prohibited L3 from charging certain other costs.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Ten charged with conspiring to make straw purchases of firearms allegedly bought with stolen credit card information

Source: United States Department of Justice News

CINCINNATI – Federal agents arrested nine individuals for crimes relating to a conspiracy to buy firearms online and have them shipped to Cincinnati-area federal firearms licensees (FFLs). It is alleged that more than 70 firearms were bought with stolen credit card information and picked up, or attempted to be picked up, at local FFLs via straw purchases that hid the identity of the true buyer. Several of the defendants are also charged with COVID-relief crimes totaling more than $120,000 in alleged loss.

A total of 10 defendants were charged in two related indictments returned on April 12. The indictments were unsealed on April 21.

One defendant, Roderico Allen, 26, of Cincinnati, remains a fugitive. Law enforcement authorities ask anyone with information related to Allen’s whereabouts to call the ATF at 513-684-3354.

“These cases allege conspiracies that endangered our communities through straw firearms purchases, and several defendants are also alleged to have exploited pandemic relief,” said U.S. Attorney Kenneth L. Parker. “The U.S. Attorney’s Office will not waver in our determination to prosecute those who illegally purchase firearms and those who defrauded relief programs meant to help struggling Americans during the pandemic. Straw purchasers are as much a part of the problem of violence we are seeing on our streets as those who pull the trigger.”

Jones et al.

In one indictment, six individuals are charged with conspiring to make false statements during the purchase of a firearm from an FFL.

According to the indictment, from April 2022 through at least July 2022, the six conspired to make false statements to an FFL about the identity of the true buyer of the firearms, including on ATF Form 4473, which a buyer must fill out when purchasing a firearm.

Members of the conspiracy allegedly used stolen credit card information to buy firearms online from out-of-state FFLs, including Guns.com. The firearms were then shipped to Cincinnati-area FFLs for pickup. Members of the conspiracy allegedly bought the firearms in the names of other members of the conspiracy, who then falsely represented to local FFLs that they were the true buyers of the firearms and were not obtaining the firearms for anyone else.

It is alleged that the conspirators had 60 firearms shipped to the Southern District of Ohio and succeeded in obtaining at least 38 of those firearms.

The 23-count indictment charges:

Name

Age

City of Residence

Zephaniah Jones

20

Cincinnati

Nehemiah Jones

23

Atlanta, GA

Jerin Johnson, Sr.

35

Cincinnati

Cedric Conyers

34

Cincinnati

Aneesah Williams

27

Cincinnati

Mykia Melton

25

Cincinnati

Zephaniah Jones is also charged with three counts of unauthorized use of an access device and three counts of aggravated identity theft relating to his alleged use of stolen credit card numbers to buy firearms.

Four defendants – Zephaniah Jones, Nehemiah Jones, Mykia Melton and Jerin Johnson, Sr. – are also accused of fraudulently obtaining a total of five Small Business Administration Paycheck Protection Program (PPP) loans during the COVID-19 pandemic:

  • It is alleged that Zephaniah Jones fraudulently applied for and obtained more than $20,000 in PPP loans. Zephaniah Jones allegedly falsely stated he was the sole owner of Jones Lawncare LLC, a business he allegedly falsely claimed was in operation in February 2020 and had $99,000 in gross income in 2020.
  • Co-defendant Nehemiah Jones allegedly obtained two fraudulent PPP loans by falsely claiming to own a business called “massage on air” and falsely representing that the business earned $98,000 in gross income in 2020. Nehemiah Jones received two PPP loans totaling more than $40,000.
  • Mykia Melton allegedly received nearly $21,000 in PPP loans by falsely claiming she owned a clothing and accessories wholesaler called “Kia’s Drip.” It is alleged she falsely claimed the business had $100,000 in gross income in 2020.
  • Jerin Johnson, Sr. allegedly falsely claimed his handyman and contracting business grossed nearly $98,000 in income in 2020. He allegedly received a $20,000 PPP loan.

Allen et al.

The four defendants included in the second indictment are also charged with conspiring to make false statements during the purchase of a firearm from an FFL.

According to that indictment, from May 2022 through at least June 2022, the four defendants engaged in a conspiracy using the same fraud scheme as the Jones defendants. These defendants allegedly caused 14 firearms to be shipped to the Southern District of Ohio and obtained nine of them.

The individuals charged in this 10-count indictment include:

Name

Age

City of Residence

*Roderico Allen

26

Cincinnati

Tyler Sneed

25

Cincinnati

Kazyra Robertson

24

Cincinnati

Jaidah Jones

22

Columbus

*Fugitive

Roderico Allen is also charged with aggravated identity theft and unauthorized use of an access device relating to his alleged use of a stolen credit card number in May 2022.

Jaidah Jones is also charged with PPP fraud. She allegedly received approximately $20,000 after falsely claiming to own a shoe store, stating the shoe store earned $200,000 in gross income in 2020.

Conspiring to make false statements during the purchase of a firearm is a crime punishable by up to five years’ imprisonment, and making such false statements is punishable by up to 10 years’ imprisonment. Unauthorized use of an access device is a crime punishable by up to 10 years’ imprisonment. A conviction for aggravated identity theft requires a mandatory two-year prison term in addition to any other sentences imposed. Making false statements to an agency of the United States is punishable by up to five years in prison.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Angie Salazar, Special Agent in Charge for Homeland Security Investigations (HSI) Detroit Field Office; Cincinnati Police Chief Teresa A. Theetge; and Hamilton County Sheriff Charmaine McGuffey announced the charges. Assistant United States Attorney Julie D. Garcia is representing the United States in this case.

An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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