Month: April 2023

Source: United States Department of Justice News

AUSTIN, Texas – An Austin man was sentenced in a federal court in Austin Tuesday to five years in prison for possession of child pornography.

According to court documents, Tucker Smith, 31, had searched for, accessed, viewed, downloaded, possessed, stored, and distributed child sexual abuse material (CSAM) since approximately 2018.  Smith stated that he maintained between 15 and 20 gigabytes of CSAM depicting minors ranging from two to three years old to 15-16 years old.  Investigators seized and submitted approximately 904 images and 3,402 videos of suspected CSAM to the National Center for Missing and Exploited Children (NCMEC).

“This sentencing sends the message that we will continue to pursue and prosecute the predators who engage in the heinous and indefensible act of possessing child sexual abuse material,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “Thank you to our partners at the FBI for their investigation and helping us seek justice for the dozens upon dozens of child victims exploited in this case.”

“The FBI remains steadfast in our commitment to protect children from those who seek to exploit their innocence,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division.  “These types of cases serve as a reminder of the important role the public plays in keeping our children and communities safe by immediately reporting potential public safety threats to law enforcement.”

The FBI investigated the case.

Assistant U.S. Attorney Matt Devlin prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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Source: United States Department of Justice News

A federal jury convicted a U.S. entertainer and businessman today for orchestrating an unregistered, back-channel campaign beginning in or about 2017 to influence the then-administration of the President of the United States and the Department of Justice to drop the investigation of Jho Low and others for embezzlement and other offenses in connection with the international strategic and development company known as 1Malaysia Development Berhad (1MDB), and to send a Chinese national back to China, as well as conspiring to make and conceal foreign and conduit campaign contributions during the 2012 U.S. presidential election.

According to court documents and evidence presented at trial, Prakazrel “Pras” Michel, 50, of Coconut Creek, Florida, conspired with Low Taek Jho, aka Jho Low, of Malaysia; Elliott Broidy; Nickie Lum Davis; George Higginbotham; and others to engage in undisclosed lobbying campaigns at the direction of Low and the Vice Minister of Public Security for the People’s Republic of China, respectively, to have the 1MDB embezzlement investigation and forfeiture proceedings involving Low and others dropped and to have a Chinese national sent back to China.

“As proven at trial, the defendant engaged in an extensive conspiracy to use millions of dollars in foreign funds to engage in illegal back-channel lobbying and make unlawful campaign contributions,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s verdict demonstrates that anyone who engages in unlawful foreign-sponsored efforts to influence American officials, our elections, or the criminal justice system will be brought to justice.”

Michel also conspired with Low to orchestrate and conceal a foreign and conduit contribution scheme in which they funneled millions of dollars of Low’s money into the 2012 U.S. presidential election as purportedly legitimate campaign contributions, all while concealing the true source of the money. Michel received Low’s money and contributed it both personally and through approximately 20 straw donors. Michel also caused a presidential joint fundraising committee and an independent expenditure committee to submit false reports to the Federal Election Commission (FEC). In addition, Michel personally submitted a false declaration to the FEC, conspired to commit money laundering and make false statements to financial institutions related to the foreign influence campaigns, and attempted to cause witnesses to make false statements to and withhold information from law enforcement officials about the scheme.

“Michel played a central role in a wide-ranging conspiracy to improperly influence top government officials, including the then-President of the United States and the then-Attorney General,” said Special Agent in Charge Harry A. Lidsk of the Department of Justice Office of the Inspector General  (DOJ-OIG) Cyber Investigations Office. “The DOJ-OIG uncovered this activity in 2017 and led an exhaustive investigation which culminated today with the conviction of the fourth charged conspirator. I would like to thank the members of the jury for their time and careful deliberation of the facts.”

“The defendant brazenly conspired to help a foreign national launder millions of dollars in illegitimate campaign contributions into the 2012 U.S. presidential election,” Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our partners are dedicated to uncovering even the most sophisticated schemes which could undermine our fair and transparent democratic process.”

Michel was convicted of conspiracy, concealment of material facts, making false entries in records, witness tampering, and serving as an unregistered agent of a foreign power. He faces a maximum penalty of 20 years in prison on the top counts. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Broidy pleaded guilty for his role in the scheme on Oct. 20, 2020, in the District of Columbia. He received a full presidential pardon on Jan. 19, 2021.

Higginbotham pleaded guilty for his role in the scheme on Nov. 30, 2018, in the District of Columbia. He will be sentenced at a later date.

Lum Davis pleaded guilty for her role in the scheme on Aug. 31, 2020, in the District of Hawaii. She was sentenced to two years in prison on Jan. 19.

Low was previously indicted and is a fugitive.

The DOJ-OIG and the FBI Los Angeles Field Office and International Corruption Squad in New York investigated the case.

Principal Deputy Chief John D. Keller, Election Crimes Branch Director of Enforcement and Litigation Sean F. Mulryne, and Trial Attorney Nicole R. Lockhart of the Criminal Division’s Public Integrity Section are prosecuting the case.

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

Source: United States Department of Justice News

CONCORD – A federal grand jury has indicted Allan Poller, 23, for calling the office of a member of the United States House of Representatives and threatening to kill the Congressman, U.S. Attorney Jane E. Young announces.

The indictment includes one count of threatening to assault and murder a federal official, and one count of transmitting in interstate commerce a threat to injure the person of another. Poller will appear in federal court for arraignment at a later date.

According to the charging documents, on March 29, 2023 at approximately 12:20 a.m., Poller called the congressional office in Washington D.C. and left a voicemail, stating:

Hi, my name is Allan Poller, A-L-L-A-N P-O-L-L-E-R, phone number []8931. And I just want to let you know, Representative [Name], if you keep on coming for the gays, we’re gonna strike back and I guarantee you, you do not want to fuck with us. We will kill you if that’s what it takes. I will take a bullet to your fucking head if you fuck with my rights anymore. And then if you want to keep going down that path, you know who’s next.

Count one provides for a sentence of up to ten years in prison, and count two provides for a sentence of up to five years in prison. Each count also provides for up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Federal Bureau of Investigation, Boston Division and the United States Capitol Police led the investigation. Valuable assistance was provided by the Keene, New Hampshire Police Department and the Springfield, Vermont Police Department. Assistant U.S. Attorney Jarad E. Hodes is prosecuting the case.

 The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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Source: United States Department of Justice News

PENSACOLA, FLORIDA – Brian G. Kolfage, 41, of Miramar Beach, Florida, was sentenced to 51 months in federal prison after previously pleading guilty to crimes charged in the Northern District of Florida relating to the filing of his 2019 federal income taxes, along with a guilty plea to conspiracy to commit wire fraud charges filed by the United States Attorney’s Office for the Southern District of New York for defrauding donors to “We Build the Wall.” The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.  

“The United States relies on the honest payment of taxes to defend our country and maintain its operations,” stated U.S. Attorney Coody. “With the assistance of our dedicated law enforcement partners, we are committed to investigating and prosecuting those who falsely misrepresent their income – whether by traditional evasion or the filing of fraudulent documents to further their criminal schemes. This sentence should serve as a significant deterrent to such illegal conduct.”

Court documents reflect Kolfage pled guilty to three federal charges related to filing false income tax returns for the tax year 2019. With this plea, Kolfage admitted, under oath, that between January 2019 and July 2020, he engaged in a scheme to defraud the United States in relation to his 2019 federal income tax returns. Kolfage admitted illicitly receiving hundreds of thousands of dollars from multiple organizations during 2019, including We Build the Wall, Inc., which were deposited into his personal bank account. Kolfage failed to report this income to the Internal Revenue Service. Upon learning of an investigation into his federal income taxes, Kolfage then filed amended tax returns for 2019 that were also false. These amended tax returns continued to fraudulently fail to report income deriving directly and indirectly from We Build the Wall. Kolfage spent his unreported income on things such as personal boat payments, a luxury SUV, jewelry, and cosmetic surgery. 

“Mr. Kolfage deliberately and egregiously side-stepped his legal duty to pay taxes when he devised an elaborate scheme to hide income from his non-profit organization, We Build the Wall,” said IRS-CI Special Agent in Charge Brian Payne. “Kolfage repeatedly falsely claimed he would not take a salary and preyed on the generosity of hundreds of thousands of donors through his vast online fundraising scam. Today’s sentencing should serve as evidence that this type of blatant disregard for the rules and obligations that govern non-profit fundraising will not be tolerated.”

Kolfage’s federal prison sentence will be followed by 3 years supervised release, and he will also be required to pay restitution, to the United States of America, in the amount of $143,003 for his tax crimes, along with millions of dollars’ worth of forfeiture and restitution for his scheme to defraud We Build the Wall donors.

“Mr. Kolfage deliberately and intentionally preyed on the hearts and pocketbooks of hardworking Americans as a way to fund his own lavish lifestyle,” said Sherri E. Onks, Special Agent in Charge of FBI Jacksonville. “The FBI and our law enforcement partners will not tolerate this type of blatant fraud against unwitting donors, and this sentencing should serve as a warning to those who attempt to take advantage of others.”

The Northern District of Florida case was investigated by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the Office of Agricultural Law Enforcement of the Florida Department of Agriculture and Consumer Services. The case was prosecuted by Assistant United States Attorney David L. Goldberg along with prosecutors in the Southern District of New York.   

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html

Source: United States Department of Justice News

Baltimore, Maryland – U.S. District Judge Julie R. Rubin sentenced Jermaine Steward, age 33, of Gwynn Oak, Maryland today to nine years in federal prison, followed by four years of supervised release, after Steward pleaded guilty to federal charges for possession with intent to distribute more than 400 grams of fentanyl and for being a felon in possession of a firearm.  Steward is the last defendant of the drug trafficking organization (“DTO”) to plead guilty.

Co-defendant Jamar Middleton, age 35, of Edgewood, Maryland, pleaded guilty on April 13, 2023, and was sentenced to 138 months in federal prison, followed by four years of supervised release, on the same charges.         

The guilty pleas and sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration – Washington Field Division; Anne Arundel County Police Chief Amal E. Awad; Chief Robert McCullough of the Baltimore County Police Department; Anne Arundel County State’s Attorney Anne Colt Leitess; and Baltimore County State’s Attorney Scott Shellenberger.

“Our comprehensive approach to preventing violence includes today’s Reentry and Resource Fair to provide resources to returning citizens to keep them from reoffending, as well as our efforts to remove guns and repeat offenders from the streets by any legal means necessary.  And we are having success,” said United States Attorney Erek L. Barron.  “As of today, homicides in Baltimore are down more than 18% from last year and non-fatal shootings are down more than 15%.  We remain laser-focused on reducing violent crime.”

According to his guilty plea, the DEA investigated the Burton DTO operating in Baltimore.  On December 15, 2021, law enforcement searched a stash house used by DTO leader Edward Burton, Steward, Middleton, and co-conspirator Jerrell Simms, and recovered approximately 431.25 grams of mixtures or substances containing fentanyl, including a bag of 6,450 gelatin capsules containing approximately 231.67 grams of fentanyl and another bag containing 644 gelatin capsules containing 113 grams of fentanyl, as well as narcotics packaging materials and other drug paraphernalia.  The search of the stash house also recovered seven firearms and ammunition, including three 9mm handguns; an AR-15 style rifle; a .45-caliber handgun; a 7.62 x 39mm caliber pistol; a .40-caliber rifle; .45-caliber magazines; and 7.62 x 39mm and 9mm ammunition.  Law enforcement also recovered $4,376 in cash and jewelry valued at $13,550, which constituted proceeds of drug trafficking.  Additional firearms, cash and jewelry were recovered from other search locations associated with the defendants.

Edward Burton, age 38, of Jessup, Maryland, pleaded guilty on October 12, 2022, and was sentenced to 13 years in federal prison.  Jerrell Simms, age 37, of Baltimore, previously pleaded guilty to possession with intent to distribute fentanyl and was sentenced to 97 months in federal prison.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location.  This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against priority targets and their affiliate illicit financial networks.  These prosecutor-led co-located Strike Forces capitalize on the synergy created through relationships forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime.  The specific mission of the Baltimore OCDETF Strike Force is to reduce violent, drug-related, and gang crime in the Baltimore area and surrounding region.

United States Attorney Erek L. Barron commended the DEA, the Anne Arundel County Police Department, the Baltimore County Police Department, the Anne Arundel County State’s Attorney’s Office, and the Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorneys Joan C. Mathias and Ariel Evans, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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