Category: US Department of Justice

Source: United States Department of Justice

After a six-day trial, a jury found Brandon Russell, 29, of Orlando, Florida, guilty of conspiracy to damage an energy facility.

According to evidence presented at trial, from at least November 2022 to Feb. 3, 2023, Russell conspired to carry out attacks against critical infrastructure, specifically transformers located within electrical substations, in furtherance of his racially or ethnically motivated violent extremist beliefs. Russell posted links to open-source maps of infrastructure, which included the locations of electrical substations, and he described how a small number of attacks on substations could cause a “cascading failure.” Russell also discussed maximizing the impact of the planned attack by hitting multiple substations at one time.

Russell recruited a Maryland-based woman, Sarah Beth Clendaniel, to carry out the attacks in Baltimore and elsewhere. They planned to damage energy facilities involved in the transmission and distribution of electricity and to cause a significant interruption and impairment of the Baltimore regional power grid. The intended monetary loss associated with the planned attacks would have exceeded $75 million. Clendaniel identified five substations to target, and Russell attempted to secure a weapon for Clendaniel. Clendaniel stated that if they hit a number of substations all in the same day, they “would completely destroy this whole city,” and that a “good four or five shots through the center of them . . . should make that happen.” She further added, “[i]t would probably permanently completely lay this city to waste if we could do that successfully.”

Russell faces a maximum penalty of 20 years in prison for conspiracy to damage an energy facility and is scheduled to be sentenced on June 17.

On Sept. 25, 2024, Clendaniel was sentenced to 18 years in prison, followed by a lifetime of supervised release, for conspiring with Russell to damage or destroy an energy facility. Clendaniel was also sentenced to 15 years in prison for being a felon in possession of a firearm and 3 years of supervised release.

The FBI investigated the case.

The Justice Department’s National Security Division and the U.S. Attorney’s Office for the Middle District of Florida prosecuted the case.

Source: United States Department of Justice

A six-count indictment was unsealed today charging Mark John Buschman, 60, of Viroqua, Wisconsin, for allegedly selling firearms and related parts without a license to buyers in Saudi Arabia, shipping the prohibited items, and then lying to federal inspectors about it.

According to the indictment, Buschman allegedly conducted an illegal export conspiracy for more than five years, lasting from about February 2019 to about December 2024. Buschman obtained firearms and firearms parts in the U.S. and advertised the items for sale on eBay and other online marketplace-style websites. When buyers in Saudi Arabia expressed interest in the items for sale, he agreed to sell and ship the items out of the country to them. Throughout the course of the conspiracy, Saudi Arabian-based buyers paid the defendant approximately $398,000.

Court documents indicate that serial numbers from some of the firearms and firearms parts were removed before he shipped the items. The defendant then prepared the items further before shipping them by concealing the firearms and firearm parts inside of common household appliances and tools such as toasters, coffee makers, space heaters, fans, and landscaping edge trimmers. For example, the defendant concealed rifle barrels in items such as car axles, and smaller pistols inside of toasters. Using a fake return address, the defendant shipped the items through the U.S. Postal Service to freight forwarders, which are companies that specialize in the logistics of shipping items from one country to another. The defendant allegedly shipped the items to freight forwarding companies that operated out of Ohio, New Jersey, Oregon, and elsewhere without declaring that the shipments contained firearms and firearms parts.

Buschman is charged by indictment with conspiracy to smuggle goods from the United States; attempted smuggling of goods from the United States; transporting and shipping firearms with removed, obliterated, or altered serial numbers; mailing firearms as nonmailable prohibited items; unlawful dealing in firearms without a license; and making false statements to law enforcement. If convicted on all counts, Buschman faces a maximum penalty of 42 years in prison and fines of up to $1.5 million. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Homeland Security Investigations Cleveland Office, U.S. Postal Inspection Service Cleveland Office, and Bureau of Alcohol, Tobacco, Firearms & Explosives are investigating the case with assistance from U.S. Customs and Border Protection.

Assistant U.S. Attorneys Matthew Shepherd and Jerome J.  Teresinski for the Northern District of Ohio, Trial Attorney Christopher Cook of the National Security Division’s Counterintelligence and Export Section, and Assistant U.S. Attorney Corey Stephan for the Western District of Wisconsin prosecuted the case.

Source: United States Department of Justice

Minh Quang Pham, also known as “Amim”, 41, of Massachusetts, was sentenced today to 44 years in prison and a lifetime of supervised release for attempted suicide bombing in alliance with al-Qaeda in the Arabian Peninsula (AQAP), a designated foreign terrorist organization.

“The defendant was sentenced for an attempt to commit an act of terrorism and plotting a suicide bombing on behalf of AQAP,” said Devin DeBacker, head of the Justice Department’s National Security Division. “The Justice Department will not rest in seeking justice for acts of terrorism and will continue to thwart any attempt to jeopardize global security.”

“Pham coordinated with known terrorist Anwar al-Aulaqi on a plot to conduct a suicide bombing at Heathrow International Airport which could have killed or injured many people, but fortunately that plan was stopped,” said Assistant Director David J. Scott of the FBI’s Counterterrorism Division. “Pham also tried to recruit others to commit acts of terrorism. The FBI will work with our partners to hold accountable those who align themselves with terrorist organizations and attempt to carry out acts of violence.”

“Minh Quang Pham’s actions were not just an affront to the safety of this country, but to the principles of peace and security that we hold dear,” said U.S. Attorney Danielle R. Sassoon for the Southern District of New York. “Today’s sentencing underscores our collective resolve to stop terrorism before it occurs, and place would-be terrorists in prison.”

According to court documents, in December 2010, Pham informed others that he planned to travel to Ireland while residing in London. From Ireland, he traveled to Yemen, the principal base of operations for AQAP. Pham traveled to Yemen in order to join AQAP, wage jihad on behalf of AQAP, and martyr himself for AQAP’s cause. After arriving in Yemen, he swore an oath of loyalty to AQAP in the presence of an AQAP commander.

While in Yemen in 2010 and 2011, Pham provided assistance to and received training from Anwar al-Aulaqi, a U.S.-born senior leader of AQAP. Al-Aulaqi advised Pham to return to the U.K. for the purpose of finding and making contact with individuals who, like Pham, wanted to travel to Yemen to join AQAP. Al-Aulaqi also provided Pham with money, as well as a telephone number and e-mail address that Pham was to use to contact al-Aulaqi upon his return to the U.K. In addition, Pham exchanged his laptop computer with al-Aulaqi, who provided him with a new “clean” laptop to take with him when he returned to the U.K. so that the authorities would not find anything if they searched his computer.

In or about June 2011, prior to his departure from Yemen, Pham approached al-Aulaqi about conducting a suicide attack whereby he would “sacrifice” himself on behalf of AQAP. Al-Aulaqi personally taught Pham how to create a lethal explosive device using household chemicals and directed Pham to detonate such an explosive device at the arrivals area of Heathrow International Airport following Pham’s return to the U.K. in 2011. Al-Aulaqi instructed Pham to carry an explosive in a concealed backpack and target the area where flights arrived from the U.S. or Israel. During this time, Pham made videos depicting his preparation to carry out that attack. In one video, Pham is shown wiring an electrical device for the use of making an explosive device. In another video, he sketches an explosive device to be contained in a backpack, and in a third, Pham wears a backpack with wiring for explosives on it, which he turns on in the video.

During this time, around June or July 2011 — shortly before Pham returned from Yemen to the U.K. — Pham recorded a video in which he attempted to recruit and encourage individuals in the West to engage in violent jihad abroad or in their home countries. In this video, he also expresses a desire to martyr himself. At the outset of this video, consisting of an approximately 13-minute-long monologue, Pham states that, “America itself is not fighting a war with a group or an organization, they are fighting with the army of Allah, the believers.” He continues, in part, “We have that opportunity, that ability to be in their midst, in their land . . . and I advise the brothers inshallah to, whatever you can, to gather and prepare and strike the enemy in their own land . . . The saying, a thousand cuts, you hit them with as much as you can until inshallah the enemy will bleed to death.” During his time in Yemen, Pham also assisted with the preparation and dissemination of AQAP’s propaganda magazine, Inspire. Pham, who has college degrees in both graphic design and animation, worked directly with now-deceased U.S. citizen, Samir Khan, who was a prominent member of AQAP responsible for editing and publishing Inspire.  

Pham also received a six-page document entitled “Your Instructions” from al-Aulaqi in Yemen, which provided detailed instructions on how Pham was to commit his suicide attack at Heathrow. The document from al-Aulaqi instructed Pham, “[d]o not do anything for the first three months” and “[y]ou should target Christmas/ New Year season[.]” The instructions from al-Aulaqi provided explicit direction about the importance of using shrapnel to kill as many people as possible, including that “[t]he proper use of shrapnel is as important as the main charge itself. The detonation wave from a main charge of AP by itself is most likely not going to cause the death of anyone except those who are in its immediate vicinity. It is the shrapnel that would do the job. You may imagine this IED as a shotgun that is firing in all directions.” The document therefore instructed Pham to take “special care” with the “proper arrangement and choice of shrapnel,” and to “poison” it to inflict maximum death.

On July 27, 2011, Pham returned to the U.K. Upon his arrival at Heathrow, U.K. authorities detained Pham, searched him, and recovered various materials from him, including a live round of 7.62mm caliber armor-piercing ammunition, which is consistent with ammunition that is used in a Kalashnikov assault rifle, a type of weapon for which Pham received training from AQAP in Yemen. U.K. authorities released Pham and cautioned him for his possession of the live round of ammunition, before, in December 2011, arresting him pursuant to their authorities under U.K. immigration law. In searches of Pham’s residence, other locations, and vehicles, U.K. authorities recovered several pieces of electronic media. Among other things, a forensic analysis of Pham’s electronic media showed that he was accessing speeches and writings of al-Aulaqi as late as December 2011 — months after Pham’s return to the U.K.

On May 24, 2012, a grand jury returned an indictment charging Pham with terrorism offenses and U.S. authorities sought Pham’s extradition from the U.K. He was provisionally arrested with a view towards extradition on June 29, 2012, and he was extradited to the United States on Feb. 26, 2015. On Jan. 8, 2016, Pham pleaded guilty to terrorism offenses related to certain of the same underlying conduct. On May 27, 2016, Pham was sentenced by U.S. District Judge Alison J. Nathan principally to a term of 40 years in prison. On Sept. 12, 2017, the U.S. Court of Appeals for the Second Circuit affirmed Pham’s conviction and sentence. Thereafter, Pham made a motion that, based on intervening Supreme Court decisions, resulted in the vacatur of one of the counts of his conviction. Ultimately, the government, with Pham’s consent, moved to vacate Pham’s earlier convictions. On April 8, 2021, a grand jury returned a superseding indictment, reinstating certain charges and filing other new charges against Pham, and which formed the basis for Pham’s May 11, 2023, guilty plea and conviction.

The FBI Washington and New York Field Offices investigated the case. The Justice Department’s Office of International Affairs, Metropolitan Police Service/SO 15 Counter Terrorism Command at New Scotland Yard, Crown Prosecution Service, and the Home Office provided assistance in the investigation, extradition, and prosecution of the case.

Assistant U.S. Attorney Jacob H. Gutwillig for the Southern District of New York and Trial Attorney John Cella of the National Security Division’s Counterterrorism Section prosecuted the case. 

Source: United States Department of Justice

Note: View the superseding indictment here. 

A federal grand jury returned a superseding indictment today charging Linwei Ding, also known as Leon Ding, 38, with seven counts of economic espionage and seven counts of theft of trade secrets in connection with an alleged plan to steal from Google LLC (Google) proprietary information related to AI technology.

Ding was initially indicted in March 2024 on four counts of theft of trade secrets. The superseding indictment returned today describes seven categories of trade secrets stolen by Ding and charges Ding with seven counts of economic espionage and seven counts of theft of trade secrets.

According to the superseding indictment, Google hired Ding as a software engineer in 2019. Between approximately May 2022 and May 2023, Ding uploaded more than 1,000 unique files containing Google confidential information from Google’s network to his personal Google Cloud account, including the trade secrets alleged in the superseding indictment.

While Ding was employed by Google, he secretly affiliated himself with two People’s Republic of China (PRC)-based technology companies. Around June 2022, Ding was in discussions to be the Chief Technology Officer for an early-stage technology company based in the PRC.  By May 2023, Ding had founded his own technology company focused on AI and machine learning in the PRC and was acting as the company’s CEO. 

The superseding indictment alleges that Ding intended to benefit the PRC government by stealing trade secrets from Google. Ding allegedly stole technology relating to the hardware infrastructure and software platform that allows Google’s supercomputing data center to train and serve large AI models. The trade secrets contain detailed information about the architecture and functionality of Google’s Tensor Processing Unit (TPU) chips and systems and Google’s Graphics Processing Unit (GPU) systems, the software that allows the chips to communicate and execute tasks, and the software that orchestrates thousands of chips into a supercomputer capable of training and executing cutting-edge AI workloads. The trade secrets also pertain to Google’s custom-designed SmartNIC, a type of network interface card used to enhance Google’s GPU, high performance, and cloud networking products.  

As alleged, Ding circulated a PowerPoint presentation to employees of his technology company citing PRC national policies encouraging the development of the domestic AI industry. He also created a PowerPoint presentation containing an application to a PRC talent program based in Shanghai. The superseding indictment describes how PRC-sponsored talent programs incentivize individuals engaged in research and development outside the PRC to transmit that knowledge and research to the PRC in exchange for salaries, research funds, lab space, or other incentives. Ding’s application for the talent program stated that his company’s product “will help China to have computing power infrastructure capabilities that are on par with the international level.”

If convicted, Ding faces a maximum penalty of 10 years in prison and up to a $250,000 fine for each trade-secret count and 15 years in prison and $5,000,000 fine for each economic-espionage count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Assistant U.S. Attorneys Casey Boome and Molly K. Priedeman for the Northern District of California and Trial Attorneys Stephen Marzen and Yifei Zheng of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

Today’s action was coordinated through the Justice and Commerce Departments’ Disruptive Technology Strike Force. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation-states.

A superseding 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

A Florida man pleaded guilty today in the Southern District of Florida for his role in an insider trading scheme that netted him over $1.6 million in illicit profits.

According to court documents, Stephen George, 54, of Parkland, was a member of the Finance Department at Company A from November 2017 until April 7, 2023, where he held roles including vice president and controller. Company A is a consumer-packaged goods company headquartered in Boca Raton, Florida, that is the maker of a fitness drink and whose securities are publicly traded on the NASDAQ Stock Market. In his role at Company A, George received material non-public information (MNPI) regarding Company A’s profit and revenue performance.

George’s last day of employment at Company A was April 7, 2023. On that day, George used a Company A computer to generate out of Company A’s enterprise resource planning system a consolidated income statement showing Company A’s financial performance for the first quarter of 2023, which George knew contained MNPI. The income statement showed that Company A’s first quarter of 2023 had greatly exceeded expectations. Shortly after generating the income statement, George emailed it to himself using two personal email accounts.

Beginning on April 10, 2023, the first trading day after his last day of employment with Company A, and continuing through May 8, 2023, George purchased Company A securities on the basis of MNPI — specifically, 20,000 shares of Company A common stock and 300 call option contracts. On May 9, 2023, after the market close, Company A publicly reported better-than-expected earnings and sales for the first quarter of 2023, including an all-time quarterly record in revenue. After the public announcement, Company A’s stock price increased significantly. During the next trading day, May 10, 2023, George sold all 20,000 shares of common stock and 300 call option contracts, resulting in over $1.6 million in personal profits.

George pleaded guilty to one count of securities fraud. He is scheduled to be sentenced on April 28 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division; U.S. Attorney Hayden P. O’Byrne for the Southern District of Florida; and Acting Special Agent in Charge Justin E. Fleck of the FBI Miami Field Office made the announcement.

The FBI Miami Field Office investigated the case. The Justice Department appreciates the assistance of the Financial Industry Regulatory Authority’s Criminal Prosecution Assistance Group.

Trial Attorneys Matthew F. Sullivan and Matt Kahn of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Eli S. Rubin and Elizabeth Young for the Southern District of Florida are prosecuting the case. Assistant U.S. Attorney Nicole Grosnoff for the Southern District of Florida is handling asset forfeiture.