Month: July 2024

Source: United States Department of Justice Criminal Division

The Justice Department issued the following statement from Attorney General Merrick B. Garland on the arrests of alleged leaders of the Sinaloa Cartel, Ismael Zambada Garcia (El Mayo) and Joaquin Guzman Lopez:

“The Justice Department has taken into custody two additional alleged leaders of the Sinaloa Cartel, one of the most violent and powerful drug trafficking organizations in the world. Ismael Zambada Garcia, or “El Mayo,” cofounder of the Cartel, and Joaquin Guzman Lopez, a son of its other cofounder, were arrested today in El Paso, Texas. 

Both men are facing multiple charges in the United States for leading the Cartel’s criminal operations, including its deadly fentanyl manufacturing and trafficking networks. 

El Mayo and Guzman Lopez join a growing list of Sinaloa Cartel leaders and associates who the Justice Department is holding accountable in the United States. That includes the Cartel’s other cofounder, Joaquin Guzman Loera, or “El Chapo”; another of El Chapo’s sons and an alleged Cartel leader, Ovidio Guzman Lopez; and the Cartel’s alleged lead sicario, Néstor Isidro Pérez Salas, or “El Nini.”

Fentanyl is the deadliest drug threat our country has ever faced, and the Justice Department will not rest until every single cartel leader, member, and associate responsible for poisoning our communities is held accountable.”

Source: United States Department of Justice Criminal Division

An Alabama man pleaded guilty today to sending threatening messages to election workers with Maricopa County Elections in Phoenix.

“The functioning of our democracy requires that our country’s public servants be able to do their jobs without fearing for their lives,” said Attorney General Merrick B. Garland. “We have no tolerance for this kind of heinous criminal conduct and the danger it poses to people’s safety and to our democratic process. Threats and acts of violence targeting those who serve the public will be met with the full force of the United States Justice Department.”

“Violent threats to election workers are threats to our democracy and democratic process. We cannot allow threats of violence against public servants to become normalized,” said FBI Director Christopher Wray. “The FBI takes seriously all threats of violence against public officials and will continue to pursue threats and acts of violence aimed at election workers.

“Brian Ogstad repeatedly threatened to kill Maricopa County election workers and officials,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “As today’s guilty plea demonstrates, the Department is committed to holding accountable those who target election workers and officials with threats of violence. I am especially grateful to the Election Threats Task Force, which continues to spearhead the Department’s efforts to ensure that public servants who administer our elections can do their jobs free from threats and intimidation.”

“This guilty plea should send a message to anyone who tries to take the rule of law into their own hands through vigilante justice,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “But it also showcases the resilience of public servants. Thanks to the election professionals in Maricopa County who have worked courageously to maintain free and fair elections in spite of the threats received.”

According to court documents, on Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through Aug. 4, 2022, Brian Jerry Ogstad, 60, of Cullman, sent multiple threatening direct messages to an Instagram social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad stated, (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught!  They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about Aug. 4, 2022, Ogstad also stated, “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”

Ogstad pleaded guilty to one count of making a threatening interstate communication. He is scheduled to be sentenced on Oct. 21 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Phoenix Field Office is investigating the case, with substantial assistance from the FBI Birmingham Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers—whether elected, appointed, or volunteer—are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. The task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

The task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

Source: United States Department of Justice Criminal Division

Three men were sentenced today for various conspiracy and firearms offenses in connection with a racially-motivated scheme to destroy an energy facility.

Paul James Kryscuk, 38, of Boise, Idaho, was sentenced today to six years and six months in prison for conspiracy to destroy an energy facility. Liam Collins, 25, of Johnston, Rhode Island, was sentenced today to 10 years in prison for aiding and abetting the interstate transportation of unregistered firearms. Justin Wade Hermanson, 25, of Swansboro, North Carolina, was sentenced today to one year and nine months in prison for conspiracy to manufacture firearms and ship interstate.

“As part a self-described ‘modern day SS,’ these defendants conspired, prepared, and trained to attack America’s power grid in order to advance their violent white supremacist ideology,” said Attorney General Merrick B. Garland. “These sentences reflect both the depravity of their plot and the Justice Department’s commitment to holding accountable those who seek to use violence to undermine our democracy.”

According to court documents and other information presented in court, Kryscuk, Collins, and Hermanson researched, discussed and reviewed at length a previous attack on the power grid by an unknown group. The group depicted in the attack used assault-style rifles in an attempt to explode a power substation. Between 2017 and 2020, Kryscuk manufactured firearms while Collins stole military gear, including magazines for assault-style rifles, and had them delivered to the other defendants. During that time, co-defendant Jordan Duncan gathered a library of information – some military-owned – regarding firearms, explosives, and nerve toxins and shared that information with Kryscuk and Collins. In October 2020, a handwritten list of approximately one dozen intersections and places in Idaho and surrounding states was discovered in Kryscuk’s possession, including intersections and places containing a transformer, substation, or other component of the power grid for the northwest United States. 

Previously filed charges alleged that Collins and Kryscuk were members of and made multiple posts on the “Iron March” forum, a gathering point for young neo-Nazis to organize and recruit for extremist organizations, until the forum was closed in late 2017. Collins and Kryscuk met through the forum and expanded their group using an encrypted messaging application as an alternate means of communication outside of the forum. Collins and Kryscuk recruited additional members, including Duncan, Hermanson, and co-defendant Joseph Maurino, and conducted training, including a live-fire training in the desert near Boise, Idaho. From video footage recorded by the members during the training, Kryscuk, Duncan and others produced a montage video of their training. In the video, the participants are seen firing short barrel rifles and other assault-type rifles, and the end of the propaganda video shows the four participants outfitted in Atomwaffen masks giving the “Heil Hitler” sign, beneath the image of a black sun, a Nazi symbol. The last frame bears the phrase, “Come home white man.” Prior to their arrests, Collins and Duncan had relocated to Idaho from North Carolina and Texas, respectively, to be near Kryscuk.

The FBI, Naval Criminal Investigative Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case.

Trial Attorney John Cella of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorneys Barbara Kocher and Gabriel Diaz for the Eastern District of North Carolina are prosecuting the case, with assistance from Assistant United States Attorneys for the District of Idaho, District of New Jersey, Eastern District of New York, and the District of Rhode Island.

Source: United States Department of Justice Criminal Division

The Justice Department today filed a statement of interest in the U.S. District Court for the District of New Hampshire supporting the right of private plaintiffs to bring a lawsuit challenging robocalls as intimidating, threatening or coercive in violation of Section 11(b) of the Voting Rights Act. This brief is one of several filed by the Justice Department explaining the prohibition against voter intimidation in Section 11(b) and supporting the longstanding principle that private plaintiffs can sue to vindicate important rights protected by the Voting Rights Act.

“Voter intimidation, whether carried out in person or by way of robocalls, disinformation campaigns, or other tactics, can stand as a significant barrier for voters seeking to exercise their voice in our democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Every voter has the fundamental right to cast their ballot free from intimidation, threats and coercion. Since enactment of the Voting Rights Act of 1965, impacted voters, advocacy groups and organizations, have had full ability to turn to the courts to enforce the Act’s ban on voter intimidation across the country. The Justice Department has vigorously enforced this ban and will continue to challenge voter intimidation and defend the right of private citizens and organizations to do the same.”

“The U.S. Attorney’s Office in the District of New Hampshire remains committed to protecting voting rights using all enforcement tools available to us. Section 11(b) of the Voting Rights Act is a valuable aid in this effort, as it allows for voters to assist in the enforcement process by bringing private suits against anyone that intimidates, threatens or coerces another person in the exercise of their fundamental right to vote,” said U.S. Attorney Jane E. Young for the District of New Hampshire. “Robocalls in particular can violate voting rights by incentivizing voters to remain away from the polls, deceive voters into believing false information and provoke fear among the targeted individuals. The U.S. Attorney’s Office commends any private citizen willing to stand up against these aggressive tactics and exercise their rights to participate in the enforcement process for the Voting Rights Act.”

The department filed its statement of interest in League of Women Voters of New Hampshire v. Kramer, a lawsuit filed by private plaintiffs who seek a preliminary injunction against a violation of Section 11(b) in connection with robocalls in the 2024 New Hampshire presidential primary election. Defendants moved to dismiss arguing among other things that there is no private right of action under Section 11(b) and that robocalls do not violate Section 11(b).

The statement of interest affirms that private parties may enforce Section 11(b) of the Voting Rights Act. It further explains that conduct violates Section 11(b) if it is objectively intimidating, threatening or coercive to a reasonable voter. That conduct may include robocalls containing false information about the time, place or manner of voting. Whether such robocalls violate the Voting Rights Act depends on such factors as the content and any deceptive features of the calls, the context and timing of the calls, the targeting of any particular group and other historical and social conditions. Federal law prohibits intimidation, threats and coercion throughout the voting process, including registration, casting a ballot and counting or tallying votes. Furthermore, federal law protects against both actual and attempted intimidation, coercion and threats.

More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section. Individuals can report possible violations of the federal voting rights laws through the Civil Rights Division’s website at civilrights.justice.gov or by telephone toll-free at 800-253-3931.