Category: US Department of Justice

Source: United States Department of Justice News

            WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against a detective from the Metropolitan Police Department (MPD) and a Special Agent from the Bureau of Alcohol, Tobacco, and Firearms (ATF). On Feb. 2, 2023, a 44-year-old District resident, M.P., died of an overdose after ingesting narcotics. The detective and special agent were the last persons to see the decedent, who died at the MPD Second District Police Station while in the custody of law enforcement.

            The U.S. Attorney’s Office and the MPD Internal Affairs Division conducted a comprehensive review of the incident, which included a review of law enforcement and civilian accounts, cell block security camera footage, body-worn camera footage, physical evidence, recorded radio communications, forensic reports, the autopsy report, and reports from MPD.

            According to the evidence, at about 6:44 a.m. on Feb. 2, M.P. was arrested pursuant to a D.C. Superior Court warrant. M.P. was cooperative during the arrest and transported to the Second District Police Station for processing on the warrant. M.P. was coherent and cooperative and did not appear to be in distress during processing. After being placed in a cell, M.P. covered the cell block camera. After using the toilet, M.P. fell to the floor. The detective and special agent, unaware of the fall, attempted to interview him minutes later but M.P. appeared to be either sleeping or unwilling to speak with them. Later, M.P. was discovered unconscious in his cell. Emergency efforts to save his life were unsuccessful.  An autopsy performed on Feb. 3, 2023, and a subsequent toxicology review, determined that M.P. died as result of the combined effects of ingesting cocaine, fentanyl, fluorofentanyl, and heroin. 

            After a careful, thorough, and independent review of the evidence, federal prosecutors found insufficient evidence to prove beyond a reasonable doubt that the detective and special agent demonstrated deliberate indifference to M.P.’s condition or otherwise willfully violated M.P.’s rights.

Investigations generally

            The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. 

            The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.

Source: United States Department of Justice News

Jury Finds Zeba Bar Owner Paid Off Officials for Five Years

            WASHINGTON – Davoud Jafari, 72, a Washington D.C. nightclub owner, was found guilty today of bribery, conspiracy, and wire-fraud. The offenses arise from a multi-year-scheme in which he bribed former D.C. Tax Official Vincent Slater in order to avoid paying several hundred thousand dollars in business-related taxes. U.S. District Court Judge Reggie B. Walton will sentence Jafari on January 25, 2024.

            The verdict was announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, with the Washington Field Office Criminal and Cyber Division, D.C. Inspector General Daniel W. Lucas, and the D.C.Chief Financial Officer Glen Lee.

            According to the evidence at trial, Jafari owned a company called Gevani, Inc., which in turn owned and operated Zeba Bar and Grill, located in Columbia Heights. Between October 2012 and December 2017, Jafari collected sales and use taxes from Zeba Bar and Grill customers consisting of 10 percent of the cost of food and drinks purchased. Although Jafari was supposed to turn those tax dollars over to the district on a monthly basis, he instead wrote a check to middleman and co-defendant Anthony Merritt for approximately half the amount of taxes due. Merritt cashed the check and shared the proceeds with Slater, the then-manager of the District of Columbia’s Office of Tax Revenue’s (OTR) Adjustment Unit. In exchange, Slater took actions to falsify records for Jafari and to help Jafari’s company evade collection efforts by other OTR officials.

            Merritt pleaded guilty to all charges in the indictment on the first day of trial. On June 7, 2023, a separate jury also convicted Merritt of bribery, conspiracy, and wire fraud for playing a similar role in a different scheme on behalf of businessman Andre De Moya (who was also convicted at trial). Merritt is scheduled to be sentenced in both cases on January 19, 2024. Slater previously pleaded guilty for his role in the Jafari scheme and the De Moya scheme and is awaiting a sentencing date.

            “Today’s verdict, and the investigation that preceded it, demonstrate the U.S. Attorney’s Office’s unwavering commitment to prosecuting and holding accountable individuals who seek to corrupt our local government agencies by bribing the public officials who work within them,” said U.S. Attorney Matthew M. Graves. “The defendants in these cases entered multiyear conspiracies to defraud the District of Columbia and its citizens. We will continue our tireless efforts to confront and eradicate such acts of corruption.”

            “Today’s guilty verdict is a positive step toward bringing Mr. Jafari and his co-conspirators to justice for their scheme to defraud the government and taxpayers of the District of Columbia,” said FBI Special Agent in Charge Jacobs. “The FBI will continue to work aggressively with our partners to enforce public corruption laws.”

            The statutory maximum sentence for conspiracy is five years in prison; for bribery, is 15 years in prison; and for wire fraud, is 20 years in prison. U.S. District Judge Reggie B. Walton will determine the appropriate sentence based on the guideline range and other factors.

            In announcing the verdict, U.S. Attorney Graves commended the work of the agencies who investigated the case, including the FBI’s Washington Field Office and the District of Columbia Office of the Inspector General, with substantial assistance by the District of Columbia Office of the Chief Financial Officer, Office of Integrity and Oversight.  He also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Liliana Villamizar Michon Tart, Amanda Rhode, and Mariela Andrade, and former paralegal specialist Aisha Keys.

            Finally, he acknowledged the work of Assistant United States Attorneys Emily Miller and Timothy Visser, who prosecuted the case at trial, and Assistant United States Attorneys Emily Miller and Molly Gaston, who investigated the case.

Source: United States Department of Justice News

            WASHINGTON – A Pennsylvania man pleaded guilty today to a felony offense related to his conduct 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 2020 presidential election.

            Cameron Edward Hess, 27, of Cleona, Pa., pleaded guilty to the felony offense of obstructing, impeding, or interfering with law enforcement officers during a civil disorder before U.S. District Judge Royce C. Lamberth in the District of Columbia.

            Judge Lamberth scheduled a sentencing hearing for Feb. 26, 2024.

            According to court documents, Hess was identified via closed-circuit television (CCTV) and open-source video as among the crowd of rioters who illegally entered the U.S. Capitol building on Jan. 6, 2021, via the East Rotunda doors. A short time later, police pushed Hess out of the Capitol building. Hess again pushed into the Capitol building at approximately 3:24 p.m. while law enforcement officials attempted to direct the rioters out of the Rotunda door.

            Later, Hess was seen assaulting a police officer to regain access to the Capitol building. Hess had returned to the Rotunda doors as the police were attempting to close the doors and physically engaged with a Metropolitan Police Officer. During the confrontation, Hess attempted to hold the door open as the officer working to close it ordered Hess to stop. The police then successfully pushed Hess out of the Rotunda doors.

            Hess was arrested on March 1, 2023.

            The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            This case is being 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 Middle District of Pennsylvania.

            The case is being investigated by the FBI Philadelphia Field Office’s Capital Area Resident Agency and the Washington Field Office. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 33 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 400 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice News

             WASHINGTON – A Florida man was found guilty in the District of Columbia today of two felony charges for his actions during the Jan. 6, 2021, breach of the U.S. Capitol. 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 2020 presidential election.

            Gilbert Fonticoba, 49, of Hialeah, Fl., was convicted of obstruction of an official proceeding and civil disorder, both felonies, following a stipulated bench trial before U.S. District Judge Timothy J. Kelly. Judge Kelly scheduled a sentencing hearing for Jan. 11, 2024.

             According to the government’s stipulated evidence, Fonticoba – a member of the “Vice City” chapter of the Proud Boys in Miami since 2019 – was among rioters in a mob that illegally entered the Capitol grounds and Capitol building on Jan. 6, 2021. He helped destroy a black metal fence holding back the mob, and interfered with officers who were trying to stop the crowd’s advance because he wanted to stop the certification of the Electoral College vote. Many of his actions were documented on video by fellow members of the Proud Boys.

            On the morning of Jan. 6, 2021, Fonticoba met a group of approximately 100 members of the Proud Boys near the Washington Monument at 10 a.m. As instructed, Fonticoba did not wear any Proud Boys colors, but underneath his black jacket, Fonticoba wore a distinctive t-shirt that read “ENRIQUE TARRIO DID NOTHING WRONG!”

            Shortly after 10 a.m., the group of Proud Boys left the rally and began to march east to the Capitol. Fonticoba remained at or near the front of the marching group with senior Proud Boys leaders. Eventually, the group mustered into a column and surged forward towards a police barricade. Fonticoba was among the first wave of rioters to advance onto the Capitol grounds.

            At approximately 12:54 p.m., after crossing trampled police barricades, Fonticoba walked up the Pennsylvania walkway on the restricted grounds of the Capitol with several co-defendants. Joe Biggs, a leader of the Proud Boys, recorded himself and Fonticoba as they advanced toward the Capitol and formed a stack formation to advance to the front of the mob.

             Fonticoba and the others were stopped at a waist-high black metal fence that had been bolted into the ground. Law enforcement officers had reformed a police line on the other side of the fence. Law enforcement officers commanded the members of the crowd to stop advancing on the Capitol and disperse. Fonticoba helped pull the fence down. Then, defying officers’ commands to disperse, he continued to advance with the mob to the West Plaza.

             As law enforcement struggled to repel the mob, at about 1:21 p.m. Fonticoba and his associates moved from the police line and regrouped on the west lawn. He was among a surge of rioters to move up a flight of concrete stairs. Fonticoba entered the Capitol building with his Proud Boys co-defendants about 2:14 p.m.—less than 90 seconds after the initial breach of the Capitol— through the windows at the Senate Wing Door. Five minutes later, Fonticoba posted on Telegram: “We just stormed the capital [sic].”

             Following the riot, Fonticoba regrouped with senior Proud Boys leaders, including Enrique Tarrio, in a Baltimore hotel room.

             The FBI arrested Fonticoba on Oct. 26, 2021, in Miami.

             The felony obstruction charge carries a statutory maximum of 20 years in prison and potential financial penalties. The Court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

             This case is being 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 Southern District of Florida.

             The case was investigated by the FBI’s Miami and Washington Field Offices. The U.S. Capitol Police and the Metropolitan Police Department provided valuable assistance.

             In the 33 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 400 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

             Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice News

Opened Fire on Innocent Bystanders

            WASHINGTON – Two members of the Wellington Park Crew were sentenced today in connection with the murder of 10-year-old Makiyah Wilson, an innocent bystander gunned down on July 16, 2018, in the courtyard of a Washington, D.C., apartment complex that also left multiple people wounded.

            The sentences were announced by U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith of the Metropolitan Police Department (MPD).

            Isaiah Murchison, 23, was sentenced to 60 years in prison today by D.C. Superior Court Judge Robert Okun after being found guilty on June 13 of first-degree murder while armed, conspiracy to commit a crime of violence, participation in a criminal street gang, multiple counts of assault with intent to kill while armed, and related firearms offenses.

            Marquell Cobbs, 21, was sentenced to 72 months in prison and three years of supervised release today after being found guilty on June 13 of conspiracy to commit a crime of violence. Previously, the jury found Cobbs not guilty of the charges related to the murder of Makiyah Wilson. However, it did find him guilty of his membership in the Wellington Park Crew.

            According to the government’s evidence, on July 16, 2018, Murchison, Gregory Taylor, Qujuan Thomas, and two others drove to the Clay Terrace neighborhood in Northeast Washington, D.C., armed with guns. The four men stepped out of the car and opened fire on the Clay Terrace courtyard, indiscriminately firing more than 50 shots.

            Makiyah Wilson, sitting on the front stoop of her home, was killed. Several other people were wounded. Fellow gang members Quentin Michals and Darrise Jeffers assisted the shooters by obtaining the weapons and vehicle used in the shooting. Despite having watched the defendants preparing for the shooting, no witnesses were willing to provide information regarding the gunmen’s identity. The government presented forensic evidence, statements the defendants made over social media, and motive evidence in presenting its case.

            Judge Okun will sentence the four other defendants on October 20.

            In announcing the sentences, U.S. Attorney Graves and Acting Chief Smith commended the work of the detectives with the Metropolitan Police Department who investigated the case as well as members of the prosecution team. The team included paralegal specialists Sharon Newman and Grazy Rivera and Assistant U.S. Attorneys Richard Barker and Melissa Jackson, along with former Assistant U.S. Attorney John Timmer, who investigated the case. Finally, they thanked Assistant U.S. Attorneys Laura Bach and Lindsey Merikas, who prosecuted the case.