First Defendant Charged With Violating Anti-Doping Act Pleads Guilty In Manhattan Federal Court

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant ERIC LIRA pled guilty today for his role in providing banned performance-enhancing drugs (“PEDs”) to Olympic athletes in advance of the 2020 Olympic Games held in Tokyo in the summer of 2021.  LIRA is the first defendant to be charged under the Rodchenkov Anti-Doping Act, signed into law on December 4, 2020, which proscribes doping schemes for the purpose of influencing international sports competitions, including the Olympic Games.  LIRA pled guilty before U.S. Magistrate Judge Valerie Figueredo.

U.S. Attorney Damian Williams said: “This conviction is a watershed moment for international sport.  Lira provided banned performance-enhancing substances to Olympic athletes who wanted to corruptly gain a competitive edge.  Such craven efforts to undermine the integrity of sport subverts the purpose of the Olympic games: to showcase athletic excellence through a level playing field.  Lira’s efforts to pervert that goal will not go unpunished.”

According to the allegations contained in the Complaint, the Indictment, other filings in this case, and statements during court proceedings:

The charges in this case arise from an investigation of a scheme to provide Olympic athletes with PEDs, including drugs widely banned throughout competitive sports, such as human growth hormone and the “blood building” drug erythropoietin, in advance of and for the purpose of corrupting the 2020 Olympic Games, which convened in Tokyo in the summer of 2021.  LIRA, who claims to be a “kinesiologist and naturopathic” doctor operating principally in and around El Paso, Texas, obtained unapproved versions of these, and other, prescription drugs from sources in Central and South America before bringing those drugs into the United States and distributing them to, among others, the two athletes referred to in the Indictment.  Throughout the scheme, LIRA and an athlete competing for Nigeria communicated via encrypted electronic communications regarding the sale, shipment, and use of LIRA’s illegal drugs and specifically discussed the “testability” of those drugs by anti-doping authorities.  LIRA separately communicated with an athlete competing for Switzerland, also via encrypted electronic communications, discussing the use of human growth hormone and erythropoietin.  Both athletes tested positive for prohibited substances, and in both cases, LIRA directly and indirectly advised that the athletes should blame the positive drug test on contaminated meat, knowing full well that the drug tests had accurately detected the presence of banned, performance-enhancing drugs.

LIRA is the first defendant charged and convicted pursuant to the recently enacted Rodchenkov Act.  On December 4, 2020, the Rodchenkov Act was signed into law, Pub. L. 116-206, and incorporated into Title 21 of the United States Code at sections 2401 through 2404.  The Rodchenkov Act prohibits any person, other than an athlete, to knowingly carry into effect, attempt to carry into effect, or conspire with any other person to carry into effect a scheme in commerce to influence by use of a prohibited substance or prohibited method any major international sports competition. 21 U.S.C. § 2402.

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LIRA, 43, of El Paso, Texas, pled guilty to violating the Rodchenkov Act, which carries a maximum potential sentence of 10 years in prison.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation (“FBI”) and the FBI’s Integrity in Sports and Gaming Initiative.  Mr. Williams also thanked the United States Anti-Doping Agency for their support of this investigation.

This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit.  Assistant U.S. Attorneys Sarah Mortazavi and Benjamin Gianforti are in charge of the prosecution.

The U.S. Attorney’s Office in the District of New Hampshire Receives a Superior Performance Award in Washington

Source: United States Department of Justice News

CONCORD – Philip A. DeVincent, the Administrative Officer at the U.S. Attorney’s Office, was honored in Washington D.C. with a Director’s Award for his service to the District of New Hampshire, U.S. Attorney Jane E. Young announces.

“Phil DeVincent was the standard-bearer for office administration during an unprecedented period in our nation,” said U.S. Attorney Jane E. Young. “His leadership skills and creative thinking ensured that the daily operations of the office continued during the pandemic, so that the people of the District of New Hampshire had the highest level of performance and response from the United States Attorney’s Office.”

Mr. DeVincent received the Superior Performance in Administration award for his exceptional leadership in managing staff and for providing excellent customer service through the COVID-19 pandemic. Mr. DeVincent enabled the U.S. Attorney’s Office to continue to function at the highest level during the pandemic. Among other efforts, Mr. DeVincent facilitated remote work to keep federal prosecutors and support staff healthy and developed a system to test out-of-state witnesses for COVID before their court appearances. Mr. DeVincent’s administrative skills served as a model for all federal employees.

The ceremony took place on Wednesday, May 3, 2023, in the Great Hall of the U.S. Department of Justice, and was attended by the Attorney General Merrick Garland, Deputy Attorney General Lisa M. Monaco, U.S. Attorney Jane E. Young, and other U.S. Attorneys from across the country.

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Virginia Man Sentenced on Felony and Misdemeanor Charges For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A Virginia man was sentenced today in the District of Columbia on felony and misdemeanor charges for his actions during the Jan. 6, 2021, Capitol breach. 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.

            Hatchet Speed, 42, of Vienna, Virginia, was sentenced to 48 months in prison for obstruction of an official proceeding, entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building. Speed was found guilty on March 21, 2023. In addition to the prison term, U.S. District Court Judge Trevor N. McFadden ordered 36 months of supervised release and a fine of $10,000 and restitution of $2,000.  

            According to court documents, on  Jan. 6, 2021, Speed drove to Washington, D.C., from his residence in Virginia. Over text, he had touted his residence as a “Suburban Environment, but close enough to the city for those days when I just wanna be part of a riot.” After attending the “Stop the Steal” rally at the Ellipse, Speed traveled to the U.S. Capitol, where he observed toppled fencing as he entered Capitol Grounds. He arrived at the West Plaza, near the Lower West Terrace, by approximately 1:30 p.m. Speed then climbed the stairs and reached the Northwest Courtyard. At the Northwest Courtyard, he saw a rioter use a large crowbar to break into an emergency exit door near the Senate Parliamentarian’s Office.  Speed also learned that Vice President Mike Pence had “validated” certain ballots he considered “invalid.” To Speed, Pence’s act was a betrayal. No longer content to stay outside, he said, “I was like, ‘I’m going in there. Like I have no respect for people in this building. They have no respect for me. I have no respect for them.’” Speed stated, “[S]o we all went in and we took control. Like, when you have that many thousands of people, like there’s nothing the cops can do…it’s impressive.”

            Speed was arrested on June 22, 2022, in Virginia.

            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 Eastern District of Virginia.

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

            In the 28 months since Jan. 6, 2021, nearly 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.

Foreign National Extradited to the United States for Kidnapping and Assaulting U.S. Army Soldiers in Colombia

Source: United States Department of Justice News

A Colombian national has been extradited from Colombia to the United States to face charges related to kidnapping and assaulting two U.S. Army soldiers who were on temporary duty in Bogota, Colombia.

Jeffersson Arango Castellanos made his initial court appearance today in the U.S. District Court for the Southern District of Florida. 

According to court documents, Arango and his co-conspirators targeted, incapacitated, and kidnapped two U.S. soldiers in Bogota. The two victims were in an entertainment district in Bogota watching a sporting event on the evening of March 5, 2020. While at a pub in Bogota, the two victims lost consciousness until the following day, by which point they had been separated. Medical examinations later confirmed the presence of benzodiazepines in their systems. The defendants are alleged to have targeted the two victims at the pub, incapacitated them with drugs, and kidnapped them to acquire the victims’ valuables and credit and debit card information.

Arango and his co-conspirators are each charged with kidnapping an internationally protected person, conspiracy to kidnap an internationally protected person, assaulting an internationally protected person, and conspiracy to assault an internationally protected person. If convicted, they each face a maximum penalty of life in prison.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Markenzy Lapointe for the Southern District of Florida, and Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office made the announcement.

The Justice Department’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché Office in Bogota, and the U.S. Marshals Service provided significant assistance in securing the arrest and extradition of the defendant. The United States also thanks Colombian law enforcement authorities for their valuable assistance.

Trial Attorneys Clayton O’Connor and Elizabeth Nielson of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dayron Silverio for the Southern District of Florida are prosecuting the case.

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

Justice Department Strengthens Efforts to Address the Crisis of Missing or Murdered Indigenous Persons

Source: United States Department of Justice News

OKLAHOMA CITY – The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2023 as National Missing or Murdered Indigenous Persons Awareness Day.  Responding to the unacceptable levels of violence that have led to the crisis of Missing or Murdered Indigenous Persons (MMIP) is a priority of the Department of Justice every day.

The department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms.  One year ago today, Deputy Attorney General Lisa Monaco joined Secretary of the Interior Deb Haaland to launch the Not Invisible Act Commission, a joint Commission established by the Not Invisible Act with an essential mission—to reduce violence against American Indians and Alaska Natives.  In February, they welcomed the first in-person plenary meeting of the Not Invisible Act Commission.  Since then, the department’s representatives on the commission—who are department leaders and subject matter experts—have participated in the Commission’s field hearings, which will continue through the summer.  Later this year, the Commission will deliver recommendations for addressing the MMIP crisis to the Attorney General and the Secretary.  In addition to supporting the Not Invisible Act Commission, the department remains steadfast in its commitment to addressing the MMIP crisis.

“The Justice Department is marshalling the full strength of its resources to confront the crisis of Missing or Murdered Indigenous Persons, which has devastated the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland.  “Addressing this crisis requires a whole-of-government approach, and we are grateful for the partnership of Tribal and other law enforcement agencies across the nation that are working alongside the Justice Department to help reduce crime and support victims in American Indian and Alaska Native communities.”

“Missing or Murdered Indigenous Persons Awareness Day calls on our nation to pause and honor the loved ones who have gone missing or who have been the victims of violent crime,” said Deputy Attorney General Lisa O. Monaco.  “Acknowledging the many American Indian and Alaska Native people who have suffered, and continue to suffer, from the pain of a missing loved one or of violent crime serves as an important reminder of the urgency and importance of the department’s work to respond to the crisis of missing or murdered indigenous persons.  The Justice Department—including our dedicated agents, analysts, and prosecutors—remains steadfast in our pledge to work as partners with Tribal governments in preventing and responding to the violence that has disproportionately harmed Tribal communities.”   

“The Justice Department is committed to using every resource at its disposal to combat the Missing or Murdered Indigenous Persons Crisis,” said Associate Attorney General Vanita Gupta.  “In addition to our core law-enforcement work, we are providing grant funding and guidance to help Tribes develop response plans for missing-persons cases, partner effectively with local law enforcement, and provide resources for victims of crime.”

“Crime in Indian Country, particularly when it involves violent crime, domestic violence, kidnapping, abduction, or murder, is best addressed with swift and effective action through a coordinated law enforcement response,” said United States Attorney Robert J. Troester from the Western District of Oklahoma. “These cases and investigations are a priority for my Office, and we remain committed to work with our local, state, Tribal and federal law enforcement partners agencies to resolve jurisdictional complexities and coordinate efforts so that criminal offenders are held accountable, and victims receive justice.”

Department Prioritization of MMIP Cases

In July 2022, Deputy Attorney General Monaco issued a memorandum reiterating that it is a priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates of indigenous persons reported missing.  The memorandum directed each United States Attorney with Indian country jurisdiction — along with their law enforcement partners at DOJ — to update and develop new plans for addressing public safety in Indian country.

With respect to missing Indigenous persons, just a few weeks ago the U.S. Attorney’s Office for the Western District of Oklahoma (USAO-WDOK) issued MMIP Investigative Guidelines, pursuant to Savanna’s Act, which will serve as a roadmap for handling these cases.  The USAO-WDOK also created a new position of Senior Counsel for Tribal Relations and selected Arvo Q. Mikkanen, an experienced Assistant U.S. Attorney with extensive experience prosecuting cases arising in Indian country, to serve in this role.  The creation of this position further heightens the USAO-WDOK’s commitment to criminal justice issues, particularly those affecting the 21 tribes with lands located in the Western District of Oklahoma.

The USAO-WDOK will also work more closely with Tribal justice partners following the passage of the Violence Against Women Act Reauthorization Act in 2022.  As a result of that law’s passage, Tribal justice systems are now able, with expanded special criminal jurisdiction, to prosecute non-Indian perpetrators of sexual assault, child abuse, stalking, sex trafficking, and assaults on Tribal law enforcement officers, unlike before.  Further, the USAO-WDOK has a Special Assistant U.S. Attorney—who is dually appointed as a prosecutor with the Chickasaw Nation—embedded in its office to further streamline its response and enhance coordination.

Recently, the Oklahoma State Bureau of Investigation, the Office of the Chief Medical Examiner, the Bureau of Indian Affairs, and the USAO-WDOK, along with various other state agencies participated in the “Missing in Oklahoma 2023” event on Saturday, April 22, 2023, at the University of Central Oklahoma Forensic Science Institute in Edmond.  Many families and friends of missing persons attended the event providing DNA and reporting additional information to be added to NamUs.  Next year, the Missing in Oklahoma event will be held on April 27, 2024, at the same location.

Publication of Updated Attorney General Guidelines for Victim and Witness Assistance

In October 2022, Attorney General Merrick B. Garland issued revised Attorney General Guidelines for Victim and Witness Assistance.  The revised guidelines, which were updated for the first time in a decade, address when and how department employees work with victims and witnesses of crime to ensure that their voices are heard and that they are protected during criminal justice proceedings. For the first time the guidelines include cultural and linguistic considerations for victims from American Indian and Alaska Native communities.

National Native American Outreach Services Liaison

Last year, the department announced the creation of a new National Native American Outreach Services Liaison.  Since that announcement, the Liaison has begun to help amplify the voice of crime victims in Indian country and their families across the department as they navigate the federal criminal justice system. In the coming months, the Liaison will meet with survivors and family members of MMIP to learn more about the current challenges in MMIP cases and to make recommendations about the department’s continued response.

Federal Law Enforcement Strategy to Prevent and Respond to the MMIP Crisis

In July 2022, the Department of Justice and the Department of the Interior submitted a report pursuant to Sections 2 and 4(a) of Executive Order 14053, which called for “coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the federal government has jurisdiction.”  The report was published late last year and is available on the department website here.

Guide for Tribal Community Response Plans for Missing Persons Cases

In December 2022, the department published a Guide to Developing a Tribal Community Response Plan for Missing Persons Cases.  This Guide is a resource for Tribes interested in developing a plan to respond to missing person cases that is tailored to the specific needs, resources, and culture of Tribal communities.

Launch of the COPS Office Tribal MOU/MOA Resource Library

On Monday of this week, the department’s Office of Community Oriented Policing Services (COPS) published its Tribal Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) Sample Resource Library.  This library provides users with the resources to research and successfully draft agreements that will help agencies develop and solidify partnerships to address missing or murdered Indigenous persons cases.

Expanded Scope of the Tribal Victim Services Set-Aside Grant Program

The department’s Office for Victims of Crime (OVC) expanded the scope of allowable activities under its Tribal Victim Services Set-Aside (TVSSA) grant program to permit Tribal communities to pay for costs related to generating awareness of individual missing persons cases involving American Indians and Alaska Native persons, supporting private search efforts for missing American Indians and Alaska Native persons in certain circumstances, and supporting efforts to coordinate the Tribal, state, and federal response to MMIP cases.

Government-to-Government Tribal Consultation on Violence Against Women

In September 2022, the department’s Office of Violence Against Women (OVW) held the 17th Annual OVW Government-to Government Tribal Consultation on Violence Against Women in Anchorage, Alaska.  OVW is responsible for conducting annual government-to-government consultations with the leaders of all Federally recognized Indian Tribal governments on behalf of the Attorney General.  The 2022 Tribal consultation report is available here.

National Institute of Justice Study of MMIP Cases in New Mexico

Last year, the department’s National Institute of Justice (NIJ) funded a study that will provide vital information regarding the prevalence and context of cases of MMIP in New Mexico and, importantly, will inform long-term data collection, analysis, and reporting strategies on MMIP cases.  These improvements will support data-driven decision-making regarding MMIP in New Mexico moving forward.

Additional Department of Justice Resources

For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.

Click here for more information about reporting or identifying missing persons.