Two Utah Men Charged with Federal Hate Crime Offense

Source: United States Department of Justice News

Two Utah men were charged with a federal hate crime April 26 following the return of an indictment by a federal grand jury in Salt Lake City, Utah.

According to the indictment, Nathan Thomas, 22, and Sebastian West, 22, both of Payson, allegedly assaulted a person identified by the initials D.J. because of D.J.’s actual and perceived race.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Trina A. Higgins for the District of Utah and Acting Special Agent in Charge Cheyvoryea Gibson of the FBI Salt Lake City Field Office made the announcement.

The FBI Salt Lake City Field Office is investigating the case.

Assistant U.S. Attorneys Drew Yeates and Andrea Martinez for the District of Utah and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.

Michigan Man Sentenced for Felony Charge For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A Michigan man was sentenced today for interfering with law enforcement officers during a civil disorder related to 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.

            Luke Michael Lints, 29, of Traverse City, Michigan, was ordered by U.S. District Court Judge Trevor N. McFadden to four months in prison, followed by 36 months of supervised release, the first four of which will be on home detention and a fine/restitution of $2,000.

            According to court documents, on Jan. 6, 2021, Lints watched speeches at the rally near the ellipse and then walked to the Capitol. Lints then became part of a large group of rioters who attempted to violently push their way past law enforcement officers guarding the Lower West Terrace tunnel of the Capitol. At approximately 3:10 p.m., Lints entered the tunnel on the Lower West Terrance and made his way toward the front of the police line. Lints was observed at the front of the line of rioters who were engaged in an assault against the police. Lints obtained a police riot shield and used it to push back against a law enforcement officer who was also holding a shield. Lints used his shield to prevent an officer from closing a door to create a barrier between the rioters and law enforcement. At one point, the group of rioters, including Lints, began chanting “heave! ho!” in unison as they moved back and forth together against the team of police. Lints admits and agrees that he obstructed, impeded, or interfered with law enforcement officers lawfully engaged in the lawful performance of their official duties incident to and during the commission of a civil disorder which adversely affected commerce and the performance of a federally protected function.

            Lints was arrested on June 30, 2022, in Traverse City, Michigan.

            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 Western District of Michigan.

            The case was investigated by the FBI’s Detroit Field Office and Washington Field Office, which identified Lints as #261 in its seeking information photos.  Valuable assistance was provided by the Metropolitan Police Department, the U.S. Capitol Police, and the Traverse City, MI 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 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.

North Carolina Man and New York Woman Charged with Conspiracy and Damaging National Gallery of Art Exhibit

Source: United States Department of Justice News

            WASHINGTON – Timothy Martin of North Carolina, and Joanna Smith of New York, both 53, were taken into custody today following an indictment charging conspiracy to commit an offense against the United States and injury to a National Gallery of Art exhibit. Martin self-surrendered this morning in Raleigh, North Carolina; Smith self-surrendered this morning in Washington, D.C.

            According to the indictment, unsealed today, Martin and Smith smeared paint on the case and base of Edgar Degas’ Little Dancer, Age Fourteen, a priceless work of art which has drawn visitors for years to the National Gallery of Art in Washington, D.C. Following the attack, a group called Declare Emergency claimed credit. Over the last year, in addition to this offense, Declare Emergency has blocked roadways around the Washington, D.C. area.

            The indictment further alleges that Martin and Smith agreed, along with other currently uncharged co-conspirators, to enter the National Gallery of Art for the purpose of injuring the exhibit. Martin and Smith entered the National Gallery of Art armed with plastic water bottles filled with paint.  Martin and Smith handed their phones to other conspirators and waited until patrons cleared the area in front of the Little Dancer. Martin and Smith proceeded to smear paint on the case and base of the exhibit, at times smacking the case with force. Prior to the attack, members of the conspiracy had alerted the Washington Post, and two reporters from the Post recorded and photographed the offense. Additionally, other members of the conspiracy filmed and photographed the offense. Smith and Martin caused approximately $2,400 in damage and the exhibit was removed from public display for ten days so that it could be repaired.

            Each charge carries a statutory maximum sentence of five years in prison and a fine of up to $250,000. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            The case is being investigated by the FBI’s Washington Field Office, specifically the FBI’s Art Crime Team, with assistance from National Gallery of Art Police, and U.S. Park Police. The case is being prosecuted by Assistant U.S. Attorney Cameron A. Tepfer of the U.S. Attorney’s Office for the District of Columbia.

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

Kentucky Militia Member Charged with Felony and Misdemeanors For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON — A Kentucky man has been arrested on felony and misdemeanor charges for his actions 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 presidential election.

            Daniel Edwin Wilson, 47, of Louisville, Kentucky is charged in a criminal complaint filed in the District of Columbia with obstruction, a felony, and four misdemeanors including:  knowingly entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct on Capitol grounds, and parading, demonstrating or picketing on Capitol grounds. He was arrested today in Louisville, KY and is expected to make his initial appearance later today in the Western District of Kentucky.

            According to court documents, Wilson began planning, in the winter of 2020, to obstruct and interfere with the joint session of Congress at the Capitol on Jan. 6, 2021, to certify the electoral college vote. On Dec. 22, 2020, Wilson—who in a Telegram chat group went by the moniker “Live Wire”—responded to a discussion regarding traveling to Washington, D.C. for Jan. 6, 2021 by writing, “Ooh Rah. Curb stomp crew all in!!!” Later that same day, Wilson wrote, “We are willing to work and coordinate with others but I am a gray ghost ranger,” referring to Wilson’s affiliation with a particular militia.  Wilson also discussed bringing firearms to Washington, D.C. for Jan. 6, 2021, but he ultimately wrote, on Dec. 24, 2020, “In my opinion I don’t think it’s time to gun up for the sixth we have to play this out but if they seat biden on the 20th all bets are off it’s gonna happen even if Trump wins we have to get this government under control it’s been crossing my mind if we go to a Civil War do we try to take Washington DC first or do we try to take state capitals first.”  On Dec. 27, 2020, Wilson wrote, “I am ready to lay my life on the line. It is time for good men to do bad things.”

            On Jan. 6, 2021, Wilson was captured in open-source and U.S. Capitol CCTV footage at the U.S. Capitol, wearing a pair of blue jeans, tan boots, and a blue hooded sweatshirt, carrying a red backpack and an olive-green fabric pouch, and at times, wearing a gas mask. A review of the U.S Capitol’s CCTV footage revealed that, at approximately 2:37 PM, Wilson entered the U.S. Capitol building through the Upper West Terrace Door. After entering the building, Wilson walked into the Rotunda, where he remained for several minutes. From the Rotunda, Wilson walked through Statuary Hall. He then returned to the Rotunda and ultimately exited through the East Rotunda Doors at approximately 2:49 PM.

            In an interview with FBI agents on March 9, 2021, Wilson repeatedly denied being inside the Capitol building. A search warrant was obtained and, on June 3, 2022, during the execution of the warrant, law enforcement seized six firearms from Wilson’s residence, which were stored in a backpack and inside a cabinet in his residence, covered by clothing. Wilson was prohibited from possessing firearms at the time, due to previous felony convictions. At least two of the seized firearms were loaded at the time of seizure, and another two did not have serial numbers.

            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 Western District of Kentucky.

            The case is being investigated by the FBI’s Louisville and Washington Field Offices. Valuable assistance was provided by 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 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.

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Florida Mortgage Loan Officer Pleads Guilty to Tax Evasion

Source: United States Department of Justice News

A Florida man pleaded guilty today to evading his federal income taxes.

According to court documents and statements made in court, between 2015 and 2018, Jeffrey Donaldson of Orlando worked as a loan officer for two mortgage companies and made over $750,000 in wages. He submitted to each of his employers false employee withholding certificates (Forms W-4) claiming that he was exempt from any federal income tax withholding. During that same period, Donaldson willfully did not file personal tax returns even though he earned enough income requiring him to do so. As a result, Donaldson caused a tax loss to the IRS of over $150,000.

Donaldson will be sentenced at a later date and faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Roger B. Handberg for the Middle District of Florida and Special Agent in Charge Brian Payne of IRS-Criminal Investigation Tampa Field Office made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Isaiah Boyd and Brian Flanagan of the Justice Department’s Tax Division and Assistant U.S. Attorney Terry Livanos for the Middle District of Florida are prosecuting the case.