Justice Department Commemorates National Crime Victims’ Rights Week

Source: United States Department of Justice News

The Justice Department joined communities across the nation this week for the 52nd commemoration of National Crime Victims’ Rights Week. Department leaders and staff, victim advocates and allied professionals, and crime survivors together marked decades of progress in improving the legal standing of crime victims and expanding access to victim services.

The Office for Victims of Crime in the department’s Office of Justice Programs led the observance, which included a candlelight vigil on the National Mall and a survivor voices symposium. Associate Attorney General Vanita Gupta also highlighted the department’s commitment to crime victims at an event hosted by the Office on Violence Against Women marking National Sexual Assault Awareness and Prevention Month, where she featured guidance to law enforcement on responding to sexual assault and domestic violence. She also addressed a summit on environmental crimes co-hosted by the department’s Environment and Natural Resources Division and the Environmental Protection Agency, describing the update of the Attorney General’s Guidelines for Victim and Witness Assistance as a department commitment to “taking a victim-centered, trauma-informed, culturally responsive approach to advancing criminal justice” and emphasizing the need to support survivors of environmental crimes. Before her remarks, the Associate Attorney General met with three survivors of environmental offenses.

“National Crime Victims’ Rights Week is an opportunity for all of us to reflect on the importance of making the justice system work for survivors of crime,” said Associate Attorney General Vanita Gupta. “We are grateful for the countless victims who have come forward to lend their voices to the vital project of reform and to creating a more just and humane society.”

“Many people think justice equals a conviction or an arrest, but for survivors, justice sometimes means being heard and believed,” said Director Kristina Rose of the Office for Victims of Crimes (OVC). “It means reading a victim impact statement in court. It means being treated with dignity and respect. Justice is about options and choices and opportunities to give voice to one’s experience. During National Crime Victims’ Rights Week, we honor those voices.”

The candlelight vigil on Wednesday night featured three speakers who recounted their experiences as crime victims, underscoring this year’s theme — “Survivor Voices: Elevate. Engage. Effect Change.” Anna Nasset, a stalking survivor who runs a victim services organization called Stand Up Resources; Jerome Brown, statewide training director of the SNUG Outreach Program at the New York State Division of Criminal Justice Services; and Roberta Roper, a long-time victim rights champion who founded what is now the Maryland Crime Victims Resource Center, all gave testimony to the impact of victims’ voices. Singer-songwriter Kelly Jackson of the Lac du Flambeau Band of Lake Superior Chippewa Indians sang Gaawiin Niiwii Izhaasiin (I Don’t Want to Go), her tribute to tribal children and youth who were traumatized by the boarding school experience.

On Thursday, OVC Assistant Attorney General Amy L. Solomon and Director Rose convened seven survivors for a symposium on the role of survivors in advancing criminal justice reform. Participants discussed strategies for elevating victims’ voices in conversations about responses to gun violence, alternatives to incarceration and long sentences. Federal leaders, criminal justice professionals and victim advocates were on hand for the discussion.

In addition to events held this week in the nation’s capital, Director Rose participated in a commemoration organized by the Los Angeles District Attorney Bureau of Victim Services and traveled to Albuquerque for the launch of the Youth Advocacy Corps, an OVC-funded program that provides pathways to victim service and advocacy for marginalized youth. In addition, U.S. Attorneys across the country participated in commemorative activities in their districts, and other Department components, including the FBI, honored survivors and victim-serving professionals.

National Crime Victims’ Rights Week has been observed at the federal level since 1981. Through Victims of Crime Act funding, the OVC supports thousands of local victim assistance programs — which served nearly over 9.7 million new and returning crime victims in fiscal year 2022 — and victim compensation programs in every state and territory and the District of Columbia.

Clemency Recipient List

Source: United States Department of Justice News

Today, President Joseph R. Biden Jr. is commuting the sentences of 31 individuals.

Chiquita Acker – Pearlington, Mississippi
Offense: Possession with intent to distribute 500 grams or more of methamphetamine (Southern District of Mississippi). 
Sentence: 120 months of imprisonment, five-year term of supervised release, $5,000 fine (March 16, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $5,000 fine.

Kathy Alexander – Kennett, Missouri
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Western District of Missouri).
Sentence: 84 months of imprisonment, five-year term of supervised release (March 13, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Camille Diane Armstrong – Corpus Christi, Texas
Offense: Conspiracy to possess with intent to distribute 84 grams of actual methamphetamine (Southern District of Texas).
Sentence: 120 months of imprisonment, five-year term of supervised release (January 5, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Connie Avalos – Menifee, California
Offense: Conspiracy to distribute methamphetamine (Eastern District of Kentucky).
Sentence: Life imprisonment (November 30, 2009); commuted to 235 months of imprisonment (January 19, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement.

Lori Broadway – Winnfield, Louisiana
Offense: Possession with intent to distribute one kilogram or more of heroin (Eastern District of Louisiana).
Sentence: 120 months of imprisonment, five-year term of supervised release (September 8, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Kevin Lee Burdock – Keswick, Iowa
Offense: Conspiracy to distribute at least 500 grams of methamphetamine; possession with intent to distribute marijuana (Southern District of Iowa).
Sentence: Life imprisonment, 10-year term of supervised release (February 2, 2009); amended to 240 months of imprisonment, 10-year term of supervised release (June 24, 2010).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.

Bongani Charles Calhoun – Houston, Texas
Offense: Conspiracy to possess with intent to distribute cocaine; attempt to possess with intent to distribute cocaine; possession of a firearm during and in relation to a drug trafficking crime (Western District of Texas)
Sentence: 180 months of imprisonment, five-year term of supervised release (June 21, 2011).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Jennifer Marie Chastain – Delhi, Iowa
Offense: Conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine (Northern District of Iowa).
Sentence: 121 months of imprisonment, three-year term of supervised release (June 13, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.

Aaron Courter – Evansville, Indiana
Offense: Conspiracy with intent to distribute and to distribute 500 grams or more of methamphetamine (Southern District of Indiana).
Sentence: 87 months of imprisonment, three-year term of supervised release (October 20, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.

Catherine Crotts – Mulberry, Florida
Offense: Distribution of five grams or more of methamphetamine (Middle District of Florida).
Sentence: 120 months of imprisonment, five-year term of supervised release (September 20, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Scottie Ladon Dixon – Atmore, Alabama
Offense:

  1. Supervised release violation (conspiracy to possess with intent to distribute crack cocaine);
  2. Conspiracy to possess with intent to distribute crack cocaine (Southern District of Alabama).

Sentence:

  1. 33 months of imprisonment (concurrent) (May 18, 2010);
  2. Life imprisonment, 10-year term of supervised release (May 18, 2010); commuted to 221 months of imprisonment, 10-year term of supervised release (August 3, 2016).

Commutation Grant: Total sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.

Samuel Gemple – Fort Wayne, Indiana
Offense: Conspiracy to distribute and to possess with intent to distribute 100 kilograms or more of marijuana (Northern District of Indiana).
Sentence: 120 months of imprisonment, eight-year term of supervised release (February 2, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release.

Mario Francisco Gomez, Jr. – Laredo, Texas
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine, aiding and abetting (Eastern District of Michigan).
Sentence: 120 months of imprisonment, five-year term of supervised release (January 30, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Daniel Graap – Wausau, Wisconsin
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Western District of Wisconsin).
Sentence: 120 months of imprisonment, five-year term of supervised release (June 30, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Lisa Gribble – La Fayette, Georgia
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Eastern District of Tennessee).
Sentence: 150 months of imprisonment, five-year term of supervised release (March 19, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Andre Richard Harris – Detroit, Michigan
Offense: Possession with intent to distribute five kilograms or more of cocaine (Northern District of Alabama).
Sentence: 120 months of imprisonment, five-year term of supervised release (October 10, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Bart Hyde – Clinton, Iowa
Offense: Conspiracy to manufacture and distribute methamphetamine (Southern District of Iowa).
Sentence: 235 months of imprisonment, five-year term of supervised release (November 4, 2011); amended to 188 months of imprisonment, five-year term of supervised release (September 18, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Rebecca Lawrence – Omega, Georgia
Offense: Conspiracy to possess with intent to distribute methamphetamine (Middle District of Georgia).
Sentence: 120 months of imprisonment, five-year term of supervised release (October 26, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Rogelio Murillo – Riverview, Florida

Offense: Possession with intent to distribute a quantity exceeding 100 kilograms, that is, approximately 194 kilograms of marijuana (Southern District of Texas).
Sentence: 108 months of imprisonment, five-year term of supervised release, $5,000 fine (June 20, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $5,000 fine.

Ricky Lee Newton – Otisville, Michigan
Offense: Conspiracy to possess more than 100 kilograms but less than 1,000 kilograms of marijuana (with intent to distribute) (Eastern District of Michigan)
Sentence: 360 months of imprisonment, eight-year term of supervised release, $20,000 fine (December 19, 2002).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $20,000 fine.

Shawn Paaaina – Ewa Beach, Hawaii
Offense: Conspiracy to distribute and to possess 50 grams or more of methamphetamine and 500 grams or more of cocaine with intent to distribute (District of Hawaii).
Sentence: 78 months of imprisonment, five-year term of supervised release (September 24, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Robert Raymond Palmer – Waynesboro, Mississippi
Offense: Conspiracy to possess with intent to distribute methamphetamine (Southern District of Alabama).
Sentence: 89 months and 23 days of imprisonment, four-year term of supervised release (July 28, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the four-year term of supervised release.

Gregory Todd Peasley – Onawa, Iowa
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine (Northern District of Iowa).
Sentence: 150 months of imprisonment, five-year term of supervised release (May 11, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Maria Peterson – New York, New York
Offense: Conspiracy to distribute and possess with intent to distribute heroin; distribution and possession with intent to distribute heroin (District of New Jersey).
Sentence: 60 months of imprisonment, three-year term of supervised release (March 20, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.

Samuel Rivera – Utica, New York
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine (Northern District of New York).
Sentence: 120 months of imprisonment, five-year term of supervised release (April 5, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

German Roman-Oliver – Grove City, Ohio
Offense: Conspiracy to distribute over 500 grams of cocaine (Southern District of Ohio).
Sentence: 192 months of imprisonment, five-year term of supervised release (March 8, 2012).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Vickie Sanders – Olney, Illinois
Offense: Conspiracy to manufacture methamphetamine; attempt to manufacture methamphetamine; possession of pseudoephedrine knowing it would be used to manufacture a controlled substance – methamphetamine (four counts) (Southern District of Illinois).
Sentence: 120 months of imprisonment, eight-year term of supervised release, $300 fine (May 9, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release and the unpaid remainder, if any, of the $300 fine.

Phillip Steely – Morris Chapel, Tennessee
Offense: Conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine (Western District of Tennessee).
Sentence: 121 months of imprisonment, five-year term of supervised release (June 18, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Ryan Vick – Cedar Rapids, Iowa
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine or 500 grams or more of a mixture containing a detectable amount of methamphetamine after having been previously convicted of a felony drug offense (Northern District of Iowa).
Sentence: 235 months of imprisonment, 10-year term of supervised release (March 1, 2012); amended to 211 months of imprisonment, 10-year term of supervised release (September 20, 2012).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.

Gregory Warrick – Capital Heights, Maryland

Offense:

  1. Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine (District of Maryland);
  2. Attempted possession with intent to distribute a controlled substance (cocaine) (District of Columbia Superior Court).

Sentence:

  1. 168 months of imprisonment, five-year term of supervised release (April 28, 2014);
  2. 18 months of imprisonment (concurrent), five-year term of supervised release (June 13, 2014).

Commutation Grant: Total sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Raymond Washington – Corinth, Texas
Offense: Conspiracy to possess with intent to distribute cocaine (Eastern District of Texas).
Sentence: 276 months of imprisonment, 10-year term of supervised release (October 19, 2011); amended to 240 months, 10-year term of supervised release (May 25, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.

Tennessee Corrections Officer Convicted of Obstructing Investigation Into Allegations of Sexual Misconduct with an Inmate

Source: United States Department of Justice News

A Tennessee man was found guilty yesterday of obstructing an investigation into allegations that he sexually abused an inmate in his custody.

James Stewart Justice, 32, of Columbia, a corrections officer with the Maury County Jail, was convicted of one count of falsification of records. According to evidence introduced at trial, the defendant, formerly known as James Stewart Thomas, wrote an official report for the jail in response to allegations that he had violated the Prison Rape Elimination Act. In his report, the defendant 1) falsely claimed that he had reported to two Maury County Jail supervisors that an inmate had made sexual advances toward him while the inmate was in his custody at a hospital; 2) falsely claimed that those two Maury County Jail supervisors both advised him not to write a report about those alleged sexual advances by the inmate; and 3) omitted that he had a sexual relationship with the inmate after the inmate’s release from the custody of the Maury County Jail.

“The defendant pledged to protect and serve but instead he abused his authority as a corrections officer to try to cover up sexual misconduct at the county jail,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This verdict sends a clear message that the Justice Department will hold accountable any official who obstructs a federal civil rights investigation.”

“Today’s verdict ensures that James Justice will be held accountable for his actions. As importantly, it ensures that he will no longer be entrusted to serve as a law enforcement officer,” said U.S Attorney Henry C. Leventis for the Middle District of Tennessee. “I commend our trial team and partners at the FBI for an excellent job of investigating and presenting this case to the jury.”

“When a correctional officer abuses his authority, it undermines the respect and reputation of all law enforcement officers,” said Special Agent in Charge Douglas DePodesta of the FBI Memphis Field Office. “The FBI will vigorously investigate and bring to justice any official who violates the constitution and the trust of the people.”

Justice faces maximum penalty of 20 years in prison. Sentencing has been scheduled for Sept. 18.

The FBI investigated the case.

Assistant U.S. Attorney Amanda Klopf for the Middle District of Tennessee and Trial Attorney Kyle Boynton of the Civil Rights Division’s Criminal Section are prosecuting the case.

San Diego Man Sentenced to Prison for Tax Evasion, Fraud and Failing to Appear for his 2001 Sentencing Hearing

Source: United States Department of Justice News

A California man was sentenced to 63 months in prison today for criminal conduct spanning three decades, consisting of failing to appear for sentencing, conspiracy to defraud the IRS, evading the proper assessment of income tax and wire fraud.

According to court documents and statements made in court, Robin J. McPherson, formerly of San Diego and who was apprehended in Costa Rica and returned to the United States last year, failed to appear for his sentencing in March 2001 following a December 2000 bench trial convicting him and two co-defendants of conspiring to defraud the IRS and collectively evading over $1 million in income taxes for 1993 and 1994. 

McPherson also engaged in additional criminal conduct. In 1999 and 2000, he earned income from individuals whom he and a codefendant induced into investing in an internet shopping mall and attempted to evade taxes due on this income proceeds by cashing the checks he received and directing the income to a bank account he controlled in Canada. McPherson did not file income tax returns with the IRS for those years, causing a tax loss of approximately $79,367.

Later, between 2016 and 2020, McPherson, using the name Raymond James, defrauded individuals out of approximately $1.5 million by inducing them to invest in villas in Costa Rica that were never built.

In addition to the term of imprisonment, U.S. District Judge Janis L. Sammartino sentenced McPherson to three years of supervised release and ordered him to pay approximately $4.7 million in restitution to the victims of his fraud scheme and to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Randy S. Grossman for the Southern District of California and U.S. Attorney Natalie K. Wight for the District of Oregon made the announcement.

IRS-Criminal Investigation and the FBI investigated the cases.

Trial Attorney Charles A. O’Reilly of the Justice Department’s Tax Division prosecuted the cases.

Attorney General Merrick B. Garland Delivers Remarks at the Cross-Border Crime Forum

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Good afternoon.

I first want to thank our Canadian colleagues for hosting this year’s Cross-Border Crime Forum.  In particular, I want to thank Ministers Mendicino and Lametti for the warm welcome to Ottawa.

Today, we reaffirmed the importance of the partnership between the United States and Canada in confronting some of our most urgent shared challenges. And we reaffirmed the principle underlying that partnership – our shared commitment to uphold the rule of law.

The United States and Canada are united in our commitment to addressing the fentanyl epidemic that is devastating families and communities in both of our countries. 

The Justice Department’s Drug Enforcement Administration and the Royal Canadian Mounted Police are stepping up information-sharing on precursor chemical and clandestine lab seizures.

We are working together to target each stage of the movement, manufacturing, and sale of fentanyl, from start to finish.

In just one example of that work, in 2021, Canada extradited a defendant to face charges in the United States related to the movement of fentanyl and fentanyl analogues from China for distribution in the United States and Canada.

Earlier this week, the Justice Department announced the conviction of that defendant for her role in a large-scale international fentanyl trafficking operation. A number of other defendants have also been charged as part of this investigation.

This case also demonstrates the importance of disrupting the fentanyl precursor supply chain originating in China. As I have said before, the PRC government must take responsibility for its role in this epidemic and stop the unchecked flow of fentanyl precursor chemicals coming out of China.

The Justice Department will continue to work together with our partners both here in Canada and in Mexico to combat fentanyl trafficking and get deadly fentanyl out of our communities.

In addition to reaffirming our shared commitment to addressing the fentanyl epidemic, we reiterated the importance of our joint efforts to combat the trafficking of illegal guns.

In another example of our work together, earlier this month, the Toronto Police Service announced the results of Project Moneypenny, a cross-border firearms trafficking investigation.  

In coordination with other Canadian police agencies and the Justice Department’s Bureau of Alcohol, Tobacco, Firearms, and Explosives, the ATF, Project Moneypenny resulted in the seizure of 173 illegal firearms in Canada and the United States as well as 42 arrests.

And we are committed to doing even more of this work. Last month, ATF and the Canada Border Services Agency took an important step forward by signing a new agreement to strengthen information-sharing between the two agencies.

We have seen time and again in our own investigations in the United States that data and information-sharing are powerful tools in the fight against gun violence.  They enable us to turn evidence collected at crime scenes into the leads that assist in identifying, investigating, and prosecuting those who commit violent crimes.

The Justice Department is using every tool at our disposal to combat gun trafficking and hold accountable those who flood our communities with illegal guns.

That includes putting to use new authorities to prosecute gun traffickers and seize illegal guns.  Last year, the United States Congress passed the first major gun safety legislation in nearly 30 years, giving the Justice Department new tools to disrupt gun trafficking networks.  Our prosecutors have since charged defendants across the United States with new violations under that law.

As part of our efforts to keep citizens of both our countries safe, we also discussed the importance of coordination in investigating and prosecuting crimes involving digital assets.  We must work together to crack down on criminal cryptocurrency transactions and take down the online criminal marketplaces that enable them.

Finally, we reaffirmed the importance of the principle that unites our countries – adherence to the rule of law.

Russia’s unprovoked and unjust invasion of Ukraine has demonstrated to all of us the stake we have in the success of democracy.

And it has demonstrated to all of us the importance of standing together in the face of efforts to undermine the rule of law upon which our governments are based.

The United States is committed to holding the Russian regime accountable for its atrocities against the Ukrainian people.

We look forward to finding more ways to work with our international partners to build on those efforts.

Thank you.