Category: US Department of Justice

Source: United States Department of Justice News

JUNEAU – A Haines man was sentenced today to 2 years in prison and 5 years of supervised release for drug conspiracy.

According to court documents, Fredrick Daniel Folletti, 63, of Haines, Alaska pleaded guilty to drug conspiracy involving the transportation of 79.67 grams of actual methamphetamine from Washington state to Haines, Alaska. Folletti facilitated and arranged the travel of a drug courier located in Washington to acquire methamphetamine to deliver it to Folletti in Haines, Alaska.

“Drug trafficking has a disproportionate effect in small rural communities in Southeast Alaska,” said U.S. Attorney S. Lane Tucker, District of Alaska. “This sentence serves as a reminder that we will prosecute and hold accountable those who are harming our communities, and with our law enforcement partners, will persist in the disruption of narcotics into this district.”

U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.

The Southeast Alaska Cities Against Drugs and the Federal Bureau of Investigation investigated the case.

Assistant U.S. Attorney Jack Schmidt prosecuted the case.

Source: United States Department of Justice News

A former case manager with the Mississippi Department of Corrections pleaded guilty yesterday before U.S. District Court Judge Tom Lee for using excessive force against an inmate, involving the use of a dangerous weapon and resulting in bodily injury.

According to court documents and information presented in court, on July 11, 2019, Nicole Moore willfully deprived inmate L.C. of the Eighth Amendment right to be free from cruel and unusual punishment when the defendant, aiding and abetting others, kicked a non-resisting inmate in the head even though L.C. was not resisting.

“When corrections officials working inside jails and prisons violently assault inmates held in their custody, they will be held accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division of the Justice Department stands ready to hold all prison officials accountable for violating the Eighth Amendment right of prisoners to be free from cruel and unusual punishment.”

“Those that abuse positions of power will be dealt with accordingly,” said U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi. “This should be a reminder to those responsible for the care and control of inmates, that they too must abide by the laws of this nation.”

“Our citizens serving time for crimes against the public deserve the safety and protection from harm by those officials who are charged with their care,” said Special Agent in Charge Jermicha Fomby for the FBI Jackson Field Office. “Ms. Moore’s blatant violation of this trust is a disservice to those in the penal system, the corrections officers who take pride in their profession and citizens in general. The FBI is committed to protecting all citizens of our community.”

Moore faces a maximum penalty of 10 years in prison. Her sentencing is scheduled for July 25.

The FBI Jackson Field Office is investigating the case. 

Assistant U.S. Attorney Glenda Haynes for the Southern District of Mississippi and Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section are prosecuting the case.

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced today that TAJ EVERLY pled guilty to a deprivation of constitutional rights under color of law.  On May 28, 2020, EVERLY, then a correction officer at Green Haven Correctional Facility, assaulted an individual incarcerated in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), striking and tackling the inmate without provocation, and then attempted to obstruct the investigation of his assault by preparing a false report.  EVERLY’s actions deprived the incarcerated individual of the constitutional right to be free from excessive force amounting to cruel and unusual punishment.  EVERLY pled guilty today before U.S. Magistrate Judge Judith C. McCarthy.

U.S. Attorney Damian Williams said: “As he admitted today, former correction officer Taj Everly violated the constitutional rights of an incarcerated individual by using excessive force amounting to cruel and unusual punishment.  The protections afforded by the U.S. Constitution extend to all Americans, including those who are serving time in prison.  When individuals in power abuse their authority to injure the powerless, we will act aggressively to ensure justice is served.”

According to the Superseding Indictment and other documents in the public record as well as statements made in public court proceedings:

EVERLY previously worked as a correction officer assigned to Green Haven Correctional Facility in Stormville, New York.  On May 28, 2020, while on duty, EVERLY assaulted an incarcerated individual without provocation, striking him with a closed fist and then tackling him to the ground.  After the assault, EVERLY falsified a report about the incident, identifying the inmate as the aggressor, thereby obstructing the investigation into the unjustified use of force.

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EVERLY, 32, of Cortlandt Manor, New York, pled guilty to a deprivation of constitutional rights under color of law, which carries a maximum sentence of 10 years in prison.

The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation and the DOCCS Office of Special Investigations.

The case is being handled by the Civil Rights Unit in the Criminal Division.  Assistant U.S. Attorneys Kaiya Arroyo and Lindsey Keenan are in charge of the prosecution.

Source: United States Department of Justice News

PROVIDENCE –Elmhurst Rehabilitation & Healthcare Center (“Elmhurst”) has entered into an agreement with the United States Attorney’s Office for the District of Rhode Island, resolving allegations that Elmhurst failed to furnish sign language interpreting services during interactions with a resident who is deaf, announced United States Attorney Zachary A. Cunha.

Under the settlement agreement, Elmhurst will adopt new ADA policies and practices, train its staff on those policies, will report any future complaints, and agrees to cooperate with the U.S. Attorney’s Office to ensure ongoing compliance with the terms of the settlement agreement. Elmhurst will also pay a settlement of $30,000 to the complainant and a $5,000 civil penalty.

 “When deaf Rhode Islanders seek medical care, they shouldn’t have to worry whether a lack of legally required interpreter services will keep them from communicating effectively with their healthcare providers,” remarked U.S. Attorney Cunha. “Today’s settlement ensures that those services will be provided, as the law requires, for all patients.”

Elmhurst is a private medical practice that provides skilled nursing services, post-acute medical services, and rehabilitation programs in Providence. Title III of the ADA prohibits discrimination against people with disabilities in places of public accommodations, such as medical centers. The ADA requires places of public accommodation to provide the necessary auxiliary aids and services to ensure that communication is effective. Such aids and services can include American Sign Language interpreters for individuals who are deaf or hard of hearing and must be paid for by the place of public accommodation.

The matter was litigated by Assistant U.S. Attorney Amy R. Romero.

The Department of Justice has a number of publications available to assist entities in complying with the ADA, including Effective Communication and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD).

Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at  (401) 709-5000 or by email at USARI.CivilRightsComplaint@.gov.

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Source: United States Department of Justice News

PROVIDENCE – A Providence man who acted as a supplier of fentanyl to a mid-level drug trafficker was sentenced today to nearly six-and-a-half years in federal prison, announced United States Attorney Zachary A. Cunha.

Keven Restrepo, 32, formerly of Kissimmee, FL, was arrested in September 2021, as the result of a wide-ranging FBI Safe Streets Gang Task Force and Providence Police Department drug trafficking investigation in Rhode Island that resulted in the arrest of sixteen individuals.

According to court documents and information presented to the court, Restrepo set up multiple deliveries of fentanyl to a Providence man, and instructed him on how to “cut,” or increase the weight of fentanyl he was selling to him to increase its volume and provide a greater profit. On at least two occasions Restrepo set-up deliveries that totaled 70 grams of fentanyl.

According to court documents, with judicial approval, law enforcement monitored and recorded telephone conversations in which Restrepo boasted of supplying significant quantities of drugs to others in the past; detailed how to “cut” and increase the volume of drugs; and discussed obtaining a firearm.

At the time of his arrest on federal drug trafficking charges, Restrepo was on bail and awaiting sentencing in Rhode Island state court, having been convicted of multiple firearm and assault charges in a case in which an individual was shot in a gang-related incident and suffered serious injuries.

In the matter charged in federal District Court, Restrepo pleaded guilty on December 12, 2022, to a charge of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl. He was sentenced today by U.S. District Court Judge Mary S. McElroy to seventy-seven months in federal prison to be followed by four years of federal supervised release.

The case was prosecuted by Assistant U.S. Attorney Stacey A. Erickson.

The Rhode Island FBI Safe Streets Gang Task Force consists of agents and law enforcement officers from the FBI, United States Marshals Service, Central Falls Police Department, Cranston Police Department, Pawtucket Police Department, Providence Police Department, West Warwick Police Department, Woonsocket Police Department, and Rhode Island State Police.

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