Category: US Department of Justice

Source: United States Department of Justice News

A Kansas man was indicted by a federal grand jury for using guns, death threats and racial slurs to intimidate Black people and interfere with multiple federally-protected rights.

The indictment alleges that, on July 27, 2022, Austin Schoemann, 30, of Wichita, brandished a firearm and used racial slurs in order to threaten two Black juveniles, Victims 1 and 2, while they were entering a QuikTrip gasoline station. In addition to intimidating and interfering with the two young men, Schoemann used his firearm to threaten a Black adult, Victim-3, who intervened in support of the juveniles’ federally-protected right to be free from racial discrimination when visiting a gasoline station. The indictment also charges Schoemann with using a firearm during and in relation to these crimes of violence.

The indictment further alleges that beginning in January 2022 and continuing through August 2022, Schoemann interfered with the federally-protected housing rights of a white woman, Victim-4, by making threats to hurt or kill any Black people who visited her home. The indictment alleges that Schoemann made many of these threats in-person, and that he would stand outside of Victim-4’s house and shout threats and racial slurs on occasions when he believed she had Black visitors in her house or planned to do so. Schoemann is also charged with two violations of using the internet to distribute videos and messages to Victim-4’s family members and others in which he repeatedly threatened to shoot and kill Black people.  

Schoemann faces a maximum penalty of 10 years in prison for the firearms charges, a maximum penalty of five years in prison for distribution of threating messages online and a mandatory minimum of seven years in prison for brandishing a firearm during and in relation to a crime of violence. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Kate E. Brubacher for the District of Kansas and Special Agent in Charge Charles Dayoub of the FBI Kansas City Field Office made the announcement. 

The FBI Kansas City Field Office investigated the case.  

Assistant U.S. Attorney Aaron Smith for the District of Kansas and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section are prosecuting the case. 

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

Source: United States Department of Justice News

A bodybuilding coach was arrested today in Charlottesville, Virginia, for multiple child exploitation offenses. 

According to court documents, between 2013 and April 2020, Elliott Simon Atwell, 33, of Charlottesville, allegedly enticed and coerced at least six minors to engage in sexually explicit conduct in order to produce recordings of the conduct. Atwell also allegedly enticed a minor to engage in criminal sexual activity and possessed images of minors – including prepubescent minors and minors under 12 years of age – who were engaged in sexually explicit conduct. 

Atwell is charged with four counts of sexual exploitation of a minor, one count of enticement of a minor, and one count of possession of child pornography. If convicted, he faces a mandatory minimum sentence of 15 years and up to life in prison.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia, and Special Agent in Charge Stanley M. Meador of the FBI Richmond Field Office made the announcement.

The FBI is investigating the case.

Trial Attorney Jessica L. Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Melanie Smith for the Western District of Virginia are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the 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.

Any individuals who believe they or someone they know may have been victimized by Atwell are encouraged to contact the FBI at 1-800-CALL-FBI.

An 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 News

            WASHINGTON – A Pennsylvania woman was sentenced today in the District of Columbia on felony and misdemeanor charges for her actions during the Jan. 6, 2021, Capitol breach. Her 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.

            Pauline Bauer, 55, of Kane, Pennsylvania, was sentenced to 27 months in prison, 24 months of supervised release and a fine of $2,000 for obstruction of an official proceeding, a felony; entering and remaining in a restricted building; disorderly or disruptive conduct in a restricted building; disorderly and disruptive conduct in any of the Capitol Buildings with the intent to impede, disrupt, and disturb the orderly conduct of a session of Congress or either House of Congress; parading, demonstrating, and picketing in a Capitol Building. Bauer was convicted on January 24, 2023, following a trial before U.S. District Judge Trevor N. McFadden.

            According to the government’s evidence, Bauer was among rioters in a mob that illegally entered the Capitol grounds and Capitol Building on Jan. 6, 2021.  At approximately 2:57 p.m., one of the body-camera videos recorded another individual saying words to the effect of “This is where we find Nancy Pelosi.” Bauer was standing approximately 30 feet from the House Speaker’s office when she was recorded saying “Bring that fucking bitch out here now. Bring her out. Bring her out here. We’re coming in if you don’t bring her out here.”  When an MPD officer tried to push Bauer away from the area he was protecting, she engaged in a confrontation, screaming expletives at the officer, saying “You back up. Don’t even try.” and pushing the officer. A short time later, Bauer was physically removed from the Rotunda by MPD officers in riot gear.

            Bauer was arrested on May 19, 2021, in Pennsylvania.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Western District of Pennsylvania and the Department of Justice’s Criminal Division.

            The case was investigated by the FBI’s Pittsburgh Field Office. Valuable assistance was provided by the FBI’s Washington Field Office, the U.S. Capitol Police, and the Metropolitan Police Department.

            In the 28 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 over 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.

Source: United States Department of Justice News

A federal court in the Southern District of New York today unsealed a complaint charging two individuals with acting and conspiring to act in the United States as unregistered agents of the People’s Republic of China (PRC), conspiring to bribe and bribing a public official, and conspiracy to commit money laundering.

According to the complaint, John Chen, aka Chen Jun, 70, a Los Angeles resident and former citizen of the PRC, and Lin Feng, a Los Angeles resident and PRC citizen, allegedly participated in a PRC Government-directed scheme targeting U.S.-based practitioners of Falun Gong — a spiritual practice banned in the PRC. Chen and Feng were arrested today in the Central District of California.

“The Chinese government has yet again attempted, and failed, to target critics of the PRC here in the United States,” said Attorney General Merrick B. Garland. “We allege the defendants in this case attempted to bribe someone they thought was an IRS agent in order to further the Chinese government’s campaign of transnational repression in the United States. But the individual they attempted to bribe was in fact an undercover law enforcement agent, and both defendants were arrested this morning. The Justice Department will continue to investigate, disrupt, and prosecute efforts by the PRC government to silence its critics and extend the reaches of its regime onto U.S. soil. We will never stop working to defend the rights to which every person in the United States is entitled.”

“The Department of Justice continues to expose the Chinese government’s brazen attempts to perpetrate transnational repression, this time through attempted bribery,” said Deputy Attorney General Lisa O. Monaco. “As highlighted by today’s arrests and charges of conspiracy, bribery, and money laundering, we will not tolerate efforts by the PRC or any foreign government to intimidate, harass, or undermine the rights and freedoms enjoyed by all who live in the United States.”

“China’s government has once again shown its disregard for the rule of law and international norms,” said FBI Director Christopher Wray. “The FBI will not tolerate CCP repression — its efforts to threaten, harass, and intimidate people — here in the United States. We will continue to confront the Chinese government’s efforts to violate our laws and repress the rights and freedoms of people in our country.”“No other nation poses as severe a threat to the democratic values of the United States as the government of the People’s Republic of China,” said FBI Deputy Director Paul Abbate. “The FBI will not stand by as the PRC attempts to weaponize our institutions and programs and attack the rights of those on U.S. soil. Any attempt to repress or harass individuals runs directly counter to the ideals our nation was founded upon, and it simply will not be tolerated. The FBI and our partners remain committed to confronting the illegal conduct of the PRC government that threatens our national security and freedom.”

“John Chen and Lin Feng allegedly waged a campaign at the behest of the Government of the People’s Republic of China to influence a U.S. Government official in order to further the PRC Government’s repression of practitioners of Falun Gong,” said U.S. Attorney Damian Williams for the Southern District of New York. “Efforts to manipulate and use the arms of the U.S. Government to carry out the PRC Government’s autocratic aims are as shocking as they are insidious. My office will work vigorously to protect against malign foreign influences.”

The complaint alleges that from at least approximately January 2023 to May 2023, Chen and Feng worked inside the United States at the direction of the PRC government, including an identified PRC government official (PRC Official-1), to further the PRC government’s campaign to repress and harass Falun Gong practitioners. The PRC Government has designated the Falun Gong as one of the “five poisons,” or one of the top five threats to its rule. In China, Falun Gong adherents face a range of repressive and punitive measures from the PRC government, including imprisonment and torture.                 

As part of the PRC government’s campaign against the Falun Gong, Chen and Feng allegedly engaged in a PRC government-directed scheme to manipulate the IRS’s Whistleblower Program in an effort to strip the tax-exempt status of an entity run and maintained by Falun Gong practitioners (Entity-1). After Chen filed a defective whistleblower complaint with the IRS (the Chen Whistleblower Complaint), Chen and Feng paid $5,000 in cash bribes, and promised to pay substantially more, to a purported IRS agent who was in fact an undercover officer (Agent-1), in exchange for Agent-1’s assistance in advancing the complaint. Neither Chen nor Feng notified the Attorney General that they were acting as agents of the PRC government in the United States.

In the course of the scheme, Chen, on a recorded call, explicitly noted that the purpose of paying these bribes, which were directed and funded by the PRC government, was to carry out the PRC government’s aim of “toppl[ing] . . . the Falun Gong.” During a call intercepted pursuant to a judicially authorized wiretap, Chen and Feng discussed receiving “direction” on the bribery scheme from PRC Official-1, deleting instructions received from PRC Official-1 in order to evade detection, and “alert[ing]” and “sound[ing] the alarm” to PRC Official-1 if Chen and Feng’s meetings to bribe Agent-1 did not go as planned. Chen and Feng also discussed that PRC Official-1 was the PRC Government official “in charge” of the bribery scheme targeting the Falun Gong.

As part of this scheme, Chen and Feng allegedly met with Agent-1 in Newburgh, New York, on May 14.  During the meeting, Chen gave Agent-1 a $1,000 cash bribe as an initial, partial bribe payment. Chen further offered to pay Agent-1 a total of $50,000 for opening an audit of Entity-1, as well as 60% of any whistleblower award from the IRS if the Chen Whistleblower Complaint were successful. On May 18, Feng paid Agent-1 a $4,000 cash bribe at John F. Kennedy International Airport as an additional partial bribe payment in furtherance of the scheme. Chen allegedly obtained funding from the PRC government to make bribe payments during his trips to the PRC in the course of the scheme.

Chen and Feng are each charged with (1) one count of conspiring to act as an agent of a foreign government without notifying the Attorney General and to bribe a public official, which carries a maximum sentence of five years in prison; (2) one count of acting as an agent of a foreign government without notifying the Attorney General, which carries a maximum sentence of 10 years in prison; (3) one count of bribing a public official, which carries a maximum sentence of five years in prison; and (4) one count of conspiring to commit international money laundering, which carries a maximum sentence of 20 years in prison.

The FBI New York and Los Angeles Field Offices and Counterintelligence Division are investigating the case with valuable assistance provided by the Treasury Inspector General for Tax Administration (TIGTA).

Assistant U.S. Attorneys Shiva H. Logarajah, Qais Ghafary, Michael D. Lockard, and Kathryn Wheelock for the Southern District of New York and Trial Attorney Christina A. Clark of the Counterintelligence and Export Control Section are prosecuting the case.

The charges in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Source: United States Department of Justice News

Two members of the Oath Keepers were sentenced today on felony and misdemeanor charges for crimes related to the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

Kenneth Harrelson, 42, of Titusville, Florida, was sentenced to four years in prison followed by two years of supervised release for obstruction of an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents or proceedings.

Jessica Watkins, 40, of Woodstock, Ohio, was sentenced to eight and a half years in prison followed by three years of supervised release for conspiracy to obstruct an official proceeding, obstruction of an official proceeding, interfering with law enforcement officers during a civil disorder, and conspiracy to prevent an officer from discharging duties. Both defendants were found guilty at trial in November 2022, along with co-defendants Elmer Stewart Rhodes and Kelly Meggs, who were sentenced earlier this week. Co-defendant Thomas Caldwell is awaiting sentencing. Co-conspirators Roberto Minuta, Edward Vallejo, Joseph Hackett, and David Moerschel — who were all found guilty at trial in January 2023 — are scheduled to be sentenced next week on June 1 and 2.

According to the government’s evidence, beginning in late December 2020, via encrypted and private communications applications, Harrelson, Watkins, Rhodes, Meggs, Caldwell, and others coordinated and planned to travel to Washington, D.C., on or around Jan. 6, 2021, the date of the certification of the electoral college vote. The defendants also, collectively, employed a variety of manners and means, including: organizing into teams that were prepared and willing to use force and to transport firearms and ammunition into Washington, D.C.; recruiting members and affiliates; organizing trainings to teach and learn paramilitary combat tactics; bringing and contributing paramilitary gear, weapons, and supplies – including knives, batons, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection, and radio equipment – to the Capitol grounds; breaching and attempting to take control of the Capitol grounds and building on Jan. 6, 2021, in an effort to prevent, hinder and delay the certification of the electoral college vote; using force against law enforcement officers while inside the Capitol on Jan. 6, 2021; continuing to plot, after Jan. 6, 2021, to oppose by force the lawful transfer of presidential power, and using websites, social media, text messaging and encrypted messaging applications to communicate with each other and others.

On Jan. 6, 2021, a large crowd began to gather outside the Capitol perimeter as the Joint Session of Congress got under way at 1 p.m. Crowd members eventually forced their way through, up, and over U.S. Capitol Police barricades and advanced to the building’s exterior façade. Shortly after 2 p.m., crowd members forced entry into the Capitol by breaking windows, ramming open doors, and assaulting Capitol police and other law enforcement officers. At about this time, according to the government’s evidence, Rhodes entered the restricted area of the Capitol grounds and directed his followers to meet him at the Capitol.

At approximately 2:30 p.m., according to the government’s evidence, Meggs, Harrelson, and Watkins, along with other Oath Keepers and affiliates – many wearing paramilitary clothing and patches with the Oath Keepers name, logo, and insignia – marched in a “stack” formation up the east steps of the Capitol, joined a mob, and made their way into the Capitol. Rhodes and Caldwell remained outside the Capitol, where they coordinated activities.

While certain Oath Keepers members and affiliates breached the Capitol grounds and building, others remained stationed just outside of the city in quick reaction force (QRF) teams. According to the government’s evidence, the QRF teams were prepared to rapidly transport firearms and other weapons into Washington, D.C., in support of operations aimed at using force to stop the lawful transfer of presidential power.

Harrelson was arrested on March 10, 2021, in Florida. Watkins was arrested on Jan. 18, 2021, in Ohio.

The U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security and Criminal Divisions are prosecuting the case. Valuable assistance was provided by numerous U.S. Attorney’s Offices throughout the country.

The FBI Washington Field Office investigated the case with valuable assistance provided by numerous FBI offices throughout the country, including the Dallas, Cincinnati, Tampa, Jacksonville, and Richmond Field Offices.

In the 28 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.