Category: US Department of Justice

Source: United States Department of Justice News

            WASHINGTON – A Tennessee man was found guilty in the District of Columbia today of 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.

            Joseph “Jose” Lino Padilla, 42, of Cleveland, Tennessee, was found guilty of 10 charges, including eight felony counts and two misdemeanors, following a bench trial before U.S. District Judge John D. Bates, who scheduled sentencing for September 13, 2023. Padilla was charged with two counts of civil disorder; and one count each of assaulting, impeding, or resisting officers; assaulting, resisting, or impeding certain officers with a dangerous weapon; obstruction of an official proceeding; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; and engaging in physical violence in a restricted building or grounds with a dangerous weapon. He was also convicted of two misdemeanors: disorderly conduct in the Capitol grounds or buildings and an act of physical violence in the Capitol grounds or buildings.

            According to evidence presented in court, Padilla traveled from his Tennessee home to D.C. in response to former President Trump’s December 19, 2020, tweet to “Be there [on January 6th], will be wild!” After reaching the Capitol grounds, Padilla repeatedly pushed against the bike racks on the Lower West Terrace, forced his way into the Tunnel, and threw a flag pole into the Tunnel, striking an officer in the helmet. During the riot, Padilla messaged a family member, “I’ve been beaten. Sprayed and [tased]. Resting before I go in for more,” “Were pushing the door. Had to take a break,” and “It’s not a rally anymore it’s a revolution.”  After the riot, Padilla posted on social media, “[T]he Declaration of Independence, one of our founding documents, specifically gave me the right to do what I did. ‘… it is the Right of the People to alter or to abolish it, and to institute new Government,’” and “Yeah, I’m proud of what I did yesterday. It’s guns next, that’s the only way.” 

            The most serious assault charge and the obstruction charge each carry a statutory maximum sentence of up to 20 years in prison. A federal court judge will determine the appropriate sentence after considering all factors and the U.S. Sentencing guidelines.

            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 Northern District of Texas.

            The case is being investigated by the FBI’s Knoxville and Washington Field Offices, which listed Padilla as #181 on their seeking information photos. Valuable assistance was provided by the U.S. Capitol Police, and the Metropolitan Police Department.

            In the 27 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.

Source: United States Department of Justice News

CONCORD – Dale Stewart, 54, appeared before Magistrate Judge Andrea K. Johnstone for an initial appearance in federal court in connection with two pipe bomb explosions in Weare, New Hampshire, U.S. Attorney Jane E. Young announces.

Stewart, 54, was charged with possessing an unregistered firearm, a destructive device, and possessing a destructive device unidentified by a serial number on April 28, 2023. Stewart remains in custody on state charges.

According to the charging documents, Stewart allegedly constructed and detonated two destructive devices in Weare, New Hampshire on April 26, 2023 and April 27, 2023. In response to the explosions, law enforcement obtained a search warrant for Stewart’s vehicle and retrieved an additional destructive device, constructed of white PVC pipe, with glued end caps, wrapped in black electrical tape, with a green hobby fuse protruding from one of the end caps. The destructive device found in the vehicle contained more than 4 ounces of an explosive material, consistent with the manufacturing of the two recovered suspected pipe bombs from the two separate detonation scenes in Weare, New Hampshire.

The charges of possessing an unregistered destructive device and possessing a destructive device unidentified by serial number provide for a sentence of up to 10 years in prison, and a fine of up to $ 10,000. 

The Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Weare Police Department; and the Federal Protective Service led the investigation. Valuable assistance was provided by Federal Bureau of Investigation, and the New Hampshire State Police. Assistant U.S. Attorney Cesar Vega is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

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Source: United States Department of Justice 2

The Justice Department announced today that it has secured a $450,000 settlement resolving allegations that Salazar Dos Santos, a Chicopee, Massachusetts, landlord, violated the Fair Housing Act by sexually harassing female tenants for at least 11 years. The settlement also resolves claims against the Trusts of Salazar Dos Santos and America Dos Santos, which held the properties where the harassment occurred.

The Justice Department’s lawsuit, filed in 2019, alleged that from at least 2008, Dos Santos subjected multiple female tenants to unwelcome sexual contact, which included coercing them to engage in sex acts, physically sexually assaulting them, exposing himself and locking them in his office to sexually assault them. The lawsuit asserted that Dos Santos implicitly offered to provide relief from rental payment obligations in exchange for engaging in sexual acts with him and threatened tenants who resisted or objected to his unwelcome sexual harassment. It is further alleged that some victims were sexually harassed dozens of times for months (one tenant on more than 40 occasions), and that Dos Santos evicted some tenants after they refused his advances.

“Coercing tenants to engage in sex acts and retaliating against those who resist are among the most egregious forms of sexual harassment that we see today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to combating sexual harassment in housing, and securing relief for those whose lives have been upended by such dehumanizing and unlawful conduct.”

“Sexual harassment and the conduct alleged here is repugnant and completely unacceptable. Stable and safe housing is fundamental for positive outcomes in life. Insidiously, sexual harassment and violations in the context of housing often target vulnerable tenants who fear eviction and homelessness,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “Although not present in this case, there are also times that immigration status is the manipulation utilized to target and victimize vulnerable tenants. Under the Fair Housing Act, the federal government has the authority to investigate and hold to account predatory landlords and property managers who engage in this despicable conduct. The District of Massachusetts is committed to actively and aggressively investigating these types of cases. Last, but certainly not least, I want to commend the brave women who came forward in this matter.”

Under the proposed consent decree agreed upon by all parties, subject to approval by the U.S. District Court for the District of Massachusetts, the defendants are required to pay a total of $425,000 to compensate individuals harmed by the harassment and a $25,000 civil penalty. The consent decree also bars future discrimination and retaliation, requires that property management responsibilities be turned over to an independent manager, mandates the implementation of a sexual harassment policy, complaint procedure, and Fair Housing Act training and requires detailed reporting regarding property management activities and compliance with the terms of the consent decree. The consent decree permanently bars Dos Santos from participating in any property management responsibilities at any residential rental property.

The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the initiative in October 2017, the department has filed 30 lawsuits alleging sexual harassment in housing and recovered over $10 million for victims of such harassment.

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. The Civil Rights Division is committed to protecting people from sexual misconduct. More information about the Civil Rights Division and the laws it enforces is available at justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.

Source: United States Department of Justice News

SAN JUAN, Puerto Rico – The United States Attorney for the District of Puerto Rico, W. Stephen Muldrow, the Special Agent in Charge (SAC) of the San Juan Office of the Federal Bureau of Investigation (FBI), Joseph González, and the Assistant Special Agent in Charge (ASAC) of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), José Luis Soto, are redoubling efforts and focus to investigate, detect, and deter Medicare fraud.

According to estimates from the National Health Care Anti-Fraud Association, Medicare fraud costs taxpayers over $100 billion a year in a wide range of fraud schemes that involve beneficiaries, health care providers, and organizations operating Medicare Advantage (Medicare Part C) plans. All Medicare beneficiaries in Puerto Rico, as well as the doctors and other healthcare providers who serve those beneficiaries, deserve an affordable, effective, efficient, and transparent health care system.

“Typical fraud schemes committed in the health care area include cases where healthcare providers bill for services not actually provided or lie about and inflate the nature of the actual services rendered (known as “upcoding”). However, together with our law enforcement partners, our investigative and prosecutorial focus will continue to look to any fraudulent activities occurring within organizations managing Medicare Advantage programs, including payments of illegal incentives and the submission of false information related to patient risk assessments,” said United States Attorney Muldrow. 

“Healthcare is a basic need and improper use of healthcare systems can turn this basic necessity into a luxury,” said Special Agent in Charge of the FBI San Juan Field Office, Joseph González. “The FBI will not stand by while this type of abuse is taking place. We ask that anyone who believes they have been a victim or witness to a healthcare fraud scheme to report it by calling the FBI San Juan number 787-987-6500 or leave a tip online through tips.FBI.gov. The people can rest assured that we will follow each lead and investigate each case to its ultimate consequence.”

ASAC José Luis Soto of the HHS-OIG Puerto Rico Field Office said, “HHS-OIG will continue to investigate any conduct by Medicare Advantage plans that may result in violation of federal law and will work jointly with our law enforcement partners to ensure that entities that execute business with federal health care programs do so in an honest manner.”

What can you do?

Please contact the FBI and HHS-OIG hotlines below to provide information and leads of any fraud scheme concerning Medicare funds. Such fraud schemes include but are not limited to: billing for services that are not provided, billing for more expensive services than were actually provided, also known as “upcoding”, fraudulent attempts to tamper with patient risk factors or providing incentives to undergo medical testing or procedures that are not medically necessary.

Hotline Contacts:

HHS-OIG Email: nycoifosanjuan@oig.hhs.gov

HHS-OIG Telephone: 787-758-3752

FBI tips online: tips.FBI.gov

FBI Telephone: 787-987-6500

Public media complaints:

https://m.facebook.com/wkaq580/videos/898068291246958/  

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Source: United States Department of Justice Criminal Division

A federal jury convicted three La Mara Salvatrucha, or MS-13, members yesterday of RICO conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, drug trafficking, and destruction of evidence.

According to court documents and evidence presented at trial, from 2014 until 2021, Jorge Flores, 30, aka Peluche, Kevin Tidwell, 29, aka Miklo, both of Nashville, Tennessee; and Jose Pineda-Caceres, 24, aka Demente, a Honduran national, were members of MS-13. MS-13 is a national and transnational gang composed largely of individuals of Salvadoran or Central American descent. Branches or “cliques” of MS-13 operate throughout the United States. MS-13 dedicates its members to preserving and protecting the power, territory, reputation, and profits of the gang through the use of intimidation and violence, including murder and promoting the gang through acts of murder, robbery, drug trafficking, and other criminal activities.

MS-13 members are required to follow various rules, chief among them being that cooperation with law enforcement is strictly prohibited, and it is understood within the gang that anyone who assists police will be punished with death.  Members are also required to confront, fight, and/or kill rival gang members and to retaliate quickly and viciously against anyone who disrespects or threatens the gang’s authority, power, reputation, or control of a neighborhood. By committing murders, the defendants gained entrance into MS-13 or earned respect among the other members.

On April 6, 2016, Pineda-Caceres, along with several other MS-13 members and associates, murdered a victim because they believed the victim was a rival gang member. Pineda-Caceres lured the victim to a field where he and other members and associates shot the victim to gain entrance into MS-13. On July 31, 2016, Pineda-Caceres also murdered another victim. After leaving a nightclub in Nashville, Pineda-Caceres followed the victim’s car and, while attempting to kill the victim’s brother, shot and killed the victim. In addition, Tidwell and Flores murdered a victim on May 21, 2017, outside of a bar in Nashville because they believed the victim was associated with a rival gang. Tidwell and Flores shot the victim 11 times while the victim was sitting in the victim’s car. Tidwell and Flores also shot and killed a victim on May 27, 2017, because the victim insulted MS-13. They chased down the victim’s car and shot the victim while the victim attempted to flee. On Sept. 24, 2017, Flores murdered a victim and other MS-13 members and associates lured the victim to a secluded location in Nashville, shot the victim, and placed the victim’s body in the trunk of a car. Flores then burned the car with the victim’s body in the trunk in Cheatham County, Tennessee.

The defendants were convicted of RICO conspiracy, five murders, multiple attempted murders in aid of racketeering, conspiracies to commit murder in aid of racketeering, firearms offenses, tampering with evidence, and drug distribution. They will be sentenced at a later date and each face a mandatory minimum sentence of life in prison.

The three trial defendants were among the nine defendants charged in the indictment. The other six defendants previously pleaded guilty to RICO conspiracy and related offenses, as follows:

• Carlos Ochoa, 33, of Nashville, Tennessee
• Jason Sandoval, 37, of Nashville, Tennessee
• Gerson Serrano-Ramirez, 35, of El Salvador
• Franklin Hernandez, 23, of Honduras
• Juan Melendez, 24, of El Salvador
• Luis Colindres, 26, of Honduras

As part of this multi-year investigation, MS-13 members and associates were also convicted of five additional murders that occurred between 2016 and 2017 in the Nashville area. 

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee, Special Agent in Charge Marcus Watson of the ATF Nashville Field Division, Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division, U.S. Marshal for the District of Tennessee Denny King, Metropolitan Nashville Police Chief John Drake, and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.

The ATF, HSI, DEA, U.S. Marshals Service, Metropolitan Nashville Police Department, and Tennessee Bureau of Investigation investigated the case.

Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee are prosecuting this case. 

This prosecution is part of an Organized Crime Drug Enforcement Task Force’s (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.